§ 102-2. West Fairbanks Avenue Water/Sewer Impact Fee Deferral Program.

There is hereby established, subject to the terms and conditions stated herein, the West Fairbanks Avenue Water/Sewer Impact Fee Deferral Program (the "program").

(1)

Purpose. The purpose of the program is to incentivize economic development, encourage use of city utility service, and provide an incentive to business owners to relocate or expand existing business to the West Fairbanks Corridor.

(2)

Description of the benefit extended to approved applicants. If an applicant is accepted into the program, then the applicant will receive the benefit provided herein with respect to water/sewer impact fees owed. The applicant will only pay 20 percent of the assessed water and sewer impact fees otherwise due in full at the time of permitting, with the remaining 80 percent due to be paid in 24 equal monthly installments, with the first payment due on the date of the issuance of a temporary or final certificate of occupancy, whichever occurs first.

(3)

Eligibility to participate in the program. Eligible participants will include both commercial uses and residential properties, including multi-family uses treated by the city as a commercial use, and businesses within the designated West Fairbanks Avenue district, more particularly described in a map of the West Fairbanks Avenue District, maintained in the city's department of public works, (hereinafter the "West Fairbanks Avenue District"). However, in order to be eligible, the applicant must be assessed at least $1,000.00 in water/sewer impact fees.

(4)

Program requirements.

a.

The applicant must be a business or property owner located in the West Fairbanks Avenue District.

b.

The applicant must be assessed an impact fee of at least $1,000.00 as the result of an assessment issued by the city's water and wastewater department.

c.

The applicant must contract to use city sewer and water service.

d.

The applicant must contract to use city electric service if it is available to the address.

e.

If the property is not located within the City of Winter Park's municipal boundary at the time of application, the applicant must agree to annex into the City of Winter Park.

f.

The applicant must be in good standing with the city, including no outstanding code enforcement prosecutions, fines or liens, and must be current on all outstanding taxes and fees owed to the City of Winter Park at the time of application.

(5)

Application and contract. The city manager or his designee is authorized to develop an application form that is consistent with the requirements of the program, and that is not in conflict with these requirements. The city manager or his designee is also directed to develop in consultation with the city attorney a form contract that each approved applicant must enter as a condition of participating in the program. The requirements for the application and contract shall include the following provisions:

a.

The applicant and the party entering the contract must be an owner or authorized agent on behalf of the property that is participating in the program. If requested by the owner, the tenant may also become a party to the contract.

b.

The application and contract must make provision for the applicant being in good standing with the city with regard to financial and compliance matters.

d.

The application and contract will include provisions for annexation into the City of Winter Park if the property is not currently located within the municipal boundary.

d.

The application and contract will include a binding commitment to use utility service available to the property and to make payments of the utility service in accordance with the requirements of the City of Winter Park and its utility divisions.

e.

The application and contract will have provisions requiring payment of the deferred 80 percent of impact fees, commencing with the receipt of a temporary or final certificate of occupancy, whichever is first, with the balance being paid in 24 equal monthly installments. The applicant will agree to a lien, in the nature of an assessment or enforcement lien, recorded in the event that the applicant defaults in making payments due to the city pursuant to the program.

f.

The city manager is directed to make both the form contract and form application available on the city's website. The city manager shall make provision for promoting the program so that eligible participants are reasonably made aware of the availability of the program for qualified applicants.

g.

The city manager and the mayor are authorized to sign program agreements entered with qualified and approved applicants. The city manager shall make provision for reporting to the city commission the extent of participation in the program and the status and degree of fulfillment of program requirements, including payment of deferred impact fees.

(6)

Municipal discretion. The City of Winter Park has the sole authority to determine eligibility of any applicant pursuant to these program guidelines. The city manager or his designee may make minor procedural changes to the manner in which the program is implemented, but any change made by the city manager or his designee should be reported to the city commission, and no change will be made that is substantive or material in relationship to the overall scope of the program without obtaining prior approval from the city commission. Any material change in the program that deviates from the specific requirements as provided in this section will require an amendment by ordinance.

(7)

Sunset. This is a temporary incentive program and applications will only be accepted through August 1, 2015. This section will sunset on August 1, 2017, unless the program is extended by action of the city commission of the City of Winter Park.

(8)

Additional general conditions.

a.

Impact fee credits only vest equal to the amount of fees actually paid. If the applicant defaults or for any other reason fails to make full payment due, the property will only receive credit for the amount of funds actually collected.

b.

A property that has participated in the program may not be deannexed out of the City of Winter Park, to the fullest extent allowed by law.

(Ord. No. 2968-14, § 2, 7-14-14)