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Grant Maloyy, Clerk Of The Circuit Court & Comptroller Seminole County, FL <br />Inst #201 aO87497,Book:9182 Page:706-739; (34 PAGES) RCD: 8/1/201$ 9:49:55 AM <br />REC FEE $290.50 <br />5 <br />,V D RESOLUTION 13-2535 <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, APPROVING THE VOLUNTARY DEVELOPMENT <br />COMMITMENT AGREEMENT FOR AN ASSISTED LIVING FACILITY LOCATED <br />EAST OF THE INTERSECTION OF BUTTON ROAD AND SEMINOLA <br />BOULEVARD; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN <br />EFFECTIVE DATE. <br />WHEREAS, Nieuport Partners 11, LLC (or Assignee) is the property owner or holds interest <br />in property designated as the Fountains Assisted Living Facility ("project") located east of the <br />intersection of Button Rd. and Seminola Blvd.; and <br />WHEREAS, Nieuport Partners 11, LLC wish to enter into a Voluntary Development <br />Commitment Agreement with the City to utilize the development potential of the City -owned <br />property located adjacent to the project to facilitate the development of the project; and <br />WHEREAS, the use and development of the project must be in accordance with the <br />conditions set out within the attached Voluntary Development Commitment Agreement. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION 1. Pursuant to F.S Chapter 166.041 'Procedure for adoption of ordinances and <br />resolutions' and Section 2-56 'Resolutions' of the Unified Land Development Regulations, the City <br />Commission approves the Voluntary Development Commitment Agreement for an Assisted Living <br />Facility (attached as "Attachment A") with Nieuport Partners II, LLC (or Assignee) as entered into <br />with the City. <br />SECTION 2. Conflicts. All resolutions or parts of resolutions in conflict with any of the <br />provisions of this Resolution are hereby repealed. <br />SECTION 3. Severability. If any section or portion of a section of this Resolution proves <br />to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, <br />force or effect of any other section or part of this Resolution. <br />SECTION 4. Effective Date. This Resolution shall become effective immediately upon its <br />passage and adoption. <br />PASSED and ADOPTED this day of �2013. <br />ATTEST: <br />CITY OF CASSELBERRY, FLORIDA <br />Donna G. Gardner Charlene Glancy <br />City Clerk Mayor/Commissioner <br />