18-3012 Authorizing Subordination Agreement with FDOT

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RESOLUTION 18-3012 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A SUBORDINATION 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 has interest rights within easements conveyed from Casto Casselberry, LLC (Casto) to the Florida Department of Transportation (FDOT) for portions of the Lake Concord Park Project; and WHEREAS, the easement instruments conveyed from Casto to FDOT are identified as: (1) Access and Parking Easement, (2) Landscape and Sidewalk Easement, and (3) Amended and Restated Access and Parking Easement, which are collectively contained with FDOT's Parcel No. 802.3 and Parcel No. 804.3; and WHEREAS, the Florida Department of Transportation requires the subordination of the City's interest rights within Parcel No.'s 802.3 and 804.3 and has provided a Subordination Agreement to the City to formalize the subordination; and WHEREAS, Public Works Department staff has reviewed the Subordination 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 Subordination 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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. 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 this ;, day of , AD 2018.