Transportation Impact Fee Credits. Promptly upon County’s approval of any Environmental Assessments and Title Commitment required under Section 2, and upon approval and acceptance of the general warranty deed <or in the case of conveyance by plat dedication, County’s acceptance of the plat dedication>, County shall credit on its books to the account of Owner, for purposes of Article IV of Chapter 23 of the Orange County Code and any successor code provisions (the “Impact Fee Ordinance”), the aforementioned amount of transportation impact fee credits to which Owner is entitled under the Impact Fee Ordinance. Such transportation impact fee credits may only be used in transportation impact fee zone <ZONE #> Thereafter, as impact fees become payable from time to time in connection with the Project, and if so instructed by Owner, County shall deduct such amounts payable from Owner’s account. For purposes of the foregoing, County shall make deductions from Owner’s account from time to time only upon receipt of written direction from Owner (or from such person or entity to whom Owner expressly may assign this authority, in writing, in the future) to effect the particular deduction. Nothing herein shall prevent Owner from assigning transportation impact fee credits as provided for in Section 23-95(e) of the Orange County Code, as may be amended from time to time.
Transportation Impact Fee Credits. (1) Impact Fee Credit - The Credit Receiving Entity shall be eligible for TIF credits for construction costs or payment in lieu of such costs for the Xxxxx Xxxx 00 Improvement Pipeline Projects and Pipeline Project No. 4, as detailed in this DA and the TIF Ordinance. Reasonable design, engineering, inspection, permitting, right-of-way acquisition, and construction costs shall be determined by the County Administrator or his designee. In no event shall such TIF credit exceed the lesser of actual construction costs or the estimated construction costs assumed in Exhibit B of this DA (Exhibit G of the DO). The DEVELOPER and/or the Credit Receiving Entity shall, on or before June 1 of each year, provide to the County Administrator or his designee an updated schedule of production for the remainder of the Project. The production schedule must show the number of anticipated units for all residential uses, number of anticipated hotel rooms, number of anticipated ACLF beds, and the anticipated square footage for both commercial and office. In conjunction with the preparation of the COUNTY'S annual CIP budget, the County Administrator or his designee shall, on or before October 1, communicate to the DEVELOPER and/or the Credit Receiving Entity the anticipated number of units that have been included in the CIP budget for the next three (3) fiscal years. Once the DEVELOPER and/or the Credit Receiving Entity has received impact fee credits equal to the expenditures for the pipeline projects, the requirement of updating the production schedule shall be eliminated. In the event the DEVELOPER fails to provide an updated production schedule on or before June 1 of any year, the COUNTY shall not be obligated to communicate, on or before October 1, the results of the CIP budget to the DEVELOPER.
Transportation Impact Fee Credits. County and Owner agree that Owner 136 shall be entitled to receive transportation impact fee credits on a dollar for dollar basis in an amount up to but not exceeding the PS Payment in accordance with Section 163.3180, Florida 138 Statutes, and as specifically described in Exhibit “C.” County further agrees that such credits may be applied on a dollar for dollar basis against capacity reservation fees at such time as 140 capacity reservation fees may be required to be paid by Owner in connection with the issuance of a Capacity Reservation Certificate as contemplated in Section 2 above. In no event shall Owner 142 receive credits in excess of the PS Payment and in the event the PS Payment exceeds either the applicable transportation impact fees or capacity reservation fees, as the case may be, Owner 144 shall not be entitled to a refund for the amount of the PS Payment in excess of such transportation impact fees or capacity reservation fees.
Transportation Impact Fee Credits. The Developer shall be entitled to transportation impact fee credits (“Transportation Impact Fee Credits”) in the amount of the Roadway Improvement Contribution and also for any other contributions that Developer may make that qualify for transportation impact fee credits in accordance with the City of Lakeland Impact Fee Ordinances #5535 and #5536 and the Polk County Amended and Restated and Consolidated Comprehensive Impact Fee Ordinance No. 2018-048 (collectively, the “Impact Fee Ordinances”).
Transportation Impact Fee Credits. County and Owner agree that Owner 134 shall be entitled to receive transportation impact fee credits, applicable only toward development of the Project on the Property, on a dollar for dollar basis in an amount up to but not exceeding the 136 PS Payment in accordance with Section 163.3180, Florida Statutes, as may be amended, and as specifically described in Exhibit “C”. County further agrees that such credits may be applied on a 138 dollar for dollar basis against capacity reservation fees at such time as capacity reservation fees may be required to be paid by Owner in connection with the issuance of a Capacity Reservation 140 Certificate as contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS Payment and in the event the PS Payment exceeds either the applicable transportation 142 impact fees or capacity reservation fees, as the case may be, Owner shall not be entitled to a refund for the amount of the PS Payment in excess of such transportation impact fees or capacity 144 reservation fees. For avoidance of doubt, nothing herein is intended to, nor shall constitute, prepayment of any densities and/or intensities of development or of any development program.
Transportation Impact Fee Credits. Unless specifically authorized by this DA or the TIF Ordinance, the DEVELOPER shall not be eligible for impact fee credits or reimbursement for the Required Roadway Improvements. In addition, the DEVELOPER shall not be eligible for impact fee, or reimbursement for impact fees paid prior to the execution of this DA. Subject to approval of the COUNTY at its sole discretion, the DEVELOPER may elect to construct two (2) additional lanes (total of four [4] lanes) on Sunlake Boulevard from Loop Road south to the County line for impact fee credits as authorized by the approved DO and MPUD Master Planned Unit Development conditions.
Transportation Impact Fee Credits. (1) Impact Fee Credit - The Credit Receiving Entity shall be eligible for transportation impact fee credits for actual reasonable design, engineering, inspection, permitting, right-of-way acquisition, and construction costs or payment in lieu of such costs for the S.R. 54 Pipeline Project, as detailed in this DA and the TIF Ordinance. Reasonable design, engineering, inspection, permitting, right-of-way acqui- sition, and construction costs shall be determined by the County Administrator or his designee. In no event shall such transportation impact fee credit exceed the lesser of actual construction costs or the estimated construction costs assumed in Exhibit B. For Fiscal Year 2008, the COUNTY agrees to provide impact fee credits equivalent to twenty-five (25) single-family detached units. For Fiscal Year 2009, the COUNTY agrees to provide impact fee credits equivalent to 275 single-family detached units, 30 condominium units, and 21,780 square feet of commercial. The amount of each credit will be determined at the time of application for the Building Permit based upon the impact fee schedule in effect at that time. The issuance of credits shall be limited by the provisions in Section 8.a above and must be in accordance with the TIF Ordinance. The DEVELOPER and/or the Credit Receiving Entity shall, on or before June 1 of each year, provide to the County Administrator or his designee an updated schedule of production for the remainder of the Project. The production schedule must show the number of anticipated units for all residential uses and the anticipated square footage for both commercial and office. In conjunction with the preparation of the COUNTY'S annual CIP budget, the County Administrator or his designee shall, on or before October 1, communicate to the DEVELOPER and/or the Credit Receiving Entity the anticipated number of units that have been included in the CIP budget for the next three (3) fiscal years. Once the DEVELOPER and/or the Credit Receiving Entity has received impact fee credits equal to the expenditures for the two Pipeline Projects, the requirement of updating the production schedule shall be eliminated. In the event the DEVELOPER fails to provide an updated production schedule on or before June 1 of any year, the COUNTY shall not be obligated to communicate, on or before October 1, the results of the CIP budget to the DEVELOPER.
Transportation Impact Fee Credits. Xx. Xxxxxxxx shall receive transportation impact fee credits, allocated to the Retained Parcel, for one hundred percent (100%) of its documented eligible costs, to the extent such costs relate to the planning of the Transportation Improvements and the proportionate share of the Stormwater Pond attributed to accommodating the Transportation Improvements (the “Credits”). Following either (a) the termination of this Agreement pursuant to Section 5(iv), or
Transportation Impact Fee Credits. The Developer shall not be entitled to transportation impact fee credits for the Payments made hereunder or for any previously conveyed right of way contribution.
Transportation Impact Fee Credits. Locust Branch shall be assigned Impact Fee Credits by the County equal to its Actual Costs (as defined in Exhibit “A” attached hereto) in accordance with the Wiregrass Ranch DRI Development Order. All requests and invoices for the assignment of credits shall be submitted to the County at a frequency no greater than monthly and shall be certified by the S.R. 56 Extension’s Project Engineer as being expended for the Actual Costs of Locust Branch in accordance with this Agreement and the Wiregrass Ranch DRI Development Order. Appropriate documentation shall be filed with the certification. To the extent that there are not sufficient Wiregrass Impact Fees Paid or such reimbursement exceeds the limitations set forth in Exhibit “E” so as to not allow for reimbursement of such costs pursuant to subparagraph 5 D above, Impact Fee Credits for approved creditable expenditures of Locust Branch shall be assigned to Locust Branch and shall be assignable by Locust Branch to any owner of property within the Wiregrass Ranch DRI and, when consistent with the applicable provisions of the Impact Fee Ordinance, to others outside the Wiregrass Ranch DRI; provided, however, the use of such Impact Fee Credits to obtain reimbursements from Wiregrass Impact Fees Paid shall be subject to the limitations set forth in Exhibit “E”. Nevertheless, if at any subsequent time there are Wiregrass Impact Fees Paid, then to the extent of such Wiregrass Impact Fees Paid and subject to the limitations set forth in Exhibit “E”, the County shall pay directly to the Trustee a sum equal to the Locust Branch’s previously unused Impact Fee Credits and an equal amount of Locust Branch’s Impact Fees Credits shall be extinguished. Locust Branch will not receive Impact Fee Credits for the cost of utilities constructed within the right-of-way of S.R. 56 to serve the development within the Wiregrass Ranch DRI, but this Agreement shall not preclude Locust Branch or other developers within the Wiregrass Ranch DRI from participating in cost-sharing or utility line upsizing arrangements through separate utility agreements with the County. In any event, the Impact Fee Credits due to Locust Branch pursuant to this paragraph and the reimbursement due to Locust Branch or to the Trustee on its behalf pursuant to subparagraph 5.D. shall not exceed the amount of Impact Fee Credits allowed for the S.R. 56 Extension pursuant to the Wiregrass Ranch DRI Development Order. For any amounts not reimbursed pursuant to Exhibi...
