Reso 2007-1101 - Laserfiche WebLink

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3. NATURAL DISASTERS The CITY shall not be responsible for the clean-up, removal and disposal of debris from the DEPARTMENT'S right of way having limits described by Attachment "A", or subsequent amended limits mutually agreed to in writing by both parties following a natural disaster (i.e. hurricane, tornados, etc.). However, the cost of any cycle or part thereof that could be impaired by any such event may be deducted from the payment to the CITY. 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in ef fect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the CITY MANAGER, to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 4.1. Maintain the median or roadside area declared deficient with DEPARTMENT and/or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or 4.2. Terminate this AGREEMENT. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: Memorandum of Agreement Contract No. BDH38 Financial Number: 40339317203 3