Common use of The County’s Obligations Clause in Contracts

The County’s Obligations. The County, through its Mobility Fee Coordinator, shall: a. Deliver to Developer a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used. b. Maintain a ledger reflecting the availability of the Credit. c. Require that, in connection with payment of Mobility Fee obligations, when a Credit Voucher from Developer, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to Developer, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Mobility Fee obligations due. d. Not be responsible for determining whether any particular Credit Voucher is valid as between Developer or any transferee or its successor, as applicable, for any development, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 4 below who is authorized to execute the Credit Voucher for any particular development at the time any Mobility Fee obligation is otherwise due. e. Periodically, Developer may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, Xxxxxxxxx believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, Developer may notify the County of its objection to such Credit Voucher(s). Upon receipt of a Developer objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which Developer objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s). f. The County may accept a monetary payment by an applicant for Mobility Fee obligations due for New Construction, or, where no Credit Voucher is presented from Developer, a transferee, or a successor. Any such payment is non-refundable. g. In the event that the Credit of Developer established under Section 2. is exhausted, advise Developer in writing of said occurrence.

Appears in 1 contract

Samples: Mobility Fee Credit Agreement

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The County’s Obligations. The County, through its Mobility Fee Coordinator, shall: a. Deliver to Developer Xxxxxxxx a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors successor of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used. b. Maintain a ledger reflecting the availability use of the Credit. c. Require that, in connection with payment of Mobility Fee obligations, when a Credit Voucher from DeveloperXxxxxxxx, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to DeveloperXxxxxxxx, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Mobility Fee obligations due. d. Not be responsible for determining whether any particular Credit Voucher is valid as between Developer Xxxxxxxx or any transferee or its successor, as applicable, for any developmentNew Construction, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 4 below who is authorized to execute the Credit Voucher for any particular development New Construction at the time any Mobility Fee obligation is otherwise due. e. Periodically, Developer Xxxxxxxx may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, Xxxxxxxxx Xxxxxxxx believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, Developer Xxxxxxxx may notify the County of its objection to such invalid or improperly processed Credit Voucher(s). Upon receipt of a Developer Xxxxxxxx objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such invalid or improperly processed Credit Voucher(s). If the County determines that the Credit Voucher(s) to which Developer Xxxxxxxx objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s). f. The County may accept a monetary payment by an applicant for Mobility Fee obligations due for New Construction, or, Construction where no Credit Voucher is presented from DeveloperXxxxxxxx, a transferee, or a successor. Any such payment is non-refundable. g. In The County is obligated to prepare and deliver a plat of the event that the Credit Right of Developer established under Section 2. is exhaustedWay to Xxxxxxxx on or before April 30, advise Developer in writing of said occurrence2022.

Appears in 1 contract

Samples: Mobility Fee Credit Agreement

The County’s Obligations. The County, through its Mobility Fee Coordinator, shall: a. Deliver to Developer DFC a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors successor of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used. b. Maintain a ledger reflecting the availability use of the Credit. c. Require that, in connection with payment of Mobility Fee obligations, when a Credit Voucher from DeveloperDFC, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to DeveloperDFC, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Mobility Fee obligations due. d. Not be responsible for determining whether any particular Credit Voucher is valid as between Developer DFC or any transferee or its successor, as applicable, for any developmentNew Construction, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 4 5 below who is authorized to execute the Credit Voucher for any particular development New Construction at the time any Mobility Fee obligation is otherwise due. e. Periodically, Developer DFC may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, Xxxxxxxxx DFC believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, Developer DFC may notify the County of its objection to such Credit Voucher(s). Upon receipt of a Developer DFC objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which Developer DFC objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s). f. The County may accept a monetary payment by an applicant for Mobility Fee obligations due for New Construction, or, Construction where no Credit Voucher is presented from DeveloperDFC, a transferee, or a successor. Any such payment is non-refundable. g. In Accept the event that completed Cheswick Oaks Avenue Extension Construction thereof for maintenance, subject to the Credit requirements for guarantees and performance bonds in Article IX of Developer established under Section 2. is exhausted, advise Developer in writing of said occurrencethe County’s Land Development Regulations.

Appears in 1 contract

Samples: Mobility Fee Credit Agreement

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The County’s Obligations. The County, through its Mobility Fee Coordinator, County shall: a. Accept the Alternative Site. b. Prepare warranty deed(s) for the Alternative Site and obtain a title opinion, if required. The warranty deed shall include a deed restriction limiting the use of the Alternative Site to public community park use and/or a public library/community center. c. Present the warranty deed for the Alternative Site to PCI for execution no sooner than 120 days after finalization of the boundary of the Alternative Site. d. Deliver to Developer a form PCI the form(s) for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used. b. e. Maintain a ledger reflecting the availability of the Credit. c. f. Require that, in connection with payment of Mobility Future Park Impact Fee obligations, when a Credit Voucher from DeveloperPCI, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to DeveloperPCI, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Mobility Future Park Impact Fee obligations due. d. g. Not be responsible for determining whether any particular Credit Voucher is valid as between Developer PCI or any transferee or its successor, as applicable, for any development, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 4 6 below who is authorized to execute the Credit Voucher for any particular development at the time any Mobility Future Park Impact Fee obligation is otherwise due. e. h. Periodically, Developer PCI may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, Xxxxxxxxx PCI believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, Developer PCI may notify the County of its objection to such Credit Voucher(s). Upon receipt of a Developer PCI objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which Developer PCI objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s). f. i. The County may accept a monetary payment by an applicant for Mobility Park Impact Fee obligations due for New Construction, or, where no applicable Credit Voucher is presented from DeveloperPCI, a transferee, or a successor. Any such payment is non-refundable. g. j. In the event that the Credit of Developer established under Section 23.a. is exhausted, advise Developer PCI in writing of said occurrence.

Appears in 1 contract

Samples: Donation Agreement

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