Reso 2011-1826 - Laserfiche WebLink

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Interlocal Agreement by and between the City of Sunny Isles Beach, Florida, and The School Board of Miami-Dade County, Florida or agreement of this Agreement, or breaches a representation contained herein, and such failure or breach continues for a period of thirty (30) days after written notice specifying such default and requesting that it be remedied is sent to the defaulting Party by the non-defaulting Party; provided, however, that if the default is curable but cannot be cured within thilty (30) days, then the defaulting Party shall have such additional time as is reasonably needed to cure such default so long as the defaulting Party promptly commences and diligently pursues the cure of such default to completion. If an event of default shall have occurred and shall continue, the non-defaulting Party shall be entitled to all remedies available at law or in equity which may include, but not limited to, the right to damages and/or specific performance. D. Enforcement of A2reement. Except as set forth in Attachment B, in the event that either Party is required to enforce this Agreement by court proceedings or otherwise, then the Parties agree that each Party shall be responsible for all fees and costs incurred by such Party, including all attorneys' fees and costs (of trial, alternative dispute resolutions, or appellate proceedings). E. Entire A2reement. As it pertains to the Addition, this Agreement embodies the entire agreement of the Parties relating to the subject matter hereof, and supersedes all prior written and/or oral understandings or agreements with respect thereto. F. Amendments. Amendments to the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both Parties. G. Joint Preparation. This Agreement has been negotiated fully between the Parties as an arms-length transaction. Both Parties participated fully in the preparation of the Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both Parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against any Party. H. Assi2nment. This Agreement may not be assigned, in whole or in pmt, by any Party without prior written consent of the other Party, which may be granted or withheld in its sole discretion. The Board agreement to collaborate with the City on the project does not extend to the selection of the design professionals, contractors or other parties engaged by the Board in connection with or for the purpose of performing any of the Board's obligations hereunder, as long as the Board adheres to the applicable state and local laws regulating the selection of such parties. I. Third Party Beneficiaries. This Agreement is solely for the benefit of the Board and the City and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in the Agreement expressed or implied is intended or shall be construed to confer 7 f">." ~.,,: a n uut)