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2017-059
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2017-059
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Last modified
5/4/2017 10:10:45 AM
Creation date
5/4/2017 10:10:42 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
05/02/2017
Control Number
2017-059
Agenda Item Number
8.F.
Entity Name
Florida East Coast Railroad
Subject
Construction of Utility Improvements
Subgrade water and forced main crossings
Area
69th St./ Old Dixie
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J.R. SMITH, CLERK <br /> 23- Either party hereto"have theright to cancel this agreement as to anyone or more of the existing crossings, <br /> apPE01100S,ftftmorfacilities as shown on the attached Schedule or to any future crossings,applicesfixturesorfacilitics <br /> an <br /> at any time Upon thirty(30)days'notice in writing to the other party, <br /> 24. This agreement shall be for a term of one(])year and shall be auto,matically-remewe&for additional term of <br /> one(1)year subject to the t=7113 and conditions herein contained PROVIDED ALWAYS-that this agreement shall be <br /> 96jcd to cal-9"On during the initial term or of any renewal term,in the manner herein <br /> 21 before provided in Paragraph No. <br /> 25. That this agreement shall be binding upon the successors or the heirs and assigns of Licensee and none of-the <br /> covenants or agreements herein contained sliall,be waived or modified exoept by both parties hereto in writing and no alleged <br /> verbal waiver or modification shall be binding under any circumstances. <br /> 26. 'IfLicensee be a municipality cr a public or quasi public oorpor#tion then it agrees that no assessment or other <br /> .charges or any-nature whatsoever shall be levied or made against the Railway or against its property on account orlhe <br /> installation or existence of Licensee's facilities at this loc4tioL <br /> 27- NON-PAYMENT- It is expressly agreed by and between the parties liatto that any obligations of the <br /> Licensee under the tams of this agreementwhich,are not paid within thirty(30)clays of presentation of bills for same by the <br /> Railway shall beaftftestat the tare ortwelve percent(1211/6)per annum from,the date of presentation of the bill until wine <br /> shall be paid. <br /> 28, This Agreement shall be construed in accordance with the laws of the State of Florida. <br /> 29. ThisAgreement shall constitute the entire understanding of the parties on the subject matter hereof and each <br /> adcnowledges and Am=that no promises,agreements.representations,lam or conditions other than contained and set <br /> forth in this Agreement,either cW=ofimplied,We been made or relied upon, <br /> 30. RAILWAY AND LICENSER HEREBY KNOWINGLY, VOLUNTARILY AND <br /> DTENTIONALLY <br /> WAIVE 7WRICHT THAT TIDY MAY HAVE TO A TRIAL BY JURY INRESPECT To ANYLMGATION BASED <br /> 014 TM AGREEI&M,OR ARISING OUT OF,UNDER OR IN CONNECTION WITH THIS AGREEMENT.THE <br /> PARTIES SPECIFICALLY AGREE TO VENUE IN DADE COUNTY,FLORIDA- <br /> 3 1. In the event of litigation between the parties in connection with this Agreement,the prevailing party shall be <br /> entitled to a reasonable attorneys fee. <br /> Z37-".AOM <br /> 4 <br />
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