Staff recommends adopting a Resolution executing a Bill of Sale and termination of Area Lighting Agreement with Walling Enterprises, Inc., terminating an existing Area Lighting Agreement for Palm Plaza Shopping Center and transferring the lighting fixtures to the customer.
On July 23, 2001, City and Walling entered into an Agreement for Rental Lighting Services. The Area Lighting Agreement was amended on or about July 9, 2007, by Amendment No. 1. The parties now desire to terminate the Area Lighting Agreement, transfer to Walling the equipment formerly leased to Walling under the Area Lighting Agreement, and provide for terms of service for electrical power to the equipment following the termination
1. Adopt the Resolution as presented, or;
2. Such alternative action as the Commission may deem appropriate
Currently Walling Enterprises Inc. pays a contract rate for a fixed quantity of lights and poles. This agreement will eliminate the contract rate and allow the City to charge based on actual usage (kwh). The City will be no longer responsible for maintenance, or repairs to the fixtures, poles or wire. The City has already recovered the cost of these poles.
Prepared by: ______________________
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. ______JB__________
Deputy C.M. ___________________
City Manager ___________________
Account No. 041-0000-343-xxxx___
Project No. ___________________
WF No. ______________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BILL OF SALE AND TERMINATION OF AREA LIGHTING AGREEMENT BETWEEN THE CITY OF LEESBURG AND WALLING ENTERPRISES, INC. FOR THE PURPOSE OF TERMINATING AN EXISTING AREA LIGHTING AGREEMENT FOR PALM PLAZA SHOPPING CENTER AND TRANSFERRING THE LIGHTING FIXTURES TO THE CUSTOMER, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to execute a Bill of Sale and Termination of Area Lighting Agreement between the City of Leesburg and Walling Enterprises, Inc., whose address is PO Box 490329, Leesburg, FL 34748, for the purpose of terminating an existing area lighting agreement for Palm Plaza Shopping Center and transferring the lighting fixtures to the customer.
THIS RESOLUTION shall take effect upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 25th day of April, 2011.
THE CITY OF LEESBURG, FLORIDA