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RESOLUTION 08-1884 <br />"A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE <br />EXECUTION OF A LICENSE AGREEMENT BETWEEN TARGET CORPORATION AND <br />THE CITY OF CASSELBERRY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND <br />EFFECTIVE DATE." <br />WHEREAS, the City entered into a Land Exchange Agreement with Target Corporation on March <br />6, 2007 for the exchange of properties needed to construct the improvements for the US Highway 17-92 and <br />Triplet Lake Drive Intersection Improvements Project; and <br />WHEREAS, during project construction, a new PVC fence was erected upon part of the new <br />property conveyed to Target Corporation in an effort to avoid the removal of several trees; and <br />WHEREAS, Target has requested that the City execute a License Agreement that will permit the <br />fence to remain in place on their property and define other rights and obligations with respect to the fence; <br />and <br />WHEREAS, the refusal to execute said Agreement would require the City to remove and relocate <br />the fence, restore any damages resulting from the removal, and update Target's Title Policy and survey; and <br />WHEREAS, the City Attorney and City staff have reviewed the License Agreement submitted by <br />Target Corporation and finds it favorable to the City. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION I. The City Commission of the City of Casselberry hereby approves the License <br />Agreement between Target Corporation and the City of Casselberry (attached hereto as "Attachment A"), <br />and authorizes the Mayor to execute said document on behalf of the City. <br />SECTION H. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the <br />provisions of this Resolution are hereby repealed. <br />SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be <br />invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect <br />of any other Section or part of this Resolution. <br />SECTION IV. Effective Date. This Resolution shall become effective immediately upon its <br />passage and adoption. <br />F <br />PASSED and ADOPTED this - g day of <br />ATTEST: <br />Thelma McPherson <br />City Clerk <br />