RESOLUTION 2009-01

Whereas,  The Town Commission of the Town of Shalimar, Florida [herein “Town”] finds that it is in the best interest of the Town to exchange certain real property that it owns in Shalimar, Florida with the School Board of Okaloosa County, Florida [herein “School Board”] for a parcel of real property owned by the School Board; and,

Whereas,  The Town of Shalimar, Florida, under the provisions of Florida Statute Chapter 166, has authority to acquire lands; and

Whereas, The Town Commission of the Town of Shalimar, Florida has had performed an initial site review and analysis of the real property proposed for acquisition through the exchange process; and,

Whereas, The subject parcels have been evaluated by a licensed certified appraiser in the State of Florida and based upon a variety of factors he has rendered a valuation report that has been used to negotiate the exchange transaction which the Town Commission has determined is a fair and equitable exchange for both parties and is in the best interests of the Town; and

Whereas, The property which is the subject of the exchange agreement is a part of a subdivision of land which has begun but never finished, and

Whereas,  The Town concurs with the School Board in making the determination that the covenants in the subdivision no longer serve a useful purpose, and in fact now prevent the beneficial use of the property; and

Whereas,  A majority of the owners of lots may, by the express terms of the Declaration of Covenants, Conditions and Restrictions [herein “Covenants”], and the School Board and the Town constitute a majority of the owners within Sundance Subdivision.

Now, Therefore, be it resolved, pursuant to Florida Statute Chapter 166.021 that:

          A.  The Shalimar Town Commission enter into a Real Property Exchange   Agreement [herein “Agreement”].

          B.  The Mayor of the Town Commission of the Town of Shalimar, Florida is         authorized to execute all necessary documents and take any other actions required to fulfill the obligations of the Town Commission under the Agreement,         and to carry out the closing of the real property transaction and the transfer of     ownership of the School Board property as contemplated under the Agreement.

          C.  The Mayor shall execute such document as will amend by dissolving the         Covenants within the Sundance Subdivision, as to the Park shown on the plat between Lots 19 and 20.

ADOPTED this 8th day of September, 2009.

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                                                                             Gary Combs, Mayor

ATTEST:

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Tina Smith, Deputy Town Clerk                                              

Reviewed and Approved as to

Form and content by Town Attorney

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D. Michael Chesser

Attorney at Law

Chesser & Barr, P.A.