Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 27, 2013
REVISED August 27, 2013 - Regular Meeting
Agenda Item #11

Approval of Settlement Agreement and Transportation Impact Fee Credit Authorizations for The Ridge at Crossing Creek (Creekwood DRI).


Contact and/or Presenter Information

William Clague, Assistant County Attorney, ext. 3750.

Action Requested

I move to approve the settlement agreement and to authorize the chairman to execute the settlement agreement and credit authorizations CA-03-02-T(R3) and CA-03-03-T(R3).

Enabling/Regulating Authority

Sections 125.01 and 163.31801, Florida Statutes; Chapter 8, Manatee County Land Development Code.

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 the impact fees.

On September 4, 2008, the Board of County Commissioners authorized transportation impact fee credits previously approved for right-of-way and road construction for the construction of Creekwood Boulevard.  One of the developers seeking credits, Centex Homes, requested a total of $2,249,972.15 in credit for having constructed both sections of Creekwood Boulevard.  Centex’s credits were divided between 2 separate impact fee credit authorizations:

            CA-03-02(T)(R)(2A)                  $785,192.98

            CA-03-03(T)(R)(2A)                  $1,464,779.17

A portion of the credits sought by Centex were based upon written assignments from Mobley Homes, which Mobley Homes later disputed, based in part on the alleged failure of Centex to obtain assignments from another related developer, HHUS.  $311,515.51 in road construction credits (the “Unresolved Credits”) were disputed, divided between the two separate credit authorizations as follows:

            CA-03-02(T)(R)(2B)                  $75,867.27

            CA-03-03(T)(R)(2B)                  $235,648.24

Based upon advice from the CAO, County staff placed an administrative hold upon the Unresolved Credits, pending resolution of the dispute.

In 2011, Centex filed suit against the County seeking a writ of mandamus to mandate that the County release the Unresolved Credits.  On September 26, 2012, HHUS and Centex executed an Assignment and Assumption Agreement and Conveyance (the “HHUS Assignment”), wherein HHUS assigned any interest it had to the Unresolved Credits, and provided the County with copies of the HHUS Assignment. Centex has also executed a settlement agreement pursuant to which Centex will indemnify the County against any claims brought by Mobley Homes as a result of the award of the Unresolved Credits.

As a result of the HHUS Assignment and the settlement agreement, the CAO has advised staff that the dispute related to the Unresolved Credits has been resolved to the extent required pursuant to Chapter 8 of the County’s Land Development Code. Therefore, the CAO recommends that the Board approve and execute the settlement agreement and award the Unresolved Credits to Centex pursuant to CA-03-02-T(R3) and CA-03-03-T(R3).

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

CAO Item

Reviewing Attorney

Instructions to Board Records

Provide one executed original of the Settlement Agreement to William Clague, Assistant County Attorney; Provide executed copies of CA-03-02-T(R3) and CA-03-03-T(R3) to Sharla Fouquet, Impact Fee Program Manager, Manatee County Financial Management Department (sharla.fouquet@mymanatee.org).

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Centex Settlement Agreement.pdf
Attachment:  Amended FAC CA-03-02-T(R3).pdf
Attachment:  Amended FAC CA-03-03-T(R3).pdf