R26-045 RESOLUTION NO. R26-045
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF OWNERSHIP OF
3 THE SOLAR CANOPY SYSTEM AT BARRIER FREE PARK FROM FLORIDA
4 POWER& LIGHT COMPANY,AND APPROVING THE TERMINATION OF
5 THE SOLAR LEASE AND EASEMENT AGREEMENT AND
6 MEMORANDUM OF SOLAR LEASE AND EASEMENT AGREEMENT;AND
7 FOR ALL OTHER PURPOSES.
8
9 WHEREAS, Florida Power & Light Company ("FPL") installed solar canopy infrastructure at
10 Barrier Free Park under a Solar Lease and Easement Agreement dated August 15, 2017, approved
11 by Resolution No. R17-006 on January 17, 2017. FPL has agreed to transfer ownership of the solar
12 canopy system and associated equipment to the City of Boynton Beach through a Quit Claim Bill
13 of Sale; and
14 WHEREAS, as part of this action, the parties will also need to execute a Notice of
15 Termination of the Solar Lease and Easement Agreement and Memorandum of Solar Lease and
16 Easement Agreement; and
17 WHEREAS, approval of this item will allow the City to accept ownership of the solar canopy
18 infrastructure; and
19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
20 best interests of the City's citizens and residents to approve the acceptance of ownership of the
21 Solar Canopy System at Barrier Free Park from Florida Power & Light Company, and approve the
22 Termination of the Solar Lease and Easement Agreement and Memorandum of Solar Lease and
23 Easement Agreement.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
26 BEACH, FLORIDA, THAT:
27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption.
29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
30 approve the acceptance of ownership of the Solar Canopy System at Barrier Free Park from FPL.
31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
RESOLUTION NO. R26-045
32 approve the Notice of Termination of Solar Lease and Easement Agreement and Memorandum
33 of Solar Lease and Easement Agreement between FPL and the City (the "Notice of Termination"),
34 in form and substance similar to that attached as Exhibit A.
35 SECTION 4. The City Commission of the City of Boynton Beach, Florida, does hereby
36 approve the Quit Claim Bill of Sale between FPL, the seller, and the City, the buyer, in form and
37 substance similar to that attached as Exhibit B.
38 SECTION 5. The City Commission of the City of Boynton Beach, Florida, hereby
39 authorizes the Mayor to execute the Notice of Termination and the Quit Claim Bill of Sale. The
40 Mayor is further authorized to execute any ancillary documents as may be necessary to accomplish
41 the purpose of this Resolution.
42 SECTION 6. This Resolution shall take effect in accordance with the law.
43
44 [SIGNATURES ON THE FOLLOWING PAGE]
45
RESOLUTION NO. R26-045
46 PASSED AND ADOPTED this oD . ) day of Cr-)Q L-\""\ 2026.
47 CITY OF BOYNTON BEACH, FLORIDA
48 YES NO
49 Mayor- Rebecca Shelton v---
50
51 Commissioner- Mack McCray _1. --
52
�52
53 Commissioner-Angela Cruz _Cc-
54
55 -Thomas Turkin v
56
tV
57 Commissioner-Aimee Kelley
58 6
59 VOTE D
60 ATTEST:
61
62 GMK / 2&I.c--Q- )/
63 Tammy Starizione, CM&- " RXebecca Shelton
64 Deputy City Clerk - 'N BEMayor
65 �'���.O'.... E,�.A`C.y`‘t11
66 i m,•'� �Y p•; li APPROVED AS TO FORM:
67 (Corporate Seal) i o o• . Qo`�-
68 111 GOQ`°)(-1/ ff.i /y��
69 1 J �' . /� 4
70 " F ' Shawna G. Lamb
71 City Attorney