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CASSELBERRY CITY COMMISSION Minutes of April 25, 2016 — Regular Meeting Page 9of12 Audience Participation: The following individual came forward to address Resolution 16 -2851: Mr. John Casselberry, 700 South Lost Lake Lane, advised that he believed the subject property may have belonged to his family at one point in time and suggested that any title search done on the property should go back to the earliest possible records to avoid any potential title problems or extinguishment of any City interest by approval of the replat. He noted that he was unfamiliar with a requirement for a particular closing date as a contingency for approval. No one else came forward. MOTION: Vice Mayor Hufford moved to approve Resolution 16 -2851, Bainbridge Casselberry Final Replat (SP 16 -02), as presented, subject to the three conditions presented and recommended by staff. Motion was seconded by Commissioner Solomon. City Attorney Katie Reischmann clarified that the three conditions presented by staff had been incorporated into the resolution, including the change of the closing date to no later than May 12, 2016. Motion carried unanimously by voice vote 5 -0. B. Resolution 16 -2852 — Voluntary Development Commitment Agreement with CO -BB Casselberry Venture, LLC The City Clerk read Resolution 16 -2852 by title as follows: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, TO ENTER INTO A VOLUNTARY DEVELOPMENT COMMITMENT AGREEMENT WITH CO- BB CASSELBERRY VENTURE, LLC; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Staff Presentation: Development Services Manager Randy Woodruff advised that the applicant, CO -BB Casselberry Venture, LLC was requesting approval of the Voluntary Development Commitment Agreement for the proposed apartment complex Bainbridge Casselberry Apartments. He stated that the agreement identifies the cleanup of three unused easements; the acceptance of four easement encroachments; and specific development commitments consistent with the site plan approval. He further advised that the City Manager and the Community Development Director recommended approval of the Voluntary Development Commitment Agreement, as presented, and both staff and the developer were present to answer any questions the Commission should have. In response to a question from Commissioner Solomon, Mr. Woodruff advised that the site plan called for keeping the bike trail along the side of the subject property. Mr. Mark Thompson of the law firm Shutts & Bowen LLP, 300 South Orange Avenue, Suite 1000, Orlando, FL, advised that he represented CO -BB Casselberry Venture, LLC. He again expressed appreciation to staff and the City Attorney for their assistance in bringing the project to this point. He stated that the developer was in agreement with the recommendations, and he was available for any questions the Commission might