Laserfiche WebLink
<br />2 <br />529986v2 JSB TW185-2 <br />the context of this Agreement otherwise requires, or unless such terms are otherwise specifically <br />defined herein. To the extent that any of the terms of this Agreement are in conflict with the <br />Master Development Agreement or the TCAAP Master Plan, the terms of the Master <br />Development Agreement and the TCAAP Master Plan (as defined therein) shall prevail. <br />3. Allocation of Fees. The fees charged by the Joint Development Authority, <br />pursuant to the JPA, shall be imposed, utilized and paid in accordance with the terms of this <br />Agreement. <br />4. Planning Area Charge. <br />(a) As provided in Section 3.7.3 of the JPA, the City shall be entitled to <br />recover the planning costs the City incurred for the cost of the preparation of the AUAR and <br />TCAAP Master Plan in the amount of $500,000. <br />(b) In accordance with Section 3.7.3 of the JPA, the City has developed an <br />equitable formula for the purpose of recovering such costs in the aggregate amount of <br />$500,000.00 by imposing a planning area charge (the “Planning Area Charge”) which has been <br />allocated to the TCAAP Site on the basis of [select one:] [(i) on a per acre basis of a <br />Development Site compared to the developable acreage of the TCAAP Site;] [(ii) a per acre <br />basis on classes of land uses on the TCAAP Site or a Development Site;] [(iii) the value of <br />the proposed development on a Development Site;] [(iv) or other reasonable formula] (the <br />“Cost Recovery Formula”). <br />(c) As a result of the application of the Cost Recovery Formula the Planning <br />Area Charge will be allocated to the Parcel Blocks of the TCAAP Site as set forth in Exhibit A <br />hereto [and then allocated to each Vertical Development therein pro rata on the basis of square <br />footage]. <br />(d) The Planning Area Charge shall be collected by the JDA as provided in <br />each Vertical Developer’s Agreement and transmitted by the JDA to the City. Section 3.9.1 of <br />the JPA provides that any non-allocated costs shall be the responsibility of each Party and the <br />Parties confirm and agree that there are no other City costs to be recovered pursuant to Section <br />3.7.3 of the JPA. <br />5. City Utilities. <br />(a) Pursuant to the terms of the JPA, the City has agreed to design and <br />construct the trunk and sub-trunk water, sanitary sewer, and storm sewer utilities (the “City <br />Utilities”) necessary to deliver public utilities to the TCAAP Site. The County has agreed to <br />undertake the design and construction of the City Utilities, as further set forth in Article IV of the <br />MDA, and further agrees to undertake the initial financing thereof; provided that the City shall <br />remain responsible for paying the costs thereof, through City SAC and City WAC fees as paid to <br />the JDA, as provided herein. The Parties agree that the Public Improvements will be designed, <br />bid and constructed as provided in Article IV of the MDA which is incorporated by reference as <br />if fully set forth in this Agreement, including without limitation, City’s right to participate in the <br />design and planning of the City Utilities provided in Section 4.2(e) of the MDA.