Description: AGENDAHED.JPG,Description: AGENDAHED.JPG
 

Item No:             5E.

 

Meeting Date:   April 8, 2013

 

From:                  Paul Kalv, Electric Director

 

Subject:               Resolution authorizing execution of an Addendum to Utility Easement with Hill/Gray Seven, L.L.C. for the purpose of amending the terms of the City's standard Utility Easement for the Bojangles Restaurant Project on South Highway 441.

 

 


Staff Recommendation:

Staff recommends authorizing the addendum to the Utility Easement with Hill/Gray Seven, L.L.C. for the purpose of amending the terms of the City’s standard Utility Easement for the Bojangles Restaurant Project on South Highway 441.

 

Analysis:

Addendum to Utility Easement:

Notwithstanding anything to the contrary set forth in the within and foregoing Utility Easement dated September 6, 2012 (the “Utility Easement”), which established an easement area as shown on Exhibit “A” attached to and incorporated into the Utility Easement (the “Easement Area”) located on certain real property owned by the Grantor as defined in the Utility Easement (the “Property”), by its acceptance hereof Grantee agrees as follows:

  1. Grantee agrees to indemnify Grantor and hold it harmless, up to but not in excess of the limited waiver of sovereign immunity contained in §768.28, Fla. Stat. (2012) from any and all claims for personal injuries, death, or property damage, and any other losses, damages, demands, charges, or expenses whatsoever, including, but not limited to, attorneys’ fees, which arise out of, in connection with, or by reason of Grantee’s exercise of its rights under this Utility Easement, except such loss or damage as may result from the willful or negligent acts of Grantor or its agents, contractors or employees.
  2. Grantor retains the right to utilize the Easement Area for the installation of landscaping/irrigation, utilities, pavement/curbing and fencing (the “Permitted Improvements”). If any of the Permitted Improvements must be removed or disturbed in order for Grantee to make use of the Easement Area for its intended purposes, Grantee shall thereafter restore the Permitted Improvements to as near as practicable their pre-existing condition.
  3. All facilities of Grantee installed pursuant to this Utility Easement shall be installed underground to the extent reasonably practicable.
  4. To the extent reasonably practicable to enable Grantee to exercise its rights under this Utility Easement, Grantee’s rights of vehicular ingress and egress to and from the Easement Area shall be limited to the drives, roads, and parking areas constructed upon the Grantor’s land of which the easement forms a part, and the Grantee’s other rights of ingress and egress to and from the Easement Area shall further be limited to those portions of the Grantor’s land that do not contain vertical improvements.

 

Options:

1.  Authorize Resolution accepting the Addendum to the Utility Easement as presented; or,

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

None

 

Submission Date and Time:    4/3/2013 4:11 PM____

 

Department: _Electric________________

Prepared by:  Sabrina Hubbell ______                     

Attachments:         Yes_X__   No ______

Advertised:   ____Not Required __X___                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head _Paul Kalv_

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

RESOLUTION NO.__________

 

RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO UTILITY EASEMENT BETWEEN THE CITY OF LEESBURG AND HILL/GRAY SEVEN, L.L.C. FOR THE PURPOSE OF AMENDING THE TERMS OF THE CITY'S STANDARD UTILITY EASEMENT FOR THE BOJANGLES RESTAURANT PROJECT ON SOUTH HIGHWAY 441, 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 and directed to execute an Addendum to Utility Easement between the City of Leesburg and Hill/Gray Seven, L.L.C.,  for the purpose of amending the terms of the City’s standard Utility Easement for the Bo jangles Restaurant project on South Highway 441.

 

             THIS RESOLUTION shall take effect upon its passage and adoption according to law.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 8th day of April, 2013.

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

___________________________________

City Clerk