Termination of Agreement~f y~/v ~ o~p- 27 C/!~
_ TERMINATION OF JOINT PARTICIPATION AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE CITY OF MIAMI BEACH
This Termination Joint Participation Agreement AI494, executed on June 14, 2000 (the
` "Contract"), incorporated herein by reference, between the City of Miami Beach, a municipal corporation
of the State of Florida ("CITY"), and the State of Florida Department of Transportation, acomponent
. agency of the State of Florida ("DEPARTMENT"), for milling and' resurfacing on State Road (S_R.)
A1A/Collins Avenue from 5th Street to 15th Street ("PROJECT"), programmed under. Financial Project
Nu,~rs 250236-1-38-01, 250236-1-58-01 and 250236-1-68-01, is entered into as of this" ~_ day of
J~Idtt2 ~, 20~(Effective Date.)
RECITALS:
WHEREAS, the CITY and the DEPARTMENT entered into the Contract to complete the ,
PROJECT,~approved pursuant to CITY Resolution No. 2000-23944, in the total amount of Two Million
Fifty Five Thousand Six Hundred Eleven Dollars ($2,055,611) for estimated Project costs; and
WHEREAS, the Contract was amended on November 14, 2002 (pursuant to CITY Resolution No.
2002-25036), to increase the total amount to Two Million Two Hundred .Eight Thousand Six Hundred
Thirty Dollars ($2,208,630) for estimated PROJECT costs; and
WHEREAS, at this time; it is not in the best interest of the CITY to undertake this PROJECT while
other CITY capital projects are underway;- and
WHEREAS, the parties have mutually agreed to terminate the Contract, without any liability to
either party; and
NOW THERFORE, for good and valuable consideration the receipt and efficiency of which is
hereby acknowledged the parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above true and correct and incorporated by
reference.
2. Termination of the Contract. The Contract is hereby terminated upon the Effective Date, and
except for those provisions in the Contract that expressly survive termination, each party is
hereby released of their respective obligations thereunder.
3. Successors and Assigns. This Termination Agreement shall be binding upon and inure to the
benefit of the CITY and the DEPARTMENT and their respective successors and assigns.
4. Counterparts. This Termination Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
,.
In Witness Whereof, City and,.Department, intending to be legally bound, have executed this Termination
Agreement as of the day and year first set above.
CITY OF MIAMI BEACH:
By:
Cty. ana er
.ATTEST:
(SEAL) ~~ AA
- w~ li~
B
Y
City Clerk
'14PPROVED AS TO
°'.fO,RM~`& LANGUAGE
8~ FAN CUTION
° ~_~_~o
omey ~~
...
STATE OF FLOI~iDA, C~PARTMENT OF
TRANSPORTA ON: //
By:
District
ATTEST: ~~1~;.---=--' =;
(SEAL) ~j~ ..~... ~; . ~ `. -~
Executive~Secretary 4 ..~,, ~F ` -~
LEGAL V W: ~~~~ - ~""
~~.
Di trict Chief Counsel