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CASSELBERRY CITY COMMISSION Minutes of September 27, 2021 — Regular Meeting Page 6 of 18 Staff Presentation: Deputy Public Works Director/City Engineer Kelly Brock stated that Resolution 21- 3270 provides for approval and adoption of the Americans with Disabilities Act (ADA) Evaluation and Transition Plan for the City of Casselberry. The draft plan was presented to the City Commission August 23, 2021 and the final version being presented tonight is very similar to the draft with just very minor updates. The Plan seeks to resolve all identified ADA issues within a 20 -year timeframe and contains approximately $3.7 million in estimated expenditures of which approximately 90% is for pedestrian facilities, with the remainder being for buildings. Adoption of the Plan will fulfill mandatory federal requirements under the Americans With Disabilities Act (ADA) regarding conducting a self-evaluation and developing a transition plan. Budget ILnpact: There is no immediate budget impact associated with this item, but implementation of the ADA Transition Plan will require financial commitments across future Budget years in order to successfully implement. This has already been factored into the Fiscal Year 2021-2022 proposed Budget. Recommendation: The City Manager and the Public Works Director recommended approval of Resolution 21-3270 Audience Participation: No one came forward to address Resolution 21-3270. MOTION: Vice Mayor Busch moved to approve Resolution 21-3270, as presented. Motion was seconded by Commissioner Aramendia. Motion carried unanimously by voice vote 5-0. B. Resolution 21-3271 — Termination of Voluntary Development Commitment Agreement with Nieuport Partners II, LLC The City Clerk read Resolution 21-3271 by title, as follows: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING WRITTEN TERMINATION OF THE VOLUNTARY DEVELOPMENT COMMITMENT AGREEMENT WITH NIEUPORT PARTNERS II, LLC; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Staff Presentation: Community Development Director Chris Bowley stated that Resolution 21-3271 provides for the termination of the Voluntary Development Commitment Agreement with Nieuport Partners II, LLC. In 2013 the City of Casselberry entered into a Development Agreement with Nieuport Partners II, LLC with the goal of creating a public/private partnership on property located at Rain Lily Court and Seminole Boulevard across from the intersection at Button Road. A caveat contained in the agreement was that if there was no activity during the agreement period through building permits or construction, the agreement would be terminated, and this should have occurred in 2016, but did not. Mr. Bowley advised that he had spoken with the Developer, and they agreed with the termination of the current agreement; however, if the new development program they are currently seeking is successful, they would come back to the City for a development agreement based on the new development program. He noted that this process to terminate the agreement was basically an administrative formality which should have been done five years ago.