16-2850 Utility Commitment and Easement with CO-BB Casselberry Venture, LLC

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RESOLUTION 16-2850 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, TO ENTER INTO A UTILITY COMMITMENT AND EASEMENT AGREEMENT WITH CO -BB CASSELBERRY VENTURE, LLC; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the parties desire to recognize a mutual obligation for the planning, development, and use of the vacant property located between Oxford Road and US 17-92 adjacent to the Seminole County Library and the SR 436 / US 17-92 flyover interchange project; and WHEREAS, Public Works staff finalized a Reclaimed Water Master Plan and a top priority project was the provision of reclaimed water to the SR 436 / US 17-92 flyover interchange landscaping areas; and WHEREAS, during development review of the site for the proposed Bainbridge Casselberry Apartment complex, Public Works staff realized the possibility of installing a reclaimed water pipeline within the proposed project limits which would prove cost effective and less technically challenging than other pipeline alignments; and WHEREAS, a Utility Commitment and Easement Agreement (Exhibit A) with the developer, CO -BB Casselberry Venture, LLC, provides in detail the mutual obligations voluntarily entered into by each party; and WHEREAS, Public Works staff has reviewed said Utility Commitment and Easement Agreement and finds it to be a sound development plan which will accomplish the goals of the City of Casselberry. 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 and accepts the terms and conditions as presented in the "Utility Commitment and Easement Agreement," attached as Attachment "A" between CO -BB Casselberry Venture, LLC and the City of Casselberry and made a part hereof, and authorizes the Mayor to execute said document 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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 III. 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.