Reso 2015-2482 - Laserfiche WebLink

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adjustment, as long as the materials remain within the PROJECT LIMITS. b. In the event that the DEPARTMENT is required to replace the sidewalk at any time as part of maintenance activities, a roadway project, or related construction activities, the DEPARTMENT shall replace the same as a concrete type sidewalk, and the CITY' s maintenance obligations under this AGREEMENT shall terminate . However, the CITY may, with the approval of the DEPARTMENT, upgrade the sidewalk type at its sole cost and expense with the understanding that the CITY shall assume all maintenance obligations for the upgraded sidewalk, and enter into a new maintenance agreement . 7 . TERMINATION In addition to the provisions of Section 6 (b) hereunder, this AGREEMENT is subject to termination under any one of the following conditions : a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. b. In accordance with Section 287 . 058 (1) (c) , Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT unless the records are exempt from Section 24 (a) of Article I of the State Constitution and Section 119 . 07 (1) , of the Florida Statutes . c. If mutually agreed to by both parties, upon thirty (30) days written advance notice . An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. d. By the CITY, upon thirty (30) days advance written notice to the DEPARTMENT. Prior to termination of the AGREEMENT under this Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach Page 6 of 12