17-2954 FDOT Landscape Maintenance MOA - Lake Concord Park & Triplet Lake Drive

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RESOLUTION 17-2954 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATED TO THE LAKE CONCORD PARK AND TRIPLET LAKE DRIVE SIGNATURE STREET PROJECTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Casselberry (LOCAL GOVERNMENT), under an existing Agreement with the Florida Department of Transportation (DEPARTMENT), currently maintains certain portions of US 17-92 and State Road 436 right-of-ways; and WHEREAS, two proposed commercial developments within the Lake Concord Park project, east of and adjacent to the US 17-92 corridor, required separate easements dedicated to the Florida Department of Transportation for the relocated sidewalk and adjustment to landscaping; and WHEREAS, the Florida Department of Transportation has provided a proposed Landscape Construction and Maintenance Memorandum of Agreement to formalize City construction in the easement area and required maintenance of this additional area; and WHEREAS, Public Works Department staff has reviewed the Memorandum of Agreement with the Florida Department of Transportation and finds it acceptable to meet the needs of 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 Landscape Construction and Maintenance Memorandum of Agreement with the Florida Department of Transportation (attached as Attachment 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Conflicts, All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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 III. 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.