6/6/1995 - Laserfiche WebLink

Home Browse Search

800X"95 ME-3 Director Boling next highlighted the changes in the agreement on transportation impact fees and credits: hereto and incorporated herein as Exhibit "C". Based upon the estimated transportation impact fee credit amount of $1,907,531 and estimated contingencies indicated in Exhibit "C", and applying the credit and estimated contingencies amounts toward the gross leasable area of the Mall and the gross floor. area of the Shopping Center and Peripheral Development, the County hereby determines that 1,397,000 square feet of gross leasable area and gross floor area are vested for initial concurrency through December 31, 1999. 5. The County acknowledges that the Developer requires that all Users within the Development shall pay transportation impact fees prior to issuance of any building permits to such Users, for buildings, areas, spaces or land to be utilized by such Users. In no event shall the County issue building permits to any such Users until such transportation impact fees have been paid by such Users. For Users within the Mall and the Shopping Center, evidence shall be provided which confirms that the provisions set forth in Exhibit "D" have been. included in such Users' leases or contracts or I therwise provided in writing to such Users prior to such Users -making application for building permits. Upon receipt of such transportation impact fees from Users within the Development, the County will forward an -equal amount, less administrative costs of .$100.00 per transaction, to Developer within 30 days of receipt. Once the applicable transportation impact fee has been paid by a User, and forwarded, less administrative costs, to the Developer, no further transportation impact fees shall be assessed upon the subject space,'area or land under this mechanism. This mechanism shall be available to the Developer until such time that all of the Developer's transportation impact fee credits granted pursuant to the Development Order, as amended, and applicable provisions of the Impact Fee Ordinance, have been paid back to the Developer through this mechanism. Notwithstanding anything herein to the contrary, the Developer shall have the option of directing the County not to require such payments of transportation impact fees from individual Users, but instead to apply such fees in favor of Users of other buildings, spaces, areas or land within the Development. In no event shall the County allow any Users to utilize any of the Developer's trandportation impact fee credits without the prior written approval of the Developer. Developer shall hold the County harmless from any and all costs as a result of claims by Users, including attorneys fees, or Developer's loss of anticipated revenues from impact fee reimbursements, which may be incurred by or during actual implementation of this agreement. Chairman Macht asked if in the event of default by the tenant the developer would be responsible for the payment of impact fees, and Commissioner Bird explained that the developer is paying the impact fees up front. This speaks to the reimbursement, so we are protected. Director Boling explained that the agreement states that the developer is going to get credit for constructing improvements and paying the impact fees up front. Chairman Macht understood then that there is no way the County is going to lose money, and Director Boling confirmed that to be 34 June, 6 1995 us