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.
(2) To receive impact fee credit or reimbursement, all requests and invoices for the pipeline projects shall be submitted to the COUNTY within ninety (90) days of final acceptance by the FDOT for the S.R. 54 Improvement Pipeline Projects and the COUNTY or FDOT as applicable and if required for Pipeline Project No. 4, or for amounts under dispute, no later than ninety (90) days after the conclusion of the dispute. All requests and invoices for credits or reimbursements shall be submitted to the COUNTY at a frequency no greater than monthly. Impact fee credits or reimbursements shall be issued to the Credit Receiving Entity. Should there be any amounts denied for reimbursement or credit...
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. 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. 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. Applicants for a development permit shall comply with CITY’s Multi-Modal Transportation Impact Fee ordinances and user fees, and concurrency management requirements and shall comply with Polk County impact fee schedules collected by CITY.
A. Off-site Road Improvements Construction Costs. DEVELOPER shall pay for engineering and construction costs associated with the aforesaid Off-site Road Improvements as set forth herein (hereinafter referred to as the "Off-site Road Improvements Construction Costs").
B. DEVELOPER and CITY agree that (i) the total cost of the engineering and Off-site Road Improvements Construction Costs is:
x. Xxxxxx Road Improvements (Exhibit “C”) $1,577,793.45 b. Engineering Fees (Exhibit “C”) $20,000.00 and (ii) that CITY shall provide Multi-Modal Transportation Impact Fee credits to DEVELOPER for the Off-site Road Improvements Construction Costs in an amount not to exceed the Impact Fee Credit Amount. The Impact Fee Credit Amount, which shall exclude any costs associated with Post Xxxxxx Road, shall be comprised of the following components:
i. Engineering Fees which include engineering, surveying, and geotechnical, environmental and permitting fees for the design of all the Off-site Road Improvements; and
ii. Off-site Road Improvements Construction Costs.
C. DEVELOPER'S Payment of Multi-Modal Transportation Impact Fees. DEVELOPER shall be entitled to use its Multi-Modal Transportation Impact Fee credits to offset applicable Multi-Modal Transportation Impact Fees up to the Impact Fee Credit Amount, and shall thereafter pay the CITY for any additional Multi-Modal Transportation Impact Fees due on remaining lots in the Xxxx Club Grove project.
D. Changes to Scope of Off-site Road Improvements. The parties expressly acknowledge and agree that any proposed modification, revision or addition to the scope of the Off- site Road Improvements (as set forth herein) shall constitute a material change to this Agreement. If DEVELOPER wishes to make a material change to the scope of the Off-site Road Improvements after the effective date of this Agreement, then DEVELOPER shall promptly submit to CITY a written cost estimate therefor. No such request shall be binding on CITY unless and until it has been agreed to in a Change Order signed by both the Director of Development Services of CITY and DEVELOPER. Any such change to the scope of the Off-site Road Improvements (as set forth in the Change Order) shall be governed by the terms and conditions of th...
Transportation Impact Fee Credits. County and Owner agree that in accordance with Section 163.3180(5)(h)(2)(e), Florida Statutes, as may be amended, Owner shall 124 receive a credit on a dollar for dollar basis for impact fees, paid or payable in the future for the Project in an amount up to but not exceeding the PS Payment as specifically described in Exhibit 126 “C”. County further agrees that such credits may be applied on a dollar for dollar basis against capacity reservation fees at such time as capacity reservation fees may be required to be paid by 128 Owner in connection with the issuance of a Capacity Reservation Certificate as contemplated in Section 2 above. In no event shall Owner receive credits in excess of the PS Payment and in the 130 event the PS Payment exceeds either the applicable transportation impact fees or capacity reservation fees, as the case may be, Owner shall not be entitled to a refund for the amount of the 132 PS Payment in excess of such transportation impact fees or capacity reservation fees. For avoidance of doubt, nothing herein is intended to, nor shall, constitute prepayment of any densities 134 and/or intensities of development or of any development program.
Transportation Impact Fee Credits. Because the additional concurrency proportionate share payments and right of way contributions required by this DA represent the estimated lost concurrency proportionate share revenue to the County in excess of transportation impact fees, the Developer shall not be entitled to transportation impact fee credits for the additional concurrency proportionate share payments and right of way contribution identified in paragraph 4.b., 4.c., and 4.e. above.
Transportation Impact Fee Credits. County and Owner agree that Owner
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.
