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Reso 2022-3432
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Reso 2022-3432
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Last modified
12/19/2022 4:11:49 PM
Creation date
12/19/2022 4:01:59 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2022-3432
Date (mm/dd/yyyy)
11/17/2022
Description
Approving an agreement w/ Breezeline, formerly Atlantic Broadband for conversion of overhead facilities to underground along Atlantic Blvd cooridor.
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be complete by a certain date or within a certain time period is an estimate and not binding <br />on BREEZELIKE, its agents and employees, Estimated completion dates, special <br />construction work, and all other obligations of BREEZELINE under this Agreement are <br />subject to circumstances outside the reasonable control of BREEZELIKE, including, but <br />not limited to: acts of God, flood, extreme weather, .fire explosion, natural calamity, <br />terrorism, any moratorium, law, order, regulation, action or inaction of any governmental <br />entity or civil or military authority, power of utility failures, fiber or cable cuts caused by <br />third parties, unavailability of right -of -way, national emergencies, insurrection, riots, wars, <br />strikes, lock -outs, work stoppages or other labor difficulties, pole hits or material shortages. <br />I. In the event of termination of this Agreement for any reason in advance of completion of <br />the Conversion of the Overhead Facilities, the CITY shall have no claim or remedy against <br />BREEZELINE for any alleged delay in the Conversion of the Overhead Facilities. <br />J. If the CITY initiates changes in the scope of the Conversion of the Overhead Facilities to <br />the Underground Facilities in the CITY ROW after the date of this Agreement or there <br />exists a condition in the field or other relevant circumstances that were presumed in <br />preparing the conversion hereunder, BREEZELINE may require the CITY to reimburse <br />BREEZELIKE for any such additional work. <br />15. Notice. Any notice, instruction or other communication to be given to either party <br />hereunder shall be inwriting and shall be hand delivered, telecopied, sent by Federal Express or a <br />comparable overnight service or by U. S. registered or certified mail, with return receipt requested <br />and postage prepaid to each party at their respective addresses set forth below: <br />As to CITY: <br />City of Sunny Isles Beach 18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />ATTN: City Manager <br />As to BREEZELIKE: <br />3 Batterymarch Park, Ste 200 <br />Quincy MA 02169 <br />ATTN: General Manager <br />[SIGNATURE PAGE TO FOLLOW] <br />Page 5 of 6 <br />
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