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Reso 2020-3107
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Reso 2020-3107
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Last modified
9/1/2021 8:40:10 PM
Creation date
10/5/2020 10:14:38 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3107
Date (mm/dd/yyyy)
09/17/2020
Description
1st Amnd w/Superior Landscape for Parks & Recreational Facilities Landscape Maintenance
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C, Tennination liar Insolvency. The City UNO reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is'placed either in <br />vhhtntary or involuntary bankruptcy or makes any assignnlent for the benefit of <br />creditors. <br />11. CONFIDENTIAL INFORMATION. The C ontractor shall not, either during the term <br />of this Agreement or any time for a period often (10) years subsequent to that date upon which <br />the C',cmtractor shal l leave the employment of the City for Any reason whatsoever, disclose to any <br />person or entity, tither than in the discharge ortbe duties ol'the Contractor under this Agrcctnent, <br />any information which the City designates in kwiting as "confidential." As a violation by the <br />Contractor of the provisions of this Scetit:n could cause irreparable injury to the City and there <br />is no adequate remedy at law for such violation, the City shall have the right, in addition to any <br />other remcdies•available to it at law or in equity, to enjoin the Contractor froilt ViOlOtillg Such <br />provisions, <br />12. WAIVER OF RIGHT TO JURY TRIAL. Filch of the Parties hereto hereby <br />knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in <br />respect or any action, proceeding, litigation or counterclaim basest hereon or arising out of, <br />under, on or in connection with this agreement or any course or conduct, C(itlrse of dealing, <br />statements (whether verbal or written) or actions ol'eilher oi'parly. <br />13. GOVERNING LAW, VENUE AND XrTORNEYS FEE -S. It is Agreed that this <br />Agreement shall be governed by, construed and enloreed in accordance with the laws of tho State <br />of Florida, Venuo for Any legal proceeding shall be in Mialni Dade County, Florida. In the event <br />it becomes necessary i`or the City to file a lawsuit to enforce any term or provision under this <br />Agreement and the City is the prevailing party then the City shall be entitled to its costs and <br />9tt0r1lcy7s fees at the pretrial, trial and appellate levels. <br />14. NOTICES, All notices and other communications required or permitted to be given <br />under this Agreement by either panty to the other shall be in writing and Shall he sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first Class postage prepaid; return <br />receipt requested, (1i) by guaranteed overnight deliver' by a nationally recognized courier <br />service, or (iii) by facsimile with confirmation receipt (with a copy !,simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized ct'usrier service), addressed to 'such pally as follows: <br />I f to the City; <br />if to the Contractor: <br />C:lu•istopher'J, Russo <br />City Manager <br />City of Sunny Isles Beach <br />18070 Collins Ave. <br />Sunny isles Beach, Florida 331 60 <br />Tel: (3175)-792-1701 <br />Maria Valdes <br />Treasurer <br />5unerior i,andscuning- & <br />I o I.0, 41 SUPERJOR LAiJSCAYING R. LAIN' SERME. INC. <br />Willi a copy to: <br />Huns OttillOL, Eml. <br />City Attorney <br />City of Sunray Wes Keach <br />18070 Collins Avenue <br />Sunny Isles Beach, r1orida 131 60 <br />Tel: (305)-792-1702 _ <br />
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