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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 3, 2013
December 3, 2013 - Regular Meeting
Agenda Item #12


Subject
Partial Assignment of University Commons Land Development, LLC, Impact Fee Credit Authorization #CA-04-08(T)

Briefings
None

Contact and/or Presenter Information
Sharla Fouquet
Impact Fee Program Manager
748-4501, Extension 3966

Action Requested
Authorization for Chairman to execute amendment of Impact Fee Credit Authorization #CA-04-08(T), transferring a portion of the remaining credit balance to a new Impact Fee Credit Authorization, #CA-04-08(T)(A).



Enabling/Regulating Authority
MANATEE COUNTY COMPREHENSIVE PLAN 5.1 TRAFFIC CIRCULATION ELEMENT / FUTURE MAJOR ROADWAYS / LAND DEVELOPMENT CODE CHAPTER 8 / IMPACT FEES SECTION 807 / CREDITS

Background Discussion
Chapter 8, Section 807 of the Manatee County Land Development Code provides for authorization by the Board of County Commissioners for Impact Fee Credits for contributions, payments, construction, or dedications made to Manatee County against applicable components of impact fees.

Sections 807.2.2.3. and 807.2.4. of the Manatee County Land Development Code stipulate that impact fee credits may be assigned to any entity and used by the assignee to offset impact fees in the same benefit district as that in which the construction of improvements was made.  Such assignments are to be memorialized by an amendment to the credit authorization, and approved by the Board of County Commissioners of Manatee County.  

Impact Fee Credit Authorization CA-04-08(T) was originally approved by the Board of County Commissioners on July 27, 2004, awarding $1,170,385.45 in road impact fee credits to University Commons Land Development, LLC, for right-of-way dedication and road improvements in the University Commons DRI in southeastern Manatee County.  

As part of a land sale in May 2005, University Commons assigned $15,368.78 in road impact fee credits to Kamco Properties, LLC.  Kamco did not submit the assignment to Manatee County at the time because their plans for commercial development of their newly-acquired property, located on the north side of University Parkway, were stalled by the worsening economy.  

Kamco now plans to develop their property, and would like to finalize the impact fee credit assignment authorized by University Commons.  While the original assignment document has been lost in the intervening years, Kamco has provided the County with a copy thereof, along with a notarized affidavit asserting the legitimacy of the original assignment.  Furthermore, a representative of Grimes, Goebel, Grimes, Hawkins, Gladfelter, & Galvano, PL, University Commons Land Development’s agent, has provided us with:

  • Verification that the assignment was authorized by University Commons;  and,
  • An original Impact Fee Credit Request authorizing that University Commons Land Development’s impact fee credit authorization CA-04-08(T) be reduced by $15,368.78, the amount of the assignment.  
Staff therefore recommends that a new impact fee credit authorization, CA-04-08(T)(A), be established to assign $15,368.78 in road impact fee credit to Kamco Properties, LLC.  The existing impact fee credit authorization, CA-04-08(T), which will remain under the control of University Commons Land Development, will be reduced by the amount of the assignment.

County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records
Please send certified copies of all executed documents to Sharla Fouquet, Financial Management Department (County Administration Building, 9th Floor).

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Univ Commons Assignment 5-6-2013.pdf
Attachment:  UC Impact Fee Cr Request.pdf
Attachment:  Deed UCLD to Kamco.pdf
Attachment:  CA-04-08(T) Amended FAC.pdf
Attachment:  CA-04-08(T)(A) New FAC.pdf