08-1906 Home Depot Temporary Construction Easement Agreement

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RESOLUTION 08-1906 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN HOME DEPOT USA, INC., AND THE CITY OF CASSELBERRY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, the City of Casselberry desires to obtain temporary access to the southern property entrance to Home Depot's Casselberry store located on U. S. Highway 17-92, (via a Temporary Construction Easement), in lieu of condemnation proceedings; and WHEREAS, the Temporary Construction Easement is required to enable the road construction contractor access to construct the improvements associated with the Plumosa A venue and US 17/92 Intersection Improvements Project; and WHEREAS, the City of Casselberry has agreed to construct a new signalized intersection at the southern entrance to the Casselberry Home Depot store, as part of the Plumosa Avenue and US 17-92 Intersection Improvements Project; and WHEREAS, Home Depot USA, Inc., has agreed to provide a Temporary Construction Easement to the City of Casselberry, in order for the City to construct the new signalized intersection improvements as part of the project; and WHEREAS, City staff has reviewed the Temporary Construction Easement agreement between Home Depot USA, Inc., and the City of Casselberry and finds it favorable to 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 Temporary Construction Easement agreement between Home Depot USA, Inc., and the City of Casselberry (attached hereto as Exhibit "A"), 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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 m. 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. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.