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Reso 2020-3108
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Reso 2020-3108
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Last modified
9/6/2022 11:30:54 AM
Creation date
10/5/2020 11:58:25 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3108
Date (mm/dd/yyyy)
09/17/2020
Description
1st Amnd w/Lukes' Assignment Agmt; 2nd Amend w/Brightview for right-of-way & maint.
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person or entity, other than in the, discharge of the duties of the Contractor under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation, by the <br />Contractor of the provisions of this Section could cause irreparable injury to the City and there <br />is no adequate rcmedy at law for such violation, the City shall have the right, in addition to any <br />other remedies available to it at law or hi equity, to enjoin the Contractor froom violating such <br />pmvisicrns.' . <br />12. ,WAIVER OF RIGHT TO JURY„ TRIAL. Each of the parties hereto hereby <br />knowingly, voluntarily lard intentionally, waive the right which any may have to a jury trial. in <br />respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, <br />under, on or in connection with this agrccment or any course of conduct, course of deArig, <br />statements (whether verbal or written) or actions of either of party. <br />13. GOVERNING SLAW, VENUE AND A')<-l<0RNFYS _SEES. It is agreed that this <br />Agreement shall be governed by, construed and enforced in accordance with the laws of the State <br />of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event <br />it becom s -necessary for the City to file a lawsuit to enforce any term or provision under this <br />Agreement and the City is the prevailing patty then the City shall be entitled to its *oats and <br />attorney's fees at the pretrial, trial and appellate levels. <br />14. N_tMGJF, . All notices and other communications required or permitted to be given <br />undcr this Agreement by either party to the other -shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postap propaid, return <br />receipt requested, (ii) by guaranteed ' overnight delivery by a nationally recognized o wrier <br />service, or (iii) by facsimile with confirmation receipt (with a. copy simultaneously sent by <br />-certified or registered ;nail, first class postage prepaid, return receipt requesters or by overnight <br />delivery by traditionally recognixcd courier service), addressed to such pity as follows: <br />If to the. City: <br />Christopher J. Russo <br />with a copy to., <br />City Manager <br />Mons 4ttinot, Esq. <br />City of Sunny Isles Mach <br />City Attorney <br />18070 Collins Ave. <br />City of Sunny rales Beach <br />Sunny Isles l?leaelt, Florida 33160 <br />18070 Collins Avenue <br />Tel: (305)-792-1701 <br />Sunny isles Beach, Florida 33160 <br />Tel: (305)-792-1702 <br />if to the Contractor: <br />Luke Facarazzo <br />Dimetor of Municipalities & Key <br />Accounts <br />Lukes Landscaping, [no, <br />2711 SW 36t Street <br />Dania Reach, FL 33312 <br />Tei: (954) 43 3-1t11 <br />Fax: (954) 433-1111 <br />E-mail., UpLealslongt.com <br />1 s, PUgL1QREQ2RQS. The Contractor shall be required to comply with the following <br />requirements under Florida's Public Records, Low: <br />095-14tZ LUKES I,ANDkAmNG, rNC.' <br />
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