06-1686 Land Swap and Credit Agreement with C.F.E., LLC

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RESOLUTION 06-1686 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO LAND SWAP AND CREDIT AGREEMENT BETWEEN C.F.E., LLC AND THE CITY OF CASSELBERRY REGARDING THE REALIGNMENT OF NORTH WINTER PARK DRIVE PROJECT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, the City of Casselberry wishes to amend the Land Swap and Credit Agreement between C.F.E., LLC and the City of Casselberry; and WHEREAS, C.F.E., LLC and the City of Casselberry have come to a mutually beneficial agreement modification should the North Winter Park Drive Realignment project not be awarded for construction before December 31, 2006; and WHEREAS, the City of Casselberry wishes to protect both parties interest related to the project and land swap; and WHEREAS, C.F.E., LLC has executed the 1st Amendment to Land Swap and Credit Agreement. 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 authorizes the Mayor to execute the settlement agreement (attached as "Exhibit A"). SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severabilitv. 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. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED thi~ ~~ day of ~ rJ , AD 2006. ATTEST: sioner ~ll7c/~ Thelma McPherson City Clerk