24-3404 Agreement Concerning Maintenance of Utility Improvements and Temporary Construction at 836 Lake Howell Road

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RESOLUTION 24-3404 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE CONVEYANCE AND ACCEPTANCE OF AN AGREEMENT CONCERNING MAINTENANCE OF UTILITY IMPROVEMENTS AND TEMPORARY CONSTRUCTION EASEMENT AT 836 LAKE HOWELL ROAD, MAITLAND, FL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City will need to perform utility improvements for service lines that have the potential to contribute lead to schools and childcare facilities as part of the Lead and Copper Rule Improvements; and WHEREAS, the City has determined that an old water service line has the potential to contribute lead to Lake Forrest Preparatory School at 836 Lake Howell Road, and the City finds a public purpose for replacing the line since the school serves small children; and WHEREAS, the City will perform the utility improvements and provide a maximum of two years of maintenance for the service line; and WHEREAS, Lake Forrest Properties, the owner of 836 Lake Howell Road, has executed a Temporary Construction Easement and Maintenance Agreement granting the City temporary use of the property to perform the utility improvements, and acknowledging that maintenance of the line will be their responsibility after two years; and WHEREAS, City staff has reviewed the Temporary Construction Easement and Maintenance Agreement, attached as Exhibit "A", and find it sufficient to meet the needs of the City. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Casselberry hereby approves the conveyance and acceptance of a Temporary Construction Easement and Maintenance Agreement at 836 Lake Howell Road, Maitland, FL (Parcel ID# 28-21-30-300-016A-0000), attached as Exhibit "A", and authorizes the Mayor to execute said document on behalf of the City. SECTION 2. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 3. 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.