HomeMy WebLinkAboutModification to Item # 8Memo
TO: Mayor and City Council Members
[signature]
VIA: David L.Greene, City Manager
FROM: Todd Morley, Economic Development Director [signature]
DATE: October 15, 2015
RE: Modification of item number 8 to Council Consent Agenda regarding City of
Cape Canaveral/Florida City Gas Streetscape Reimbursement Agreement
The City of Cape Canaveral/Florida City Gas Strcetscape Reimbursement Agreement appears as
item number 8 on the October 20'' City Council meeting Consent Agenda. Subsequent to distribution
of the agenda, Florida City Gas Representatives requested the following modification to Section 19,
regarding the Force Majeure clause:
19. FORCE MAJEURE. Notwithstanding any other provision of this
Agreement, Nneither the City nor the Company shall net be declared at fault or
be subject to any sanction under any provision of this Agreement in any case, in
which performance of any such provision is prevented for reasons beyond either
party's reasonable control.
Staff and the City Attorney agree to the requested modification. Staff requests the Consent
Agenda Motion include for approval the above amendment.
cc: Anthony Garganese, City Attorney
Angie Apperson, City Clerk