25-3495 Executed Notice of Limitation Agreement for Wheel Park Phase I

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RESOLUTION 25-3495 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE NOTICE OF LIMITATION AGREEMENT FOR ,,WHEEL PARK - CASSELBERRY,, (PHASE 1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Casselberry's 2017 Parks, Recreation, Pathways, and Open Spaces Master Plan included a recommendation to develop a new park in the northern part of the City; and WHEREAS, the City of Casselberry, on October 15, 2021, applied to the Florida Department of Environmental Protection (FDEP) for $200,000 in Florida Recreation Development Assistance Program funding with a $200,000 local match commitment, for a total of $400,000 to construct the first phase of"Wheel Park - Casselberry" (Phase 1); and WHEREAS, FDEP ranked the City of Casselberry's application #15 in the State of Florida and awarded the requested grant funding for the City's project; and WHEREAS, on September 12, 2022, via Resolution 22-3323, the City Commission approved an Agreement with FDEP for the FRDAP Grant for "Wheel Park - Casselberry" (Phase 1); and WHEREAS, in conjunction with a voter -approved Parks Bond Referendum, construction of "Wheel Park - Casselberry" (Phase 1) has been completed; and WHEREAS, the terms of the Agreement with FDEP for the FRDAP Grant require that land owned by the City that is developed with FRDAP funds be dedicated in perpetuity as an outdoor recreation site for the use and benefit of the public; and WHEREAS, a Notice of Site Dedication and Limitation of Use is required by FDEP to be executed by the City and recorded in order to meet the aforesaid requirement; and WHEREAS, City staff and the City Attorney have prepared and reviewed the required Notice of Site Dedication and Limitation of Use and find it acceptable to meet the needs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves the Notice of Site Dedication and Limitation of Use for "Wheel Park - Casselberry" (Phase]), attached as Attachment 1, and authorizes the Mayor to execute said document on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution.