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<br />RESOLUTION 08-1914 <br /> <br />"A RESOLUTION OF mE CiTY OF CASSELBERRY, FLORIDA, AumORIZlNG THE <br />EXECUTION OF SUBORDlNATION OF CiTY UTILiTY iNTERESTS AGREEMENT(S) <br />BETWEEN mE CiTY OF CASSELBERRY AND mE FLORIDA DEPARTMENT OF <br />TRANSPORTATION, (FDOT); PROVIDlNG FOR CONFLICTS, SEVERABILiTY, AND <br />EFFECTIVE DATE." <br /> <br />WHEREAS, the Central Florida Commuter Rail System Project is in the engineering/design phase under the <br />direction of FOOT; and <br /> <br />WHEREAS, FOOT has currently identified two (2) separate parcels, (parcel No.'s 503.4 and 504.4), <br />requiring Subordination of City Utility Interests Agreement( s), which are encumbered by a City easement located <br />adjacent and perpendicular to the existing CSX railroad alignment in unincorporated Seminole County; and <br /> <br />WHEREAS, in order to construct the improvements for the commuter rail project, the City's underground <br />utilities adjacent to the existing CSX railroad may need to be relocated during construction activities by the commuter <br />rail construction contractor; and <br /> <br />WHEREAS, as per the proposed Subordination of City Utility Interests Agreement(s), FOOT will pay the <br />costs to relocate the utilities, if necessary; and <br /> <br />WHEREAS, the City Attorney and City staff have reviewed the two (2) separate Subordination of City <br />Utility Interests Agreement(s) presented herein and find each Agreement favorable to the City. <br /> <br />NOW THEREFORE, BE iT RESOLVED BY THE CiTY COMMISSION OF THE CiTY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br /> <br />SECTION I. The City Commission of the City of Casselberry hereby approves the Subordination of City <br />Utility Interests Agreement( s) between the City of Casselberry and FOOT for two separate parcels, (attached as Exhibit <br />"A" and "B"), and authorizes the Mayor to execute said document(s) on behalf of the City. <br /> <br />SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this <br />Resolution are hereby repealed. <br /> <br />SECTION IlL Severability. If any Section or portion of a Section of this Resolution proves to be invalid, <br />unlawful, or unconstitutional, it shall not he held to invalidate or impair the validity, force, or effect of any other Section <br />or part of this Resolution. <br /> <br />SECTION IV. Effective Date. This Resolution shall hecome effective immediately upon its passage and <br />adoption. <br /> <br />PASSEDandADOPTEDthiS~dayof AVjU0+" <br /> <br /> <br /> <br />""...J <br />#/;.-;/ - <br />Donna G. Gardner <br />City Clerk <br />