22-3321 Release, Hold Harmless & Indemnification Agreement - Bearwood Academy

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RESOLUTION 22-3321 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF A RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR THE BEARWOOD ACADEMY LOCATED AT 1490 SEMINOLA BOULEVARD, CASSELBERRY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Bearwood Academy received Conditional Use approval (CU 21-12) from the City of Casselberry's (City) Planning and Zoning Commission, with one of the conditions of approval requiring site plan review for necessary improvements to the parking lot; and WHEREAS, on October 13, 2021, a site plan review application was submitted with the City for improvements to the parking lot and drainage swale at the property located at 1490 Seminola Blvd. (Property); and WHEREAS, the site plan was approved by the City's Development Review Committee on June 30, 2022, and the engineering permit was issued by the City's Public Works and Utilities Department on July 6, 2022; and WHEREAS, the required life -safety improvements needed to operate a day care facility and preschool within the existing building on the Property have been completed; and WHEREAS, Bearwood Academy has obtained a license from the Florida Department of Children and Families to operate a child care facility at the Property; and WHEREAS, in the interest of its citizens and businesses, the City seeks to assist applicants in opening and operating within the City; and WHEREAS, the Release, Hold Harmless and Indemnification Agreement (Agreement) authorizes and allows the Tenant to operate the day care facility and preschool prior to completion of the construction of the parking lot and drainage swale improvements; and WHEREAS, the City Commission has determined it to be in the best interest of City residents and the community overall to execute the aforementioned Agreement to allow Bearwood Academy to open and to operate safely. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA: SECTION I. The City Commission of the City of Casselberry hereby approves the Release, Hold Harmless and Indemnification Agreement, attached herewith, with the Developer and Tenant for the property located at 1490 Seminola Blvd., and authorizes the Mayor to execute said document on behalf of the City Commission. SECTION II. CONFLICTS. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.