Item No:††††††† ††††††††††† 5A.
Meeting Date:†††††††††† June 24, 2013
From:††††††††††††††††††††††††† Bill Wiley, AICP, Community Development Director†††††††††††
Subject:††††††††††††††††††††† Resolution approving rescission of Developerís Agreement with Michel and Susan Bruner
Staff Recommendation: †††††
Staff recommends adoption of a resolution rescinding the Developerís Agreement entered into between the City of Leesburg, and Michael and Susan Bruner, pertaining to the development of real property at the corner of U.S. Highway 441 and Fern Drive.
On April 24, 2000, the City entered into a Developerís Agreement with Michael and Susan Bruner for the purpose of specifying parameters for the use and development of real property at the corner of U.S. Highway 441 and Fern Drive owned by the Brunerís at the time,. The agreement specified and restricted the use of the property. Branch Banking and Trust now owns the property which is under contract to MD Expansion, LLC, who wishes to utilize it for a medical office complex which would not be allowed under the terms of the agreement. Doctor Chang has filed an application asking the City to rescind the agreement so the property can be used for a medical office complex, and has concurrently filed an application for land use approval for the office complex, which has been recommended for approval by the Planning Commission. Rescission of the agreement will allow Dr. Chang to develop the property into a professional office complex which will add to the tax base of Leesburg and potentially create additional employment.
1.† Approve a resolution rescinding the Developerís Agreement.
2.† Such alternative action as the Commission may deem appropriate
Fiscal Impact:† No direct impact, potential increase in ad valorem tax base once the property is developed for office purposes.
Department: __Community Development
Prepared by: Fred Morrison and Bill Wiley ______________________†††††††††††††††††††††
Attachments:†††††††† Yes__X__†† No ______
Advertised:†† ____Not Required ______†††††††††††††††††††††
Attorney Review :†††††† Yes_X_† No ____
Reviewed by: Dept. Head ___BW_____
Finance† Dept. __________________††††††††††††††††††††††††††††††††††† †
Deputy C.M. ___________________††††††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††††††††††††
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
RESOLUTION NO. ††††††††††††††††††††††
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, PERTAINING TO A PRIOR DEVELOPER'S AGREEMENT BETWEEN THE CITY OF LEESBURG AND MICHAEL AND SUSAN BRUNER, RELATED TO PROPERTY NOW OWNED BY BRANCH BANKING AND TRUST, TO BE ACQUIRED BY MD EXPANSION, LLC, AT THE CORNER OF U.S. HIGHWAY 441 AND FERN DRIVE, FOR THE PURPOSE OF RESCINDING THE DEVELOPER'S AGREEMENT BASED ON AN APPLICATION FOR RESCISSION FILED BY KHAI CHANG WHICH HAS BEEN ASSIGNED TO MD EXPANSION, LLC, SO AS TO PERMIT THE USE AND DEVELOPMENT OF THE SUBJECT PROPERTY FOR PURPOSES OTHER THAN THOSE SPECIFIED IN THE DEVELOPERíS AGREEMENT, AND PROVIDING AN EFFECTIVE DATE.
†††† WHEREAS, on or about April 24, 2000, the City of Leesburg entered into a Developerís Agreement with Michael and Susan Bruner, pertaining to certain real property described therein, specifying permitted uses and imposing development conditions, and
††††††††††† WHEREAS, the property in question is now owned by Branch Banking and Trust, and is soon to be acquired by MD Expansion, LLC, who desires to use it for purposes other than those permitted in the Developerís Agreement, who has filed for approval to use the property for those different purposes, and who has applied to the City seeking rescission of the Developerís Agreement, and
††††††††††† WHEREAS, it is in the best interests of the health and welfare of the citizens of Leesburg that the property be put to productive use and to facilitate that goal by setting aside the Developerís Agreement,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
††††††††††† THAT the Developerís Agreement between the City of Leesburg, and Michael and Susan Bruner, dated on or about April 24, 2000, is hereby rescinded and shall no longer restrict or affect the development of the property described in it, now owned by Branch Banking and Trust and to be acquired and developed by MD Expansion, LLC.
THIS RESOLUTION shall take effect upon its passage and adoption according to law.
††††††††††† PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the †††† _24th†† day of ††††††††††† June__, 2013.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† THE CITY OF LEESBURG, FLORIDA
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† BY: ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††
††††††††††† CITY CLERK