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<br />RESOLUTION 07.1769 <br /> <br />A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING <br />A "RELEASE, HOLD HARMLESS AND INDEMNIFICATION" AGREEMENT <br />BETWEEN THE CITY OF CASSELBERRY AND SEMORAN ASSOCIATES, <br />LTD. FOR THE HOWELL BRANCH CORNERS DEVELOPMENT; PROVIDING <br />FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. <br /> <br />WHEREAS, the Planning and Zoning Commission granted Semoran Associates, <br />Ltd., (hereinafter referred to as the "Develope!") site plan approval to construct Howell <br />Branch Corners at 2535 Howell Branch Road (hereinafter referred to as the "Subject <br />Property"); and <br /> <br />WHEREAS, the City Commission approved Resolution 06-1732, a Release, Hold <br />Harmless, and Indemnification Agreement (the "Agreemenf') to allow Starbuck's to open <br />prior to completion of the remainder of the site; and <br /> <br />WHEREAS, the final plat has not yet been approved and recorded for the "Subject <br />Property" as required by the "Agreemenf' prior to the issuance of certificates of occupancy <br />for the bank/tenant building; and <br /> <br />WHEREAS, Semoran Associates, Ltd. tenants are currently prepared to occupy <br />spaces within the bank/retail building; and <br /> <br />WHEREAS, the City of Casselberry wants to ensure the final plat is recorded prior to <br />issuance of the final certificate of occupancy for the bank/retail building; and <br /> <br />WHEREAS, the City of Casselberry Is willing to allow the use of the tenant spaces in <br />the bank/retail building but does not want to assume liability for any claims, losses, <br />obligations, or damages that occur on the property. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: <br /> <br />SECTION I. The City Commission of the City of Casselberry hereby approves the <br />"Release, Hold Harmless and Indemnification Agreemenf' dated February 7, 2007 for the <br />Subject Property identified as Exhibit "A" in the Agreement, and authorizes the Mayor to <br />execute said Agreement to allow use of the bank/retail tenant spaces and to require <br />recording of the final plat for the property prior to issuance of the final certificate of <br />occupancy for the bank/retail building. <br />