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2013-02 CDBG-ED SR 70 Applebees Turnlane Construction RESOLUTION NO. 2013-02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A CONSTRUCTION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON STATE ROAD 70 EAST; PROVIDING FOR AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT; PROVIDING THAT THIS RESOLUTION SUPERSEDES PREVIOUSLY ADOPTED RESOLUTION NO. 2012-10; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to enter into an agreement with the Florida Department of Transportation (FDOT) to improve transportation facilities on the State Highway System; and WHEREAS, the City of Okeechobee is proposing to construct improvements to State Road 70 (East North Park Street) between Mile Post 10.152 (Southeast 10'h Avenue) and Mile Post 10.334 (Southeast 13'h Avenue), through an awarded Community Development Block Grant for Economic Development, Contract No. 12DB-OH-07-57- 02-E08; and WHEREAS, FDOT requires that the City of Okeechobee adopt a Resolution authorizing execution of a Construction Agreement; and WHEREAS, this resolution supersedes any and all previous action and agreement either verbal or written, heretofore in effect between the parties, made with respect to the matters contained within Resolution No. 2012-10, adopted on October 16, 2012 approving a Construction Agreement with FDOT to improve transportation facilities on the State Highway System. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the Construction Agreement with the FDOT to construct certain improvements to State Road 70 East, Section 91070, beginning at Mile Post 10.152 to Mile Post 10.334, "Okeechobee SR 70 Turn Lanes," including resurfacing existing lanes to the extent set forth in Contract Plans, "Applebee's Turn Lanes," dated February 20, 2013 by Culpepper & Terpening, Inc., Okeechobee, Florida is approved. SECTION 2. That David Allen, Public Works Director, City of Okeechobee is authorized to execute the Construction Agreement with the FDOT. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this th ay of May. 2013. ../54-e--- .---Wiy-2f ATTEST: James E. Kirk, Mayor 1111 , A , AA. "Ai I Lane ,amiotea, C C, City Clerk REVI , ED FOR L G SUFFICIENCY: 1100 '?\,. . • n R. Coo , CI y Attorney Resolution No. 2013-02 Page 1 of 1