Resolution 238-1979RESOLUTION NO. 238-1979
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE AN AGREEMENT OF RECISION
BY AND BETWEEN MONROE COUNTY, FLORIDA, AND
WASTE MANAGEMENT. INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute an
Angreement of Recision by and between Monroe County, Florida
and Waste Management, Inc., a copy of same being attached
hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
23rd day of October, 1979.
At
C erk
BOARD OF COUNTY COMMISSIONERS
OF MONROE NTY,,,�LORIDA
By
Chairman ``---�-
(Seal)
APPROVEDAS
OY 4L
Aar WS
S
AGREEMENT OF RECISION
This Agreement of Recision is entered into in
duplicate originals as of the 31st day of October, 1979, by
and between MONROE COUNTY, FLORIDA (the "County"), a poli
tical subdivision of the State of Florida, acting as the
Monroe County Municipal Service District, and WASTE MANAGEMENT,
INC., a Delaware corporation ("WMI").
Whereas, the parties hereto had entered into an
Agreement for a Solid Waste Disposal System dated March 1,
1979 (the "Agreement"), and;
Whereas, through no fault of the parties hereto
circumstances have changed substantially, making it impos-
sible for either party to perform as originally contemplated
by the Agreement, and;
Whereas, the parties agreed at a meeting of the
Board of County Commissioners on October 23, 1979, to mutually
rescind the Agreement of March 1, 1979 under the terms and
conditions set forth herein;
Now Therefore, the parties hereto agree as_follows:
1. The County and WMI, under the terms and conditions
hereof, hereby mutually rescind the March 1, 1979 Agreement
and release any and all claims, one against the.other, in
connection therewith.
2. In consideration of such mutual recision, the
County has agreed to purchase, and WMI has agreed to sell,_
all engineering drawings and permits in the possession of,
WMI related to the project contemplated by the Agreement for
the sum of One Hundred and Twenty Thousand Dollars ($120,.000..00),
to be paid by.check simultaneously with'the return of an
executed original hereof to WMI. WMI shall immediately make
all such drawings, permits and related materials. -available
to the County and shall, at the request of the County, make
its engineer most directly involved with'the project avail-
able to the.County at no cost for oneday, to review all
such materials with the County Attached hereto are invoices
and other doc,_, me„ts establishing I -,TV s outmof-pocket costs
of obtaining the drawings and permits, which costs exceed',
the sum to be reimbursed by the'Ccunty.
AGREEMENT OF RECISION
This Agreement of Recision is entered into in
duplicate originals as of the 31st day of October, 1979, by
and between MONROE COUNTY, FLORIDA (the "County"), a poli
tical subdivision of the State of Florida, acting as the
Monroe County Municipal Service District, and WASTE MANAGEMENT,
INC., a Delaware corporation ("WMI").
Whereas, the parties hereto had entered into an
Agreement for a Solid Waste Disposal System dated March 1,
1979 (the "Agreement"), and;
Whereas, through no fault of the parties hereto
circumstances have changed substantially, making it impos-
sible for either party to perform as originally contemplated
by the Agreement, and;
Whereas, the parties agreed at a meeting of the
Board of County Commissioners on October 23, 1979, to mutually
rescind the Agreement of March 1, 1979 under the terms and
conditions set forth herein;
Now Therefore, the parties hereto agree as_follows:
1. The County and WMI, under the terms and conditions
hereof, hereby mutually rescind the March 1, 1979 Agreement
and release any and all claims, one against the.other, in
connection therewith.
2. In consideration of such mutual recision, the
County has agreed to purchase, and WMI has agreed to sell,_
all engineering drawings and permits in the possession of,
WMI related to the project contemplated by the Agreement for
the sum of One Hundred and Twenty Thousand Dollars ($120,.000..00),
to be paid by.check simultaneously with'the return of an
executed original hereof to WMI. WMI shall immediately make
all such drawings, permits and related materials. -available
to the County and shall, at the request of the County, make
its engineer most directly involved with'the project avail-
able to the.County at no cost for oneday, to review all
such materials with the County Attached hereto are invoices
and other doc,_, me„ts establishing I -,TV s outmof-pocket costs
of obtaining the drawings and permits, which costs exceed',
the sum to be reimbursed by the'Ccunty.
IN WITNESS WHEREOF the County has caused this
Agreement of Recision to be executed in its name by the
'Chairman of the County Commissioners, attested by the Clerk
of the Board of County Co.*nmissioners and has caused the seal
of said Board of Countl-y Commissioners to be attached hereto,
and WMI has caused this Agreement to be executed in its name
by its President, attested by its Secretary and has caused
its seal to be attached hereto, all as of the day and year
first above written.
ATTEST: MONROE COUNTY, FLORIDA by its
BOARD OF COUNTY COMMISSIONERS
acting as the MONROE COUNTY
MUNICIPAL SERVICE DISTRICT
Clerk airm n, ±
(seal)
ATTEST:
Pe a H.
WASTE MANAGEMENT, INC.
BY: C j��L
zi n Secretary H. Wayn %Huizenga).Pfesident
JU.
(seal