HomeMy WebLinkAboutResolution No. 2016-16 RESOLUTION NO. 2016-16
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREYARD 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 RESOLUTIONS NO. 2016-03 AND
2016-10; 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 (Agreements)
in recordable form within 90 days of the effective date of Resolution No. 2016-03; and
WHEREAS, the City Council adopted Resolution 2016-10 extending the delivery
date of the Agreements sixty (60) days to August 22, 2016. However, the applicants have
reported that all of the needed approvals will not be acquired until at least August 24, 2016;
and
WHEREAS, an additional sixty (60) day extension is requested to deliver the Unity
of Title Agreements to the City; 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 finds 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.
City of Cape Canaveral
Resolution No.2016-16
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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 Resolutions No. 2016-03 and
2016-10. 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
(b) All other terms and conditions set forth in Resolutions No. 2016-03 and 2016-10 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 Canaveral, Florida, this 16th day of
August, 2016.
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Bob Hoog, Mayor
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ATTEST:' I Name FOR AGAINST
John Bond x
Mia Goforth, Mike Brown x
City Clerk
Bob Hoog x
Approved as to legal form and sufficiency
For the C)rpf Cape Canaveral only by: Brendan McMillin sarnnrl
Betty Walsh Motion
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2016-16
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