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Resolution 185-1979 RESOLUTION NO.185 - 1979 RESOLUTION NOTIFYING WASTE MANAGEMENT, INC. OF COUNTY'S POSITION THAT FORCE MAJEURE PROVISIONS OF AGREEMENT ARE INAPPLICABLE AND CONTRACTOR IS EXPECTED TO PROCEED WITH CONSTRUCTION OF THE KEY LARGO INCINERATOR. WHEREAS, by letter of July 24, 1979 from Mr. Harold Gershowitz, Senior Vice President of Waste Management, Inc., the Board of County Commissioners of Monroe County, Florida was informed that the corporation was invoking the Force Majeure provisions of the Agreement between the parties pending assurances from the Federal Government that it will not now, or in the future, take steps to enjoin the corporation from completing and/or operating the Key Largo incinerator, and WHEREAS, the Board wishes to go on record affirmatively objecting to the wrongful invocation of force majeure provisions by the corporation and to further go on record with said company that the Board of County Commissioners expects said contractor to move expeditiously forward with the completion of the Key Largo incinerator site in accordance with the provisions of the Agreement entered into by and between the parties, now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA as follows: 1. That Waste Management, Inc. be and they are hereby notified that the provisions of paragraph 13 of the parties Agreement relating to Force Majeure provisions are inapplicable and inappropriate to the facts and circumstances relating to the Key Largo Incinerator as set forth in the letter of Mr. Harold Gershowitz of July 24, 1979 to Mr. William Roberts. 2. That the Board of County Commissioners of Monroe County, Florida expects Waste Management, Inc. to perform fully all provisions of the parties' Agreement relating to the construction and operation of an incinerator at the Key Largo Site. APPROVED ON ~-/~~ BOOK ''"I'' __ PAGE__1Q~____ L(o -2- BE IT FURTHER RESOLVED that a true copy of the foregoing Resolution be mailed to Mr. Harold Gershowitz, Waste Management, Inc., 900 Jorie Boulevard, Oak Brook, Illinois 60521. RESOLVED in Regular Meeting at Key West, Florida this 14th day of August, A.D. 1979. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: L~~ c~airman Attest: ( ~~~:*-& I HEREBY CERnn th~t t~ls d~n;mne':it h:ls been ~~C1'iJfe\~;n,~; yor r !.'J';~~ !;;J'r.;~:;:t~~~GV z~~~d CO.~~t2;~t ;ij~1d "~~,r~ th:: sariiiS 1~r:>stZ. \~~/~t~~ fny approval. (2. eo... :." ~,,.-aa.r-- RICHARD (i, PAYWE Asst. County Att{srn~y 2.IJ