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Reso 2024-3718
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Reso 2024-3718
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Last modified
10/31/2024 9:52:57 AM
Creation date
10/30/2024 4:27:15 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3718
Date (mm/dd/yyyy)
09/19/2024
Description
Agreement w/ MBR Construction, Inc., to repair, remediate, and resurfacer the City's Pedestrian Bridge at North Bay Road.
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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 <br />documents and perform such acts as shall reasonably be requested of it to carry out this <br />Agreement and give effect hereto. Accordingly, without in any manner limiting the <br />specific rights and obligations set forth in this Agreement, the parties declare their <br />intention to cooperate with each other in effecting the terms of this Agreement. <br /> <br /> <br />12.4!Time is of the Essence. For the purposes herein, the parties agree that time shall be of the <br />essence of this Agreement and the representations and warranties made are all material <br />and of the essence to this Agreement. <br /> <br />12.5!Captions and Paragraph Headings. Captions and paragraph headings contained in this <br />Agreement are for convenience and reference only and in no way define, describe, extend, <br />or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. <br /> <br />12.6!Gender. All terms and words used in this Agreement, despite the number and gender in <br />which used, shall be deemed to include any other gender or number as the context or the <br />use thereof may require. <br /> <br />12.7!Severability. In the event any term or provision of this Agreement shall be determined by <br />appropriate judicial authority to be illegal or otherwise invalid, such provision shall be <br />given its nearest legal meaning or be construed or deleted as such authority determines, <br />and the remainder of this Agreement shall be construed to be in full force and effect. <br /> <br />12.8!Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and <br />construed in accordance with and governed by the laws of the State of Florida. Jurisdiction <br />of any controversies or legal problems arising out of this Agreement, and any action <br />involving the enforcement or interpretation of any rights hereunder, shall be exclusively <br />in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and <br />venue for litigation arising out of this Agreement shall be exclusively in such state courts, <br />forsaking any other jurisdiction which either party may claim by virtue of its residency or <br />other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, <br />CONTRACTOR AND SHERIFF HEREBY EXPRESSLY WAIVE ANY RIGHTS <br />EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br />LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO <br />WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT <br />OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY <br />OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST <br />FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE <br />ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING <br />THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE <br />AWARDED BY THE COURT IN ADJUDICATING THE MOTION. <br />CONTRACTOR SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO <br />THE PROVISIONS OF THIS AGREEMENT <br /> <br />24 <br /> <br />
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