www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - December 17, 2013
REVISED December 17, 2013 - Regular Meeting
Agenda Item #25


Subject
44th Avenue East Project (15th Street East to 19th Street Court East), Manasota Industrial Park Owners Association, Inc. - Withdrawl of County-owned Lots 2 and 3 from the Declaration of Covenants, etc.

Briefings
None

Contact and/or Presenter Information

Margaret Daniell, Interim Manager, Property Acquisition Division, Ext. 3009

Paul Johnson, Real Property Specialist, Property Acquisition Division, Ext. 6284



Action Requested

Authorization for the payment of $35,000 to Manasota Industrial Park Owners Association, Inc. (the "Association"), to compensate the Association for the loss in park association assessment income that will result in the permanent withdrawal of Lots 2 and 3 from the terms and conditions of the Association's Declaration of Covenants, Conditions, and Restrictions.



Enabling/Regulating Authority

Chapters 73, 74, and 127, Florida Statutes



Background Discussion

Manatee County previously acquired Lots 2 and 3, Block D, MANASOTA INDUSTRIAL PARK, PHASE A (" the Property"), from El Rancho Partners Ltd., a Florida limited partnership, and Mike Carter I, Inc., a Florida corporation, debtor-in-possession, by negotiated sale and purchase.  The Property is located within the Manasota Industrial Park and is subject to the Declaration of Covenants, Conditions, and Restrictions of Manasota Industrial Park.  The Property was acquired for floodplain mitigation ponds for the 44th Avenue East Project (15th Street East to 19th Street Court East).

The Association invoiced the County $3,482.80 for its portion of the Association fees for the Property for fiscal year 2013 - 2014.  Since the Property will be used for a public purpose, the County requested that it be withdrawn from the Declaration pursuant to Section 2.2(c) of Article II of the Covenants, and no longer be subject to the terms and conditions of the Declaration, which includes being released from the obligation to pay yearly association fees to the Association.   

As a result of negotiations, a settlement was reached with the Association in the amount of $35,000 to permanently remove the Property from the terms and conditions of the Declaration of Covenants, Conditions, and Restrictions for Manasota Industrial Park. 

Section 2.2(c) of Article II of the Covenants requires that a vote of the Owners be held by the Association and that the affirmative written consent or vote of the Association's Owners of at least 66% of all of the votes of the Association consent to the withdrawal of the Property.  On October 1, 2013, a Special Meeting of the Association's Owners was held to vote on the request of Manatee County to withdraw the Property from the Association's Declaration based on the County's use of the Property for a public purpose and subject to the County paying the Association the sum of $35,000 to mitigate the Association for the loss in assessment income that will result in the withdrawal of the Property.  The County's request was approved by 72.84% of all votes of the Association.

Based on the foregoing, it is requested that a check in the amount of $35,000 be issued to MANASOTA INDUSTRIAL PARK OWNERS ASSOCIATION, INC., c/o Stephen R. Dye, Esq., Dye, Deitrich, Petruff & St. Paul, P.L, 1111 Third Avenue West, Suite 300, Bradenton, Florida 34205.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Reviewed by Andrea A. Adibe, Assistant County Attorney.

Reviewing Attorney
N/A

Instructions to Board Records

Forward an approved copy of this Agenda Item to:



Cost and Funds Source Account Number and Name
$35,000.00 / 323-6045661 (2004 Transportation Bonds)

Amount and Frequency of Recurring Costs
N/A


Attachment:  Amendment to Declaration of Covenants - Manasota Industrial Park.pdf
Attachment:  Map - Lots 2 & 3 - Manasota Industrial Park.pdf