11-2323 Perpetual Utility Easement Agreement - AIM Orlando School Building, LLC

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RESOLUTION 11-2323 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A P ERPETUAL UTILITY EASEMENT AND EASEMENT HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF CASSELBERRY AND AIM ORLANDO SCHOOL BUILDING LLC, (PROPERTY OWNERS AVIATION INSTITUTE); PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, the Aim Orlando School Building LLC, obtained final engineering and permitting; and WHEREAS, the Public Works Department required a perpetual utility easement over a certain portion of an existing utility line traversing Aim Orlando School Building LLC's property as a condition of approval; and WHEREAS, the Aim Orlando School Building LLC is providing, in compliance with the condition of approval placed on the redevelopment of their property, the required Perpetual Utility Easement; and WHEREAS, the Aim Orlando School Building LLC desires to place a shade structure over a portion of the required Perpetual Utility Easement; and WHEREAS, the Public Work Department, as a condition to permitting, also requires an Easement Hold Harmless Agreement from Aim Orlando School Building LLC, for the placement of the shade structure over a portion of the required Perpetual Utility Easement; and WHEREAS, to complete the conditions of approval placed on the redevelopment of Aim Orlando School Building LLC property, the City finds it necessary to execute these easements; and WHEREAS, City staff have reviewed the Perpetual Utility Easement presented herein and find the Easement favorable to the City; and WHEREAS, City staff have reviewed the Easement Hold Harmless Agreement presented herein and find the Agreement favorable to 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 Perpetual Utility Easement and Easement Hold Harmless Agreement between the City of Casselberry and Aim Orlando School Building LLC, (attached as Exhibit "A" and Exhibit `B" respectively,) and authorizes the Mayor to execute said document(s) 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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 HL 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.