Fort Walton Beach Ordinance — 1467--Sale of Excess Real Property--S&P Mgt — reading text

the parties, the waiver must be supported by consideration and take the form of an amendment to this Agreement as provided for in the preceding Section. 23. Notice. BFI shall direct all notices and correspondence under this Agreement for the City to: Mr. Reid Silverboard, City Manager City of Fort Walton Beach 107 Miracle Strip Parkway — SW Fort Walton Beach, Florida 32549 City shall direct all notices and correspondence under this Agreement for BFI to: Mr. Brian L. Garrett, General Manager BFI Waste Systems of North America, Inc. 638-D Anchors Street P.O. Box 4430 Fort Walton Beach, Florida 32548 Notices shall be deemed given when received by the party to whom they are directed and shall be sent certified mail return receipt requested, postage prepaid. 24. Assignment. This Agreement may not be assigned, in whole or in part, or any duties delegated, by either party without the prior written consent of the other party, except that BFI may assign its rights and delegate its duties hereunder to a BFI Affiliate. 25. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties. Page 12 26. Entire Agreement. This Agreement embodies the entire agreement of the parties as to the subject matter hereof and supersedes any prior oral or written agreements regarding such subject matter entered into by the parties. 27. Severability. In the event any provision(s) or clause(s) of this Agreement is/are void, invalid, or unenforceable under any federal, state, regional or local laws, regulations or ordinances, the balance of this Agreement shall remain in full force and effect and binding on the parties hereto. 28. Choice of Law. This Agreement shall be deemed to have been made in, and shall be governed by, and construed in accordance with, the laws of the State of Florida. Any and all disputes arising under this Agreement shall be decided under Florida law. 29. Venue. Venue for any and all actions arising out of this contract shall lie in a court of competent jurisdiction in Okaloosa County, Florida. 30. Attorney Fees. In the event any litigation or dispute arises between the parties concerning this agreement, each party shall bear the responsibility of their own attorney fees incurred in the litigation or dispute. 31. Sovereign Immunity. Nothing in this contract shall be deemed a waiver by the City of Fort Walton Beach of its sovereign immunity, nor shall any provision of this contract be interpreted to affect the City’s sovereign immunity. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers or officials as of the date and year first above written. ATTEST wsdl fh dara Helen Spencer, City Clerk Date 12-18-01 Date__ 12-18-01 BFI Waste Services, LLC Emerald Coast Division py Kian S,, Larwtl Brian L. Garrett General Manager Date /27/8~200/ Waste Disposal Agreement Finalrevised2 12-18-01 Last printed 12/18/01 9:29 AM CITY OF FORT WALTON BEACH, FLORIDA WD nde} Naver B (Ged Glove, Mayor Date 12-18-01 Page 14 baily News Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties State of Florida County of Okaloosa Before the undersigned authorized personally appeared Michelle Perry ;who on oath says that (s)he ig Accounting Asst of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a Legal 1548 in the matter of _ Notice of Public Hearing - Ordinance 1467 in the Court, was published in said newspaper in the issues of December 8, 2001 Affiant further says that the said Northwest Florida Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. STATE OF FLORIDA COUNTY OF OKALOOSA 12-8-01 (Date) »who is/are personally known to me or Subscribed and sworn to (or affirmed) before me this by AY ich f \ Personally Known (Type of identification) as identification. has/have produced Notary Public, Commission No, PAMELA 0, STRAWSER My Comm Exp. 8/31/03 No. CC 978638 11 Personally Known {) Other .D. (Name of Notary typed, printed or stamped) . Leg. 1548 CY OF FORT WALTON BEACH, FLORID, NOTICE “OF — PUBLIC HEARING A PUBLIC HEARING will eld on the following proposed ordinance at 3 .m. on Tuesday, December 18, 2001, in the Council Chamber_at Fort Walton Beach City Hall, 107 Miracle strip Parkway, SW, at whic! time the City Council will consider its adoption into law. The ordinance in its entirety may be inspected at the Office of the City Clerk during regular working hours. All ‘inter- ested parties may appear at the meeting’ and be heard with respect to this proposed ordinance. ma IINANCE 1467 TON BEACH RELATING TO SALE OF EXCESS REAL PROPERTY OWNE BY THE CITY; PROVIDING FOR AUTHORITY; PROVIDING FOR FIND- ING OF FACT; PROVID- ING FOR CITY COUNCIL APPROVAL OF _CON- TRACT FOR SALE AND PURCHASE AND THE CONVEYANCE TO S&P MANAGEMENT OF MERCE AND TECHNOL OGY PA CON. TAINING 11.95. ACRES MORE OR LESS; AND AUTHORIZING AND Di- RECTING CLOSING BY THE MAYOR, CITY MAN. AGER AND ‘CITY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Any person who decides to appeal any decision made with respect fo an matter considered at suc hearing will need a record of the proceedings, and for such purpose may need to ensure. that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to e ased FS286.0105}. he City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable modifications for access to this meetin upon request. Please ca the City Clerk, Helen Spencer at 850-833-9509 to make a request. For Hearing Impcire dia 1-800-955-877 {top} . or 1-800-955-3877 VOICE). Requests must e received at least 48 ours in advance of the meeting in order to allow the Cily time to provide requested service. Helen Spencer City Clerk 833-9509 leg. 1548 Dec. 8, 2001