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
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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
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