§ 2-212. Termination of developer’s agreements.

(a)

Developer’s agreements subject to this section. For purposes of this section only:

(1)

A developer’s agreement is an agreement between the city, on the one hand, and an owner or developer of real property on the other hand, both: containing the standards and conditions that will govern development of the property; and requiring certain action by the developer or city all of which has been completed. A developer’s agreement may include, without limitation:

a.

A proportionate fair-share agreement entered into pursuant to section 86-10 of this Code.

b.

A developer’s agreement entered into in connection with a plat under chapter 114 of this Code.

c.

A developer’s agreement entered into pursuant to chapter 122 of this Code.

d.

An agreement concerning the provision of water or sewer to the real property, and the obligations of the owner or developer to construct improvements in connection therewith.

e.

An agreement pursuant to which an owner or developer agrees to annex property into the municipal limits of the city.

(2)

Notwithstanding subsection (a)(1) of this section, a developer’s agreement shall not include:

a.

A development agreement entered into pursuant to the Florida Local Government Development Agreement Act (currently codified in Sections 163.3220 through 163.3243, F.S.).

b.

An agreement that imposes restrictions upon the use of property or requires action to protect other properties (including those containing provisions substantially similar to those set forth in subsection (f) of this section).

(b)

Authority for termination.

(1)

The city manager is authorized to terminate developer’s agreements pursuant to the provisions set forth in this section, when the city manager determines that the acts required by the developer’s agreement have been performed and that there is no longer any necessity for the developer’s agreement.

(2)

Examples of such circumstances include, without limitation:

a.

For purposes of a proportionate fair-share agreement entered into pursuant to section 86-10 of this Code, when a developer has paid all fair-share contributions, and received the benefit of all capacity reservations.

b.

For purposes of a developer’s agreement entered into pursuant to chapter 114 of this Code, when the subdivision improvements required to be constructed therein, have been constructed, maintained, and dedicated or conveyed to the city, to the extent required by the agreement.

c.

For purposes of a developer’s agreement entered into pursuant to chapter 122 of this Code, when improvements required to be constructed therein have been constructed, maintained and dedicated or conveyed to the city, to the extent required by the agreement.

d.

For purposes of a developer’s agreement concerning the provision of water or sewer service to property, when the water or sewer service has been provided, and the improvements therefore have been constructed, maintained, and dedicated or conveyed to city, to the extent required by the agreement.

e.

Concerning an agreement to annex property, when the property has been annexed.

(c)

Procedure. Upon request of city staff or an owner or developer of real property (including a successor in title to the original owner or developer that was a party to the developer’s agreement), that a developer’s agreement be terminated under this section, the city manager shall:

(1)

Request appropriate city staff to review the developer’s agreement to determine whether it should be terminated under this section.

(2)

Request the city attorney to review the developer’s agreement to determine whether it should be terminated under this section, and whether there are any provisions thereof that should be preserved for the benefit of the city, or the owner or developer.

(d)

Form of termination.

(1)

If the city manager determines the developer’s agreement should be terminated under this section, the city manager shall direct the city attorney to prepare the appropriate document terminating the developer’s agreement.

(2)

Such document may terminate the developer’s agreement in whole or in part, and may reserve, for the benefit of the city, owner or developer, certain provisions of the developer’s agreement (including, without limitation, those that concern the conveyance or dedication of property to the city).

(3)

The city manager and city attorney may thereafter execute the document terminating the developer’s agreement, and the city clerk shall attest such document and record it in the public records.

(e)

No further action by city council required. The execution of a document terminating a developer’s agreement under this section shall constitute approval of the document pursuant to section 2.01(d) of the City Charter, as if executed by the city council president, and it is not necessary that city council further approve the document or that it be executed by the city council president.

(f)

Limitations. No termination of a developer’s agreement under this section shall be effective to terminate any provision of a developer’s agreement:

(1)

Restricting or limiting the use or development of property; or

(2)

Imposing requirements concerning lot sizes, setbacks, buffers, landscaping, open space, tree preservation, signage, drainage, access, traffic, services/utilities, type/size/height/design of units, price range, legal description, boundary survey, maintenance agreement, statement of unified control, ownership and deed requirements, parking, density, and timeframes/phasing for the use or development of property, or other provisions designed to protect adjacent properties or otherwise insure compatible development.

(g)

Not exclusive. The provisions of this section are not intended to be the exclusive means of terminating a developer’s agreement. Thus, nothing set forth herein shall preclude termination of the developer’s agreement by city council.

(Ord. No. 2012-49, § 1, 9-4-12)