Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 29, 2014
REVISED July 29, 2014 - Regular Meeting
Agenda Item #27

Partial Assignment of Creekwood Estates, LLC, Impact Fee Credit Authorization #CA-03-02(T)(R)


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-03-02(T)(R), transferring a portion of the remaining credit balance to a new Impact Fee Credit Authorization, #CA-03-02(T)(R4).

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-03-02(T)(R) was originally approved by the Board of County Commissioners on August 23, 2005, awarding $190,800.00 in road impact fee credits to Creekwood Estates, LLC, for right-of-way dedication in the Creekwood DRI in southeastern Manatee County.  As part of a land sale in June 2013, Creekwood Estates assigned $114,434.87 in road impact fee credits to D R Horton. 

Creekwood Estates and D R Horton have provided the County with a notarized assignment document authorizing the transfer of these credits from the former to the latter.  Staff therefore recommends that a new impact fee credit authorization, CA-03-02(T)(R4), be established to assign $114,434.87 in road impact fee credit to D R Horton.  The existing impact fee credit authorization, CA-03-02(T)(R), which will remain under the control of Creekwood Estates, 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

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

Amount and Frequency of Recurring Costs

Attachment:  Amended FAC Creekwood Estates.pdf
Attachment:  New FAC D R Horton.pdf
Attachment:  Assignment Creekwood to Horton.pdf