§ 4A-27. Memorandum of understanding.

Prior to approval of the petition and creation of any CDA by the Board of Supervisors, the petitioner shall enter into a Memorandum of Understanding with the Board of Supervisors, binding upon and acceptable to both parties, setting forth, at a minimum, the following:

(a)

The business plan of the CDA;

(b)

The level, quality and type of public facilities and/or infrastructure to be included;

(c)

Protections for the benefit of the County with respect to completion of public infrastructure, repayment of debt, incorporation and annexation (if applicable), including without limitation hold harmless/indemnification, bonds, letters of credit, insurance, or other security acceptable to the County;

(d)

Protections for the benefit of individual lot/parcel owners within the CDA's boundaries with respect to claims for additional assessments should their respective assessment be paid or is current, and with respect to any other claims arising from the acts or omissions of the petitioner or petitioner's agents;

(e)

Language to the effect that, if the CDA requests the County to levy a special tax on its property owners, the CDA will pay the County for the costs to levy and collect the special tax and any other on-going administrative costs of the County;

(f)

Provisions under which utilities, roads and other capital improvements constructed by the CDA may be conveyed to the County or other public ownership; and

(g)

Provisions for provision of staff support for the CDA, and for payment of any on-going costs of the County directly related to the CDA.

(Ord. of 6-3-2008(1))

(Ord. of 6-3-2008(1))