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Reso 2008-1338
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Reso 2008-1338
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Last modified
7/1/2010 9:42:51 AM
Creation date
2/26/2009 11:04:26 AM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
R2008-1338
Date (mm/dd/yyyy)
10/16/2008
Description
North Miami Beach Atlantic Isles Water Main Agrmt
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<br />by cl:rtified ur registered mail. first class postage prepaid. rl:turn receipt requested or by <br />overnight delivery by traditionally recognized courier service), addressed to such party as <br />tollows: <br /> <br />If to the City: A. John Szerlag I With a copy to: <br /> City Manager I Hans Gttinot <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins A venue City of Sunny Isles Beach <br /> fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305) 791-1701 Sunny Isles Beach. Florida <br /> 33160 <br /> Tel: (305) 792-1702 <br />If to NMB: Kelvin L. 13aker With copy to: <br /> City Manager Howard Lenard <br /> City of North Miami Beach City Attorney <br /> 17050 N.E. 19th Avenue City of North Miami Beach <br /> North Miami Beach, Florida 33162 17050 N.E. 19th Avenue <br /> Tel: (305) 948-2983 North Miami Beach, Florida <br /> 33162 <br /> <br />Section 17. Severability In the event that any section, paragraph. sentence. clause or <br />provision hereof is held by a court of competent jurisdiction to be invalid. such shall not affect <br />the remaining portions of this Memorandum and the same shall remain in full force and efTect. <br /> <br />Section 18. Joint Preparation The preparation of this Interlocal Agreement has been a <br />joint etTort between the Parties and the resulting documents shall not. solely as a matter of <br />judicial construction, be construed more severely against one of the parties than the other. <br /> <br />Section 19. Headines Captions and headings in this Interlocal Agreement are for ease of <br />reference only and do not constitute a part hereof and shall not affect the meaning or <br />interpretation of any provisions herein. <br /> <br />Section 20. Waiver. The failure to either party to insist on the strict performance of any <br />of the terms or conditions hereof shall not be deemed a wai ver of any rights or remedies that said <br />party may have for any subsequent breach, default or non-performance, and said party's right to <br />insist on strict performance of this lnterlocal Agreement shall not be affected by any previous <br />waiver of course or dealing. <br /> <br />Section 21. Uncontrollable Circumstances ("Force Majeure"): The Parties will be <br />excused from the performance of their respective obligations under this Interlocal <br />Agreement when and to the extent that their performance is delayed or prevented by any <br />circumstances beyond their control including. tire. tlood. explosion. strikes or other labor <br />disputes. act of God or public emergency. war. riot. civil commotion. malicious damage. <br /> <br />Page 5 <br />
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