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RESOLUTION 11 -2264 <br />"A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA APPROVING <br />AND AUTHORIZING AN AGREEMENT BETWEEN PROGRESS ENERGY <br />FLORIDA, INC. AND THE CITY OF CASSELBERRY, FLORIDA FOR THE <br />CONSTRUCTION OF WIRZ TRAIL SECTION I; PROVIDING FOR <br />CONFLICTS, SEVERABILITY AND EFFECTIVE DATE." <br />WHEREAS, trail systems are a valuable asset to the vibrancy of a community providing outlets <br />and opportunities for both recreation and transportation; and <br />WHEREAS, the City wishes to construct Wirz Trail Section I, which requires two easements on <br />Progress Energy Florida, Inc. property located on Carmon Way, west of Winter Park Drive, and on the <br />east side of their electrical sub- station on Winter Park Drive; and <br />WHEREAS, Progress Energy Florida, Inc. agrees to grant to the City the non - exclusive and <br />perpetual right, privilege and easement to construct Wirz Trail Section 1 and related facilities on their <br />property in exchange for engineering, landscaping and construction features associated to the trail; and <br />WHEREAS, an Agreement between Progress Energy Florida, Inc. and the City of Casselberry to <br />satisfy requirements for construction of Wirz Trail Section 1 has been finalized; and <br />WHEREAS, the City desires to accept and execute the Agreement with Progress Energy Florida, <br />Inc. related to the construction of Wirz Trail Section 1. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY <br />OF CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION I. The City Commission of the City of Casselberry hereby approves the Agreement <br />with Progress Energy Florida, Inc. (attached as Attachment A) and authorizes the Mayor to execute said <br />document on behalf of the City. <br />SECTION H. Conflicts. All Resolutions or pants 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provisions of this Resolution are hereby repealed.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 />PASSED AND ADOPTED this day of A.D. 2011. <br />ATTEST: <br />Dbfma G. Gardner <br />City Clerk <br />Charlene Glancy <br />Mayor /Commissioner <br />