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Resolution No. 2023-002RCC CLERMONT CITY OF CLERMONT RESOLUTION NO.2023-002R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT APPROVING AND AUTHORIZING THE SUBORDINATION OF CITY UTILITY INTERESTS IN CERTAIN EASEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATED TO ITS SR 50 ROAD IMPROVEMENT PROJECT AND RESERVING TO THE CITY THE RIGHT TO CONTINUE TO USE THE UTILITY EASEMENTS AUTHORIZING THE MAYOR TO PERFORM ALL ACTS NECESSARY AND APPROPRIATE TO EXECUTE THE SUBORDINATION OF CITY UTILITY EASEMENTS AND PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (F.D.O.T) proposes to construct or improve State Road No. 50, Section No. 11070, F.P. No. 238429-4, in Lake County, Florida; WHEREAS, the City presently has a utility easement interest in certain lands that have been determined necessary for the above project; WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to F.D.O.T.; WHEREAS, F.D.O.T. is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. WHEREAS, the City of Clermont supports F.D.O.T State Road 50 project and desires to grant to F.D.O.T a subordination easement agreement for the specific lands. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Florida, as follows: SECTION 1: The City Council of the City of Clermont, Florida does hereby authorize the Mayor to execute and deliver to F.D.O.T., the Subordination Utility Interests as set forth in Exhibit "A" attached hereto. SECTION 2: The City Manager is specifically authorized to withhold the Subordination upon his determination of any matter or factor, hereafter coming to his attention which may indicate such action is not in the City's best interest, provided that upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City Council, in session, for review and direction. E CLERWOtvr CITY OF CLERMONT — RESOLUTION NO.2023-002R SECTION 3: CONFLICT All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 4: SEVERABILITY If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from the remainder of the Resolution, and the remainder of the Resolution shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Resolution as a whole. SECTION 5: ADMINISTRATIVE CORRECTION This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or scrivener's errors which do not affect the intent of said resolution, as authorized by the City Manager or designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 6: PUBLICATION AND EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. I CLE ' M, CITY OF CLERMONT Ch.d RESOLUTION N0.2023-002R DONE AND RESOLVED by the Mayor of the City Council of the City of Clermont, Lake County, Florida, this 1 Oth day of January 2023. a w Vj( Tracy Ackroyd Howe, MMC City Clerk Approved as to Form and Legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT � li�� Tim Mu�ayor INSTRUMENT#: 2023050354 OR BK 6134 PG 102 PAGES: 4 5/1/2023 3:47:20 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $35.50 23-UTL04-10/11 October 30, 2021 This instrument prepared by Robin D. Derr Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard Deland, Florida 32720-6834 PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 238429-4 Please Return To: P.M. NO. 1102-2017 Florida Department of Transportation STATE ROAD 50 719 S. Woodland Boulevard R/W Records Management MS 551 COUNTY Lake DeLand, FL32720-6834 Attn: J.Denby SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this l'Tr�* day of VAP-4 , '?PV5 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF CLERMONT, a Florida municipal corporation, hereinafter called City. WITNESSETH: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the F.D.O.T.; and WHEREAS, the F.D.O.T. is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and F.D.O.T. agree as follows: City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any and all of its interest in the lands as follows, viz: INSTRUMENT# 2023050354 OR BOOK 6134/PAGE 103 PAGE 2 of 4 PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 2384294 P.M. NO. 1102-2017 PAGE 2 RECORDED INSTRUMENT DATE FROM TO Utilities 03/09/98 Richard E. Bosseman Trstee., City of Clermont Easement and Charles E. Bosserman, Jr. Tstee. PROVIDED that the City has the following rights: O.R. BOOK/PAGE 1590/0642 The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the F.D.O.T.'s current minimum standards for such facilities as required by the F.D.O.T. Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the F.D.O.T. which shall not be unreasonably withheld. Should the F.D.O.T. fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the F.D.O.T. hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the F.D.O.T.'s facilities. 4. The City agrees to repair any damage caused by the gross negligence of City to F.D.O.T. facilities and to indemnify to the extent permitted under Florida law the F.D.O.T, against any loss or damage resulting from the gross negligence of City directly resulting from City exercising its rights outlined in Paragraphs 1 and 3 above. INSTRUMENT# 2023050354 OR BOOK 6134/PAGE 104 PAGE 3 of 4 PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 2384294 P.M. NO. 1102-2017 PAGE 3 IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: SIGNATURE LINE PRINTlTYPE NAME: W ►-� Ct. L_ -6-u.- SIGN,A L NE._ T ,.l PRI�dT '` 'PE�ME:' -- Wc&[ t ace - o : -n yfs ✓ O``' rrr�tllsltlt�` COUNTY OF VOLUSIA STATE OF FLORIDA DEPARTMENT OF TRA TI By: t o►o,�,as District Director Of Transportation Development for District Five 719 S. Woodland Blvd. Deland, Florida 32720 L i TD O� of a General Counsel The forego!nq Instrument was acknowledged before me, by means of physical presence or J online notarization, this day of Vj by _. - c c-V A +kS _P,Z., District Director of Transportation Deveiopmen for District Five, who is personaliv known to me or who has produced as identification. ------------- 1 � •i ' OA"YRA WALLACE p • 1 Notary Public . State of Florida � Commission 160 986942 'osf� My Comm. Expires May tt, 2024 &coded through National Notary Assn. PRINT/TYP AME: U((h0.I 0.C'' Notary Public in and for the J County and State last aforesaid. My Commission Expires: Serial No., if any: INSTRUMENT# 2023050354 OR BOOK 6134/PAGE 105 PAGE 4 of 4 PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 2384294 P.M. NO. 1102-2017 PAGE 4 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by its Mayor, the day and year aforesaid. Signed, sealed and delivered in the presence of: Two witnesses required by Florida VIP D SIGNATURE LINE PRINT/TYPE NAMED- A+k9 c� SI N RE LINE PR/TYPE NAME: .�-k A STATE OF FLORIDA CITY OF CLERMONT, FLORIDA, Law As approved by City Council Resolution 2023- 002R By: .,. L_ Mayor Tim Murry ATTEST: I G KCVSe- �•r wti Tracy Ackroyd Howe, Clfy r COUNTY OF LAKE p t '.0 ..rt.NttaN The foregoing instrument s acknowledged before me, by means of j physical presence or j onlinex notarization this 10 f L day of pr Aivw wl y , Zo z L , by Tim Murry, M. or, who is personally known to me or who has produced as identificat sue-- - -{` otary Public in and for the County and State last afores i My Commission Expires: v�Z• ' Zd Serial No., if any: Aitt`.. t s% A �T NQ+ry Pubk state o/ FbrM& Donald Price My Ciommfaaipr, GG 944219 r.P" 04�ZLJ2024 ' ... ram•-ItS- i��' ao�+•.. 23-UTL04-10/11 October 30, 2021 This instrument prepared by Robin D. Derr Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 238429-4 P.M. NO. 1102-2017 STATE ROAD 50 COUNTY Lake SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of , , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the F.D.O.T., and CITY OF CLERMONT, a Florida municipal corporation, hereinafter called City. WITNESSETH: WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by City to the F.D.O.T.; and WHEREAS, the F.D.O.T. is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, City and F.D.O.T. agree as follows: City hereby subordinates to the interest of F.D.O.T., its successors, or assigns, any and all of its interest in the lands as follows, viz: PARCEL NO. SECTION NO F.P. NO. P.M. NO. PAGE 2 804.3 11070 2384294 1102-2017 RECORDED INSTRUMENT DATE FROM TO Utilities 03/09/98 Richard E. Bosseman Trstee., City of Clermont Easement and Charles E. Bosserman, Jr. Tstee. PROVIDED that the City has the following rights: BOOK/PAGE 1590/0642 1. The City shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the F.D.O.T.'s current minimum standards for such facilities as required by the F.D.O.T. Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the F.D.O.T. which shall not be unreasonably withheld. Should the F.D.O.T. fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate its facilities located within said lands, the F.D.O.T. hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the F.D.O.T.'s facilities. 4. The City agrees to repair any damage caused by the gross negligence of City to F.D.O.T. facilities and to indemnify to the extent permitted under Florida law the F.D.O.T. against any loss or damage resulting from the gross negligence of City directly resulting from City exercising its rights outlined in Paragraphs 1 and 3 above. PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 2384294 P.M. NO. 1102-2017 PAGE 3 IN WITNESS WHEREOF, the F.D.O.T. hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses: SIGNATURE LINE P.E. PRINT/TYPE NAME: SIGNATURE LINE PRINT/TYPE NAME: STATE OF FLORIDA COUNTY OF VOLUSIA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Director Of Transportation Development for District Five 719 S. Woodland Blvd. DeLand, Florida 32720 Legal Review By: Office of the General Counsel The foregoing instrument was acknowledged before me, by means of U physical presence or J online notarization, this day of 1 , by , P.E., District Director of Transportation Development for District Five, who is personally known to me or who has produced as identification. PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL NO. 804.3 SECTION NO. 11070 F.P. NO. 2384294 P.M. NO. 1102-2017 PAGE 4 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by its Mayor, the day and year aforesaid. Signed, sealed and delivered in the presence of: Two witnesses required by Florida SIGNATURE LINE RINT/TYPE NAME: SI NATURE LINE INT/TYPE NAME: STATE OF FLORIDA COUNTY OF LAKE CITY OF CLERMONT, FLORIDA, Law As approved by City Council Resolution 2023- 002R By: tJV�1� Mayor Tim Murry, v ATTEST: _ 1/ • «* " .. k . w', 1 � ,na � .,tee •_J„' Tracy Ackroyd Howe, City CI ;` The foregoingZstrument� s acknowledged before me, by means of Li physical presence or a online notarization this `D day of J(/,N✓c, cZ-7 Z�23, by Tim Murry, Mayor, who is personally known to me or who has produced as -identification. PE NAME: -DC) `. ot�y Public in and for the County and State last aforesaid/ / My Commission Expires: Dye �0 Zo$'' •,,:e+++++++++:.,, Serial No., if any: y �Ow N4%. Notary Public State of Florida • Donald Price My Commission GG 944219 aw Expires04128/2024