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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 7, 2014
October 7, 2014 - Regular Meeting
Agenda Item #23


Subject
Assignment of Jung Luck Impact Fee Credit Authorization, CA-03-08(T), to Cypress Creek Investments, LLC, CA-03-08(T)(R)

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-03-08(T), transferring the remaining credit balance to a new Impact Fee Credit Authorization, #CA-03-08(T)(R). 


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-03-08(T) was originally approved by the Board of County Commissioners on September 9, 2003, awarding $661,964.00 in road impact fee credits to Jung Luck for dedication of 3.799 acres of right-of-way for the re-alignment of Kay Road.  At the time of the original impact fee credit authorization, the designated road benefit district was District "C." This district has since been incorporated into Road Benefit District "SE."  

The original owner of this credit, Jung Luck, never utilized it.   On January 5, 2007, he sold property adjacent to the dedicated right-of-way to Cypress Creek Investments, LLC.   In 2010, Cypress Creek contacted Manatee County and requested that the Jung Luck impact fee credit be assigned to them as part of the property sale.   Shortly thereafter, representatives of the estate of Jung Luck, who had since passed away, also contacted the County and requested that the impact fee credit not be assigned to Cypress Creek.

In May 2014, the dispute between these parties was litigated and a Final Judgment was rendered in favor of Cypress Creek.  Staff is therefore requesting that the impact fee credits originally awarded to Jung Luck now be assigned to Cypress Creek.

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 a certified copy 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:  Amended FAC Jung Luck.pdf
Attachment:  New FAC Cypress Creek Investments LLC.pdf
Attachment:  Wms Parker Letter 9-16-2014.pdf
Attachment:  Final Judgment Cypress Creek.pdf