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Reso 2025-3795
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Reso 2025-3795
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Last modified
6/12/2025 12:11:55 PM
Creation date
6/11/2025 12:12:25 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3795
Date (mm/dd/yyyy)
02/20/2025
Description
Approving an Off-System Construction & Maintenancde Agreement w/ FDOT for Pedestrian Safety Improvements from S State Rd 826 to N 178 & Collins.
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FM# 451053-1 <br />Page 8 of 13 <br />funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 <br />year, but any contract so made shall be executory onlyfor the value of the services to be rendered <br />or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated <br />verbatim in all contracts of the department which are for an amount in excess of $25, 000 and <br />which have a term for a period of more than 1 year. " <br />16. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's <br />sovereign immunity protections, or as increasing the limits of liability as set forth in Section <br />768.28, Florida Statutes. <br />17. A modification or waiver of any of the provisions of this Agreement shall be effective only if <br />made in writing and executed with the same formality as this Agreement. <br />18. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof <br />found to be unlawful or unenforceable shall be severable and shall not affect the validity of the <br />remaining portions hereof. Venue for any and all actions arising out of or in any way related to <br />the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a <br />state court of appropriate jurisdiction in Leon County, Florida. <br />19. No term or provision of this Agreement shall be interpreted for or against any party because that <br />party's legal counsel drafted the provision. <br />20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first <br />class United States Mail, facsimile transmission, hand delivery or express mail. Notices shall be <br />deemed to have been received by the end of five (5) business days from the proper sending thereof <br />unless proof of prior actual receipt is provided. Unless otherwise notified in writing, notices shall <br />be sent to the following: <br />To the CITY: <br />Stan Morris, City Manager <br />18070 Collins Ave. <br />Sunny Isles Beach, Florida 33160 <br />To the Department: <br />Director of Transportation Operations <br />State of Florida, Department of Transportation <br />Rev. 10/24 <br />102 <br />
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