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r 1 <br />6000 IN Fu.637 <br />appealed the impact fee decision to County Administrator Charles Balczun, <br />again referencing "Re: Grand Harbor/Hatala (PYP 53rd Street Right -Of -Way <br />Donation". <br />4. On July 22, 1987 a letter from staff planner Cherelene Boudreaux informed Mr. <br />Henderson that a traffic impact fee credit in the amount of $112,218 had been <br />approved for "Grand Harbor/River Club Project (SP -MA -86-05-37)". <br />5. Mr. Henderson, who represented both Hatala and Grand Harbor, never objected <br />that the credit should have gone to Hatala, not Grand Harbor. <br />6. Grand Harbor utilized the entire traffic impact fee credit by the end of 1987. <br />7. Ten years late, on October 7, 1997, Mr. Henderson wrote to Jim Davis <br />requesting a letter confirming the traffic impact fee credits were still applicable to <br />the Hatala property. The Planning and Public Works -staff requested that the <br />County Attorney's Office review the file and responerto'Mr. Henderson. <br />8. On December 11, 1997 William Collins responded to Mr. Henderson that no TIF <br />credit was ever approved for Hatala, it was approved for Grand Harbor, and <br />thus credits couldn't be confirmed to Hatala 10-1/2 years later. <br />9. On December 16, 1997 Mr. Henderson wrote to William Collins with additional <br />information supporting his. request for the traffic impact fee credits of Hatala. <br />10. On January 20, 1998 William Collins responded to Mr. Henderson that the lapse <br />in time and change in circumstances resulting in prejudice to the County would <br />give rise to an affirmative defense under the doctrines of Laches and Estoppel. <br />11. On January 28, 1998 Mr. Henderson notified Mr. Collins that Mr. Hatala <br />intended to sue for declaratory judgment No suit has been instituted at this <br />point <br />12. By letter received March 6, 1998, Mr. Hatala requested that the Board of County <br />Commissioners consider a resolution of this matter. <br />ANALYSIS: <br />There is no question that Mr. Hatala donated the right-of-way and should have been <br />compensated for the donation. What is unknown from the perspective of 11 years later <br />is whether there was any compensation from the prior owners of Grand Harbor. Also at <br />issue is, if there was no compensation from Grand Harbor, who should compensate Mr. <br />Hatala - the County or his agent, Mr. Henderson, who failed to object when notified July <br />22, 1987 that the impact fee credit was awarded to Grand Harbor. <br />ALTERNATIVES: <br />Allow the Circuit Court to declare the respective rights of the parties with respect <br />to the traffic impact fee credits, Mr. Hatala's stated intent <br />2. Allow the traffic impact fee credits to Mr. Hatala, the original applicant, and <br />reimburse the trust account for traffic impact fee district 4. <br />3. Reach some alternate compromise of the claim with Mr. Hatala, such as <br />repurchasing the credits at discount <br />RECOMMENDATION: <br />Staff recommends defense of suit for declaratory judgment, Alternative No. 1., <br />impleading Mr. Henderson as a third -party defendant. <br />March 17,1998 <br />48 <br />