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Wednesday, December 05, 2012 - Regular Planning ... - Polk County

Wednesday, December 05, 2012 - Regular Planning ... - Polk County

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DRAFT<br />

The Oakmont PD includes residential and commercial development<br />

parcels. The Parties agree the overall reimbursement to <strong>Polk</strong> <strong>County</strong> shall<br />

be based on and paid by the Owner as follows:<br />

• Residential development: $ 136.00 per lot or dwelling unit<br />

• Commercial development: $ 509.00 per 1,000 square feet of gross<br />

leasable area<br />

This payment for the residential or commercial development is due at the<br />

time a building permit application is submitted to <strong>Polk</strong> <strong>County</strong> for a<br />

proposed residential or commercial structure. Once <strong>Polk</strong> <strong>County</strong> has<br />

received a total of $150,000.00 from the Owner (or other owner within the<br />

Oakmont PD), <strong>Polk</strong> <strong>County</strong> shall no longer require reimbursement for the<br />

construction of Pine Tree Trail as provided herein.<br />

The above stated payment per lot or dwelling unit is based on 999 lots and<br />

28,000 square feet of gross leasable area, as described in the PD.<br />

Should the number of lots, residential dwellings or commercial area be<br />

modified in any way, the payment shall be adjusted to reflect this change<br />

to insure that <strong>Polk</strong> <strong>County</strong> receives up to but not exceeding $150,000.00<br />

for its construction of Pine Tree Trail, provided, however, <strong>Polk</strong> <strong>County</strong><br />

shall not be obligated to refund Owner any monies whatsoever paid by<br />

Owner to <strong>Polk</strong> <strong>County</strong> prior to such modification.<br />

Owner further agrees that in the event Owner acquires additional property<br />

within the Oakmont PD, such property shall automatically be bound by the<br />

terms of the Development Agreement, as hereby amended, and the<br />

Owner shall be required to pay <strong>Polk</strong> <strong>County</strong> for such additional property in<br />

accordance with this Paragraph 3.6 of the Development Agreement, as<br />

hereby amended.<br />

2.4 Additional Provisions. The following additional provisions are hereby<br />

added to Article III of the Development Agreement:<br />

3.9 Letter of Credit. <strong>Polk</strong> <strong>County</strong> has received and accepted<br />

the Irrevocable Standby Letter of Credit No. 55106191 for $150,000.00<br />

from Regions Bank with <strong>Polk</strong> <strong>County</strong> as the beneficiary of the Letter of<br />

Credit. The Owner may submit building permit applications to <strong>Polk</strong> <strong>County</strong><br />

and <strong>Polk</strong> <strong>County</strong> will issue building permits for residential structures on the<br />

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