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<br />developers of development rights and shall be retroactive to all TDR <br />transactions. <br /> <br />Uti) A fee shall be established by resolution to be paid by the <br />depositor or purchaser for each transaction. <br /> <br />(2H) _The TDR Bank Statement attached as Exhibit "A" to each City <br />Commission resolution authorizing the TDR'sTDRs and the <br />deposit or withdrawal of development rights -shall reflect <br />approved sites and the units ofTDR'sTDRs attributable to each <br />site. The TDR Bank Statement shall be amended <br />administratively and dated each time transfers are made in <br />accordance with this Sectionsection. <br /> <br />Uffi) 'Nith respect to a purchase of TDRs from a privately o\vned, <br />previously approved Sender Site (as opposed to the portion of <br />City ov,'ned TDRs), a A purchaser may withdraw said- TDRs <br />from the-a private TDR Bank pursuant to the original City <br />Commission approval of a Receiver and Sender Site. The <br />adoption of this withdrawal and transfer resolution is <br />ministerial and may not be withheld by the City Commission in <br />accordance with this section unless the terms and conditions of <br />the original approvals have not been met (or otherwise waived) <br />or the City has not received a written and notarized <br />authorization from the owner of the Sender Site (and seller of <br />all TDRs severed therefrom) and an indemnification and hold <br />harmless of the City from both seller and purchaser as to any <br />and all claims that may arise between the private parties as a <br />result of such transaction. With respect to a purchase of TDRs <br />from the City, a purchaser may withdraw same-=from the TDR <br />Bank pursuant to a City Commission resolution issued by the <br />City Commission in its sole discretion in accordance with this <br />Section. <br /> <br />b. _Time Limitations on Private TDR Transactions. <br />All development rights from an approved privately:-owned Sender Sites <br />conveyed to the City shall be deposited in the TDR Bank as provided <br />in this subsection. Withdrawals of TDRs from the TDR Bank must <br />occur no later than five (5) years from the date of the City Commission <br />action approving the applicable ~sending ~site in accordance with <br />Section 265-23.3-(c)(~Q.) hereinabove. Each depositor at time of initial <br />deposit, shall execute a written waiver of its rights, if any, to assert any <br />claim to those development rights except as specifically permitted by <br />the terms of this Ordinance. All requirements of this Section shall be <br />met prior to the actual transfer (withdrawal) of development rights <br />from the TD R Bank. <br /> <br />02004 218 i\md TORs 8ee. 26S 23U:\Citv Clerk\Ordinances\Orafts\Oraft 0200S- TOR Amend 02004-218 Marked 16 <br />2nd Rdg,docU :'u'\ TTORNEY'u'\ssig.nmeflts\200S\'^.OS Revisiolls to Ordiflallee No 2004 218 (TOR Ordiflanee)\vi02 <br />TORamenaeaordillianee ehaRgeS S 9 OS Shelley.aoeC:\Doeuments aRa SettiRgs\sfielley\Loeal SettiRgs\Temperary <br />Intemet Files\OLK98\w02 TDRamefldedorainiaRee ChaRgeS S 90S.doeU:\ATTORlIffiY\.^.ssignmeRts\200S\^.OS <br />Revisions to OrdiRaFlee No 2001 218 (TOR OrdinaRce)\w02 TDRameRdedordiRianee chaRges ENW S S <br />OS.doeC:\OoeumeRts alla SettiRl::s\Home 1 \My OecHmeats\Shelley\TDRamefldedordifliaRce changes.doe <br />