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HomeMy WebLinkAboutResolution No. 2016-10 RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A SIXTY (60) DAY EXTENSION OF TIME FOR THE PROPERTY OWNERS (BAUGHER AND LAGGES) TO DELIVER TO THE CITY THE UNITY OF TITLE AGREEMENTS IN EXECUTED AND RECORDABLE FORM IN ACCORDANCE WITH RESOLUTION NO. 2016-03; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution,to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,pursuant to Resolution No.2016-03,the City Council authorized a lot split of real property subject to several terms and conditions; and WHEREAS, one of the conditions requires that the affected real property owners (Baugher and Lagges) deliver to the City executed Unity of Title Agreements in recordable form within 90 days of the effective date of Resolution No. 2016-03; and WHEREAS, the property owners have requested additional time to deliver the Unity of Title Agreements; and WHEREAS, the City Council desires to grant the request for additional time in accordance with the terms and conditions of this Resolution; and WHEREAS,the City Council of the City of Cape Canaveral fmds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY RESOLVES,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Extension of Time to Deliver the Unity of Title Agreements. (a) The City Council hereby grants a sixty(60)day extension of time for Baugher and Lagges to deliver the Unity of Title Agreements required by Resolution No. 2016-03. If the Unity of Title Agreements are not delivered to the City in executed and recordable form by the end of the extension period, Resolution No. 2016-03 shall automatically be deemed null and void. City of Cape Canaveral Resolution No.2016-10 Page 1 of 2 (b) All other terms and conditions set forth in Resolution No. 2016-03 not modified by this Resolution shall remain in full force and effect. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council,or parts of prior resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape '. averal, Florida, this 21st day of June,2016. � • Bob Hoog,Mayor For Against John Bond Second Mike BrownCx ti`�'1xe4ir;�4�t, Bob Hoog x �,`"�c A �/FVjj,!l` �' •` ItBrendan McMillin x r)' Betty Walsh Motion ATTEST (City`Seal): 3 • Mia Gdf. th City e'rlc, COD ,t ,1‘-kv„ Approved as to legal form and sufficiency for the City ape Canaveral only: ANTHONY A. GARGANESE,City Attorney City of Cape Canaveral Resolution No.2016-10 Page 2 of 2