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 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.
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. Authorize Resolution accepting the Addendum to the Utility Easement as presented; or,
2. Such alternative action as the Commission may deem appropriate
Prepared by: Sabrina Hubbell ______
Attachments: Yes_X__ No ______
Advertised: ____Not Required __X___
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head _Paul Kalv_
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF 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.