Resolution 7886 RESOLUTION 110. 7886
WHEiAS, the City of iliami Beach did, on the 10th day
of October, A. D. 1951, enter into a written contract with
R. E. Vaughan, Inc. , a Florida Corporation, said contract
being designated as "Contract 67-SR Storm Sewers in Prairie
Ave. Section - 29 thru. 34 Streets", and which contract con-
templated the construction of certain storm sewers therein
described, and
WHEREAS, the City Council of the City of Miami Beach
has determined that the construction of the improvement con-
templated by the said contract is not presently feasible, and
WHEREAS, the City of aiiami Beach and the said li. L.
Vaughan, Inc. , a 21orida Corporation, have mutually agreed
to cancel and annul said contract, and
WHEREAS, the City Attorney has prepared an agreement,
a copy of which is hereto attached, whereby said contract is,
by mutual consent of the parties thereto, cancelled and annulled,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Miami Beach, Florida, that the Mayor and the City Clerk
be and they are hereby authorized and directed to execute the
said agreement for and in the name of said City, cancelling and
annuling the said contract, together with the performance bond
furnished by R. E. Vaughan, Inc. , to the City of Miami Beach.
PASSED and ADOPTED this19th day of December, A. D.
1951.
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Attest: C7C...-j ‘A.lige.r...2.4.4.. ..._
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
THIS AGRE a NIT, Made and entered into this .......... day of
December, D. 1951, by and between the CITY CF !L 1I MACH,
FLORIDA, a municipal corporation, hereinafter called the "City`
and R. E. VAUUGHAN, INC., a Florida Corporation, hereinafter called
the "Contractor";
W I T N E S S E T R s
W EREAS, the parties hereto did on the 10th day of October,
A. D. 1951, enter into a written contract by the teres of which
the Contractor„ in consideration of the compensation in said
contract ;rovided, greed to construct an improvement in said
contract designated as "CO TRACT 67»SR STORM SEWERS IN PRAIRIE
AVE SECTION •• 29 mu 34 STREETS", and
WHEREAS, the City desires to abandon the construction of
the improvement contemplated by said contract and to cancel said
contract, and the Contractor is Wil.linC to forego &ta rights under
said contract and to cancel the samze, and
7. .T17:AS, in connection with said contract the Contractor has
heretofore furnished to the City a performance bond dated October
10, 1951, in the sum of 11,668.00 with Indemnity Insurance Company
of North AMorica, as Surety,
NOW, TnERE ORL, in consideration of the covenants herein can.
tamed, it is hereby agreed between the City and the Contractor
that the said contract between the parties dated October 10, 1951,
be and the same is hereby cancelled, annulled and declared to be
of no effect, and the said City and the said Contractor do hereby
each release the other from any and all obligations of whatsoever
kind by reason of the said contract. The City hereby releases and
discharges the said Indemnity Insurance Company of North America
from any and all obligations which it may have assumed by reason
of said bond given as aforesaid under date of October 10, 1951.
IN WITNESS WHEREOF, the City and the Contractor have caused
these presents to be signed by their duly authorized officers
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
and their respective seals to be affixed, the day and year first
above written.
CITY OF MIAMI BEACH, 11.4RIDA
By
Mayor
Attest:
City Clerk
R. E. VAUGHAN, INC.
By
res n
Attest:
mac l-etary
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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