Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 4, 2017
REVISED April 4, 2017 - Regular Meeting
Agenda Item #52

Termination of Land Use Restriction Agreement and Deed Restrictions (LURA) for Caloosa Gardens


Contact and/or Presenter Information
Denise L. Thomas/ext. 3474

Action Requested
Authorization for Chairperson to execute Agreement to Terminate the Land Use Restriction Agreement and Deed Restrictions for Caloosa Gardens.

Enabling/Regulating Authority
11.1.4. Efficiency in Service Delivery

Background Discussion

On April 7, 2005, deCap Development Two, LLC, was approved for Affordable Designation on a 124 unit single family attached townhome development for homeownership with a setaside of 25% for affordable housing.

On December 1, 2005, the Board of County Commissioners approved the rezone and preliminary site plan for the project. 

On March 13, 2006, a Land Use Restriction Agreement and Deed Restrictions (LURA) was executed between the County and the Developer based upon the developer receiving the incentive approval for Density Bonus and Rapid Response services.

Since that time, the site plan approval has expired with no construction occurring on the site.  It has also been determined through the Florida Department of Environmental Protection (FDEP) that the project site is contaminated with arsenic.  The FDEP is requiring certain remediation efforts and a restriction on the site prohibiting use of the site for residential purposes.

Due to this occurrence, the Developer is requesting that the LURA be terminated in that no incentives were utilized and the site is no longer buildable for residential purposes.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please return one executed original Termination Agreement to Denise L. Thomas, ext. 3474 (denise.thomas@mymanatee.org)

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  CAO Review.pdf
Attachment:  Executed Termination Agreement.pdf
Attachment:  Caloosa Gardens LURA.pdf