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RESOLUTION 10-2106 <br />"A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE <br />EXECUTION OF A SUBORDINATION OF CITY UTILITY INTERESTS AGREEMENT <br />BETWEEN THE CITY OF CASSELBERRY AND THE FLORIDA DEPARTMENT OF <br />TRANSPORTATION (FDOT); PROVIDING FOR CONFLICTS, SEVERABILITY, AND <br />EFFECTIVE DATE." <br />WHEREAS, the SR 436 / Red Bug Lake Road Flyover Project is in the final engineering/design phase and <br />is scheduled to bid for construction during the fall of 2010; and <br />WHEREAS, FDOT requires conveyance of a Subordination of City Utility Interests Agreement from the <br />City for FDOT Parcel No. 101.14, which is a parcel encumbered by City utility easements adjacent to Red Bug Lake <br />Road; and <br />WHEREAS, in order to construct the road improvement project, the City's underground utilities adjacent <br />to Red Bug Lake Road may need to be relocated during construction activities by the road construction contractor; <br />and <br />WHEREAS, as per the Subordination of City Utility Interests Agreement, FDOT will pay the costs to <br />relocate the utilities, when necessary; and <br />WHEREAS, the Public Works Department staff has reviewed the Subordination of City Utility Interests <br />Agreement, presented herein, for Parcel No. 10 1. 14 and find the Agreement favorable to the City. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION I. The City Commission of the City of Casselberry hereby approves the Subordination of City <br />Utility Interests Agreement between the City of Casselberry and FDOT for Parcel No. 101.14, (attached as Exhibit <br />"A"), and authorizes the Mayor to execute said document(s) on behalf of the City. <br />SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this <br />Resolution are hereby repealed. <br />SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, <br />unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other <br />Section or part of this Resolution. <br />SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and <br />adoption. <br />PASSED and ADOPTED this PON day of r _ (� AD 2010. <br />k <br />" <br />oxlt4 C/� <br />Donna G. Gardner Charlene Glancy <br />City Clerk Mayor/Commissioner <br />