Common use of Transportation Impact Fee Credits Clause in Contracts

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, the DEVELOPER may appeal such decision in a manner consistent with the TIF Ordinance. (3) Notwithstanding the foregoing, the DEVELOPER and/or the Credit Receiving Entity shall not be eligible for impact fee credits or reimbursement for: (a) The Other Required Roadway Improvements (b) The Site-Access Improvements (c) Any internal roadway improvements or right-of-way dedications required by the DO, MPUD Conditions of Approval and/or the Land Development Code. (d) Construction Engineering and Inspection (CEI) expenses in excess of ten (10) percent of the total Pipeline Project cost. (e) Pipeline project costs not specifically set forth in this DA; e.g., financing, insurance, and bonding expenses. In addition, the DEVELOPER and Credit Receiving Entity shall not be eligible for impact fee, Proportionate Share, or reimbursement for impact fees paid prior to the execution of this DA, and the DEVELOPER and Credit Receiving Entity shall not be eligible for impact fee credit for any costs for which the COUNTY has provided a reimbursement pursuant to this DA.

Transportation Impact Fee Credits. (1) Impact Fee Credit - The Credit Receiving Entity shall be eligible for TIF 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 Xxxxx Xxxx 00 Improvement S.R. 54 Pipeline Projects and Pipeline Project No. 4Project, as detailed in this DA and the TIF Ordinance. Reasonable design, engineering, inspection, permitting, right-of-way acquisitionacqui- sition, and construction costs shall be determined by the County Administrator or his designee. In no event shall such TIF transportation impact fee credit exceed the lesser of actual construction costs or the estimated construction costs assumed in Exhibit B 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 this DA (Exhibit G commercial. The amount of each credit will be determined at the DO)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, number of anticipated hotel rooms, number of anticipated ACLF beds, 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 pipeline projectstwo 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 S.R. 54 Pipeline Project shall be submitted to the COUNTY within ninety (90) days of final acceptance by the FDOT for of the S.R. 54 Improvement Pipeline Projects and the COUNTY or FDOT as applicable and if required for Pipeline Project No. 4Project, 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, the DEVELOPER may appeal such decision in a manner consistent with the TIF Ordinance. (3) Notwithstanding the foregoing, the DEVELOPER and/or the Credit Receiving Entity shall not be eligible for impact fee credits or reimbursement for: (a) The Other Required Roadway Improvements. (b) The SiteRight-Access Improvementsof-way donation for Sunlake Boulevard described in Section 4.b(3) of this DA. (c) Any internal roadway improvements or right-of-way dedications required by the DO, MPUD Conditions of Approval and/or the Land Development Code. (d) Site-related intersection improvements. (e) Construction Engineering and Inspection (CEI) expenses in excess of ten (10) percent of the total S.R. 54 Pipeline Project cost. (ef) S.R. 54 Pipeline project Project costs not specifically set forth in this DA; e.g., financing, insurance, and bonding expenses. In addition, the DEVELOPER and Credit Receiving Entity shall not be eligible for impact fee, Proportionate Share, or reimbursement for impact fees paid prior to the execution of this DA, and the DEVELOPER and Credit Receiving Entity shall not be eligible for impact fee credit for any costs for which the COUNTY has provided a reimbursement pursuant to this DA.