Ordinance 2005-230 - Laserfiche WebLink

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developers of development rights and shall be retroactive to all TDR transactions. .u(i) _A fee shall be established by resolution to be paid by the depositor or purchaser for each transaction. (~H) _The TDR Bank Statement attached as Exhibit "A" to each City Commission resolution authorizing the TDR'sTDRs and the deposit or withdrawal of development rights -shall reflect approved sites and the units ofTDR'sTDRs attributable to each site. The TDR Bank Statement shall be amended administratively and dated each time transfers are made in accordance with this Sectionsection. (Jffi) 'Nith respect to a purchase of TDRs from a priyately o'Nned, pre'/iously approyed Sender Site (as opposed to the portiofl of City owned TDRs), a A purchaser may withdraw sai4-TDRs from the--a private TDR Bank pursuant to the original City Commission approval of a Receiver and Sender Site. The adoption of this withdrawal and transfer resolution is ministerial and may not be withheld by the City Commission in accordance with this section unless the terms and conditions of the original approvals have not been met (or otherwise waived) or the City has not received a written and notarized authorization from the owner of the Sender Site (and seller of all TDRs severed therefrom) and an indemnification and hold harmless of the City from both seller and purchaser as to any and all claims that may arise between the private parties as a result of such transaction. With respect to a purchase of TDRs from the City, a purchaser may withdraw same-=from the TDR Bank pursuant to a City Commission resolution issued by the City Commission in its sole discretion in accordance with this Section. b. _Time Limitations on Private TDR Transactions. All development rights from an approved privately:-owned Sender Sites conveyed to the City shall be deposited in the TDR Bank as provided in this subsection. Withdrawals of TDRs from the TDR Bank must occur no later than five (5) years from the date of the City Commission action approving the applicable .s.sending .s.site in accordance with Section 265-23.3-(c)(~Q) hereinabove. Each depositor at time of initial deposit, shall execute a written waiver of its rights, if any, to assert any claim to those development rights except as specifically permitted by the terms of this Ordinance. All requirements of this Section shall be met prior to the actual transfer (withdrawal) of development rights from the TDR Bank. 02001 218 .^.ma TDRs 8ee. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 16 2nd Rdg.docU:\u\TTORNEY\:'.ssicFlffieHts\2005\.^.05 ReyisioHS to OrdiHaflee No 2001 218 (TDR OfaiRooeel\w02 TDRamendederdiniaace eaanges 5 9 05 8hellev.deeC:\Deeuments and 8ettings\shelley\Leeal 8ettiH~s\Teffil3orary Internet Files\OLK98\w02 TDRameRaedordiRiance changes 5 905.aeeU:\ATTOID-IBY\AssigHmeats\2QQ5\u^.05 Revisions te OrdiRance tIe 2001 218 (TDR On;liRanee)\'.v02 TDR-amendederdiniaHee enaHges HIW 5 5 05.deeC:\Decumerrts and Setting:s\Home 1 \My Dee~~meflts\Snelley\TDRameRdedordifliaflce enanges.doc