The County’s Obligations. The County shall: a. Accept the Alternative Site. b. Prepare warranty deed(s) for the Alternative Site and obtain a title opinion, if required. The warranty deed shall include a deed restriction limiting the use of the Alternative Site to public community park use and/or a public library/community center. c. Present the warranty deed for the Alternative Site to PCI for execution no sooner than 120 days after finalization of the boundary of the Alternative Site. d. Deliver to PCI the form(s) for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used. e. Maintain a ledger reflecting the availability of the Credit. f. Require that, in connection with payment of Future Park Impact Fee obligations, when a Credit Voucher from PCI, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to PCI, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Future Park Impact Fee obligations due. g. Not be responsible for determining whether any particular Credit Voucher is valid as between PCI or any transferee or its successor, as applicable, for any development, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 6 below who is authorized to execute the Credit Voucher for any particular development at the time any Future Park Impact Fee obligation is otherwise due. h. Periodically, PCI may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, PCI believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, PCI may notify the County of its objection to such Credit Voucher(s). Upon receipt of a PCI objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which PCI objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s). i. The County may accept a monetary payment by an applicant for Park Impact Fee obligations due for New Construction, or, where no applicable Credit Voucher is presented from PCI, a transferee, or a successor. Any such payment is non-refundable. j. In the event that the Credit established under Section 3.a. is exhausted, advise PCI in writing of said occurrence.
Appears in 2 contracts
Sources: Donation Agreement, Donation Agreement
The County’s Obligations. The County County, through its Mobility Fee Coordinator, shall:
a. Accept the Alternative Site.
b. Prepare warranty deed(s) for the Alternative Site and obtain a title opinion, if required. The warranty deed shall include a deed restriction limiting the use of the Alternative Site to public community park use and/or a public library/community center.
c. Present the warranty deed for the Alternative Site to PCI for execution no sooner than 120 days after finalization of the boundary of the Alternative Site.
d. Deliver to PCI the form(s) DFC a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors successor of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used.
e. b. Maintain a ledger reflecting the availability use of the Credit.
f. c. Require that, in connection with payment of Future Park Impact Mobility Fee obligations, when a Credit Voucher from PCIDFC, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to PCIDFC, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Future Park Impact Mobility Fee obligations due.
g. d. Not be responsible for determining whether any particular Credit Voucher is valid as between PCI DFC or any transferee or its successor, as applicable, for any developmentNew Construction, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 6 5 below who is authorized to execute the Credit Voucher for any particular development New Construction at the time any Future Park Impact Mobility Fee obligation is otherwise due.
h. e. Periodically, PCI DFC may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, PCI DFC believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, PCI DFC may notify the County of its objection to such Credit Voucher(s). Upon receipt of a PCI DFC objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which PCI DFC objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s).
i. f. The County may accept a monetary payment by an applicant for Park Impact Mobility Fee obligations due for New Construction, or, Construction where no applicable Credit Voucher is presented from PCIDFC, a transferee, or a successor. Any such payment is non-refundable.
j. In g. Accept the event that completed Cheswick Oaks Avenue Extension Construction thereof for maintenance, subject to the Credit established under Section 3.a. is exhausted, advise PCI requirements for guarantees and performance bonds in writing Article IX of said occurrencethe County’s Land Development Regulations.
Appears in 1 contract
Sources: Mobility Fee Credit Agreement
The County’s Obligations. The County County, through its Mobility Fee Coordinator, shall:
a. Accept the Alternative Site.
b. Prepare warranty deed(s) for the Alternative Site and obtain a title opinion, if required. The warranty deed shall include a deed restriction limiting the use of the Alternative Site to public community park use and/or a public library/community center.
c. Present the warranty deed for the Alternative Site to PCI for execution no sooner than 120 days after finalization of the boundary of the Alternative Site.
d. Deliver to PCI the form(s) Developer a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used.
e. b. Maintain a ledger reflecting the availability of the Credit.
f. c. Require that, in connection with payment of Future Park Impact Mobility Fee obligations, when a Credit Voucher from PCIDeveloper, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to PCIDeveloper, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Future Park Impact Mobility Fee obligations due.
g. d. Not be responsible for determining whether any particular Credit Voucher is valid as between PCI Developer or any transferee or its successor, as applicable, for any development, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 6 4 below who is authorized to execute the Credit Voucher for any particular development at the time any Future Park Impact Mobility Fee obligation is otherwise due.
h. e. Periodically, PCI Developer may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, PCI ▇▇▇▇▇▇▇▇▇ believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, PCI Developer may notify the County of its objection to such Credit Voucher(s). Upon receipt of a PCI Developer objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which PCI Developer objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s).
i. f. The County may accept a monetary payment by an applicant for Park Impact Mobility Fee obligations due for New Construction, or, where no applicable Credit Voucher is presented from PCIDeveloper, a transferee, or a successor. Any such payment is non-refundable.
j. g. In the event that the Credit of Developer established under Section 3.a2. is exhausted, advise PCI Developer in writing of said occurrence.
Appears in 1 contract
Sources: Mobility Fee Credit Agreement
The County’s Obligations. The County County, through its Mobility Fee Coordinator, shall:
a. Accept the Alternative Site.
b. Prepare warranty deed(s) for the Alternative Site and obtain a title opinion, if required. The warranty deed shall include a deed restriction limiting the use of the Alternative Site to public community park use and/or a public library/community center.
c. Present the warranty deed for the Alternative Site to PCI for execution no sooner than 120 days after finalization of the boundary of the Alternative Site.
d. Deliver to PCI the form(s) ▇▇▇▇▇▇▇▇ a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors successor of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used.
e. b. Maintain a ledger reflecting the availability use of the Credit.
f. c. Require that, in connection with payment of Future Park Impact Mobility Fee obligations, when a Credit Voucher from PCI▇▇▇▇▇▇▇▇, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to PCI▇▇▇▇▇▇▇▇, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Future Park Impact Mobility Fee obligations due.
g. d. Not be responsible for determining whether any particular Credit Voucher is valid as between PCI ▇▇▇▇▇▇▇▇ or any transferee or its successor, as applicable, for any developmentNew Construction, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 6 4 below who is authorized to execute the Credit Voucher for any particular development New Construction at the time any Future Park Impact Mobility Fee obligation is otherwise due.
h. e. Periodically, PCI ▇▇▇▇▇▇▇▇ may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, PCI ▇▇▇▇▇▇▇▇ believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, PCI ▇▇▇▇▇▇▇▇ may notify the County of its objection to such invalid or improperly processed Credit Voucher(s). Upon receipt of a PCI ▇▇▇▇▇▇▇▇ objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such invalid or improperly processed Credit Voucher(s). If the County determines that the Credit Voucher(s) to which PCI ▇▇▇▇▇▇▇▇ objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s).
i. f. The County may accept a monetary payment by an applicant for Park Impact Mobility Fee obligations due for New Construction, or, Construction where no applicable Credit Voucher is presented from PCI▇▇▇▇▇▇▇▇, a transferee, or a successor. Any such payment is non-refundable.
j. In g. The County is obligated to prepare and deliver a plat of the event that the Credit established under Section 3.a. is exhaustedRight of Way to ▇▇▇▇▇▇▇▇ on or before April 30, advise PCI in writing of said occurrence2022.
Appears in 1 contract
Sources: Mobility Fee Credit Agreement
The County’s Obligations. The County County, through its Mobility Fee Coordinator, shall:
a. Accept the Alternative Site.
b. Prepare warranty deed(s) for the Alternative Site and obtain a title opinion, if required. The warranty deed shall include a deed restriction limiting the use of the Alternative Site to public community park use and/or a public library/community center.
c. Present the warranty deed for the Alternative Site to PCI for execution no sooner than 120 days after finalization of the boundary of the Alternative Site.
d. Deliver to PCI the form(s) Cheswick a form for the Credit Voucher to be utilized in the administration of this Agreement that provides for the identification of the transferee or its successors successor of any Credit, the dollar amount of the Credit transferred, and a legal description of the lands within which the Credit may be used.
e. b. Maintain a ledger reflecting the availability use of the Credit.
f. c. Require that, in connection with payment of Future Park Impact Mobility Fee obligations, when a Credit Voucher from PCICheswick, a transferee, or its successor, as applicable, stating the dollar amount of the Credit transferred is presented to the County, the County shall deduct the amount of the Credit Voucher from the balance of the Credit then available to PCICheswick, a transferee, or its successor, as applicable; and issue such documentation as is necessary to reflect the amount credited against those Future Park Impact Mobility Fee obligations due.
g. d. Not be responsible for determining whether any particular Credit Voucher is valid as between PCI Cheswick or any transferee or its successor, as applicable, for any developmentNew Construction, and shall accept any Credit Voucher on the applicable form and signed by the person(s) identified pursuant to Section 6 5 below who is authorized to execute the Credit Voucher for any particular development New Construction at the time any Future Park Impact Mobility Fee obligation is otherwise due.
h. e. Periodically, PCI ▇▇▇▇▇▇▇▇ may request from the County the opportunity to inspect and copy Credit Vouchers accepted by the County. If, based on its inspection of such Credit Vouchers, PCI ▇▇▇▇▇▇▇▇ believes that the County has accepted an invalid Credit Voucher(s) or has otherwise processed a Credit Voucher(s) improperly, PCI Cheswick may notify the County of its objection to such Credit Voucher(s). Upon receipt of a PCI Cheswick objection, the County shall make any necessary adjustments to the County’s ledger and take whatever steps lawfully available to the County to withhold, suspend, or revoke any permits, plans, or other approvals issued based upon the acceptance of such Credit Voucher(s). If the County determines that the Credit Voucher(s) to which PCI Cheswick objected is valid and was processed properly, then the County may restore any permits, plans, or approvals issued based upon the acceptance of such Credit Voucher(s).
i. f. The County may accept a monetary payment by an applicant for Park Impact Mobility Fee obligations due for New Construction, or, Construction where no applicable Credit Voucher is presented from PCICheswick, a transferee, or a successor. Any such payment is non-refundable.
j. In g. Accept the event that completed Cheswick Oaks Avenue Extension Construction thereof for maintenance, subject to the Credit established under Section 3.a. is exhausted, advise PCI requirements for guarantees and performance bonds in writing Article IX of said occurrencethe County’s Land Development Regulations.
Appears in 1 contract
Sources: Mobility Fee Credit Agreement for Roadway Construction