HomeMy WebLinkAboutSolar Light Donation Agreement and Rolling Bill of Sale 20210721CFN 2021193003, OR BK 9201 Page 1706, Recorded 07/26/2021 at 02:42 PM Rachel M.
Sadoff, Clerk of Courts, Brevard County
SOLAR STREET LIGHT DONATION AGREEMENT
1 AND ROLLING BILL OF SALE
THIS AGREEMENT AND ROLLING BILL OF SALE is entered into this2dayof
2021 ("Effective Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA ("Cal+lie
Canaveral"), a Florida municipal corporation, whose address is 100 Polk Avenue, Cape Canaveral,
Florida 32920, and the CITY OF ROCKLEDGE, FLORIDA ("Rockledge"), a Florida municipal
corporation, whose address is 1600 Huntington Lane, Rockledge, Florida 32955.
WHEREAS, the City of Cape Canaveral currently owns approximately ninety-four (94) solar
street lights which are installed and operating within the rights -of -way of the City of Cape
Canaveral; and
WHEREAS, during the next several years, Cape Canaveral will be implementing a solar
street light replacement plan whereby Cape Canaveral will be incrementally replacing the existing
solar street lights with new solar street lights; and
WHEREAS, Rockledge has a need for the old existing solar street lights being replaced by
Cape Canaveral and given said need, Cape Canaveral desires to donate the old solar street lights
to Rockledge, in accordance with the terms and conditions of this Agreement, so Rockledge can
use them for their intended purposes.
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Solar Street Lights. The solar street lights subject to this Agreement are
currently installed within the rights -of -way located within the City of Cape Canaveral, and are
described as Model SEPA200-DS-URB3211-ALC11-DBL-TB-PZ4. A depiction of said solar street
lights is attached to this Agreement as Exhibit "A." At the Effective Date of this Agreement,
there are approximately ninety-four (94) existing solar street lights currently in operation and
f available for donation.
Section 3. Donation. At such time Cape Canaveral has discontinued using 'any of
the existing solar street 'lights, and said solar street lights have been removed and replaced by
Cape Canaveral with a new solar street light Cape Canaveral agrees to donate the removed solar
street light ko Rockledge at no cost. This donation provision shall not apply to any existing solar
street light 'that has been damaged beyond repair or no longer deemed functional by Cape
Canaveral after the Effective Date of this Agreement. Cape Canaveral reserves the right in its
discretion to dispose of and discard any damaged or non-functional existing solar street lights
subject to this Agreement.
Section 4. Pick-up and Transportation. Cape Canaveral will provide written
notice to Rockledge of the removal of any of the existing solar street lights. Upon receipt of said
notice, Rockledge shall have up to fourteen (14) days to take possession of the removed solar
street lights and transport, at Rockledge's expense, the street lights to Rockledge from the storage
location assigned and being used by Cape Canaveral. If Rockledge fails to timely take possession
Pagel of 3
OR BK 9201 PG 1707
and transport the removed solar street lights being stored by Cape Canaveral, Cape Canaveral
may dispose of or discard said solar street lights as it sees fit.
Section S. Rolling Bill of Sale. The following bill of sale provision shall apply at such
time Rockledge takes possession of each and every solar street light in accordance with Section 4
of this Agreement:
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF CAPE CANAVERAL, FLORIDA,
(the "Seller") for and in consideration of the sum of one dollar ($1.00), the receipt of which is
hereby acknowledged, grants, bargains, sells, transfers and delivers unto the CITY OF
ROCKLEDGE, FLORIDA (the "Buyer"), in "AS -IS" condition, all of the Seller's title and interest in
the solar street light which has a Model Number SEPA200-DS-URB3211-ALC11--DBL-TB--PZ4
("Solar Street Light").
Buyer hereby certifies that it has investigated the adequacy and conditions of the
aforementioned Solar Street Light and is satisfied with the "As -Is" condition. Buyer
acknowledges and agrees that Buyer is acquiring title to the Solar Street Light without the benefit
of a warranty and that the Seller makes no representations or warranties, implied or express,
regarding the Solar Street Light. Buyer shall accept the Solar Street Light "as is" and "with all
faults". Further, without limiting or restricting any other rights or benefits that Seller may have
under Florida law regarding potential liability including under sections 768.28 and 768.1315,
Florida Statutes, Buyer agrees to hold the Seller and its employees and contractors harmless from
any and all liability, personal injury, property damage, or death resulting from any and all existing
or future defects, malfunctions, and damages affecting the Solar Street Light in any way
whatsoever. Nothing contained herein shall be construed as a waiver of sovereign immunity of
either Buyer or Seller.
TO HAVE AND TO HOLD, the same unto the Buyer, and Buyer's executors, administrators
and assigns forever.
This Section shall survive termination of this Agreement regarding any Solar Street Light
transferred by Seller to Buyer prior to said termination.
Section 6. Effective Date; Term. The Effective Date shall be the date first
above written upon the execution and delivery hereof by the parties hereto ("Effective Date").
Unless this Agreement is terminated by the Parties, in writing, this Agreement shall remain in full
force and effect until such time Cape Canaveral has transferred possession to Rockledge of each
and every solar street light required to be transferred pursuant to Section 3 of this Agreement.
Section 7. Miscellaneous. This Agreement constitutes the entire agreement
between the Parties related to the subject matter stated herein. This Agreement shall be
governed by Florida law. In the event of any litigation between the Parties arising out of this
Agreement, venue shall be in Brevard County, Florida. Nothing herein shall be construed as a
waiver of either Cape Canaveral's or Rockledge's right to sovereign immunity under Section
768.28, Florida Statutes.
Page 2 of 3
OR BK 9201 PG 1708
IN WITNESS WHEREOF, the Parties have executed this Agreement and Rolling Bill of Sale on the
dates referenced below.
ATTEST:
Goforth, City Clerk
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CITY OF CAPE CANAVERAL
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Date: 61/40/7/
CITY OF ROCKLEDGE
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Brenda Fettrow, City Manager
Date: 7/2.2/202/
Page 3 of 3
OR BK 9201 PG 1709
SEPA200-DS-U RB32II-ALC11-DBL--TB-PZ4
200 Watt Solar Array
THROUGH ANTI —ROTATION
ROD
3'--0 1 /16"-1
9 1/2"
1'-1 5/8""-
1'-3 3/8" -
Urban LED Fixture
32 Watt Type II
BATTERY (2) 8G24SS
DIMENSIONS 10 25"L X 6 5"W X 8 5H
Exhibit "A"
0,2 B
HARDWARE PROVIDED
ITH TRANSFORMER
BASE
ANCHOR DETAIL
(AK8 SHOE BASE)
(4) 1" X 36- HOT DIP
ALVANIZED STEEL ANCHOR
BOLTS, 4" PROJECTION
—015" B C
1'-3 3/8"
ANCHOR DETAIL
(TRANSFORMER BASE)
Drawing Property of SEPCO — Solar Electric Power Company
NO
REVISIONS
DATE
SEPCO
TITLE City of Cape Canaveral
CUSTOMER SEPA200—DS—URB3211
I, r
1521 SE Palm Court
Stuart, FL 34994
T 272220-6615 F 272-220-8616
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SCALE NTSIDATE 4//5/2016
DWG NO
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BY BS