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HomeMy WebLinkAboutBrewer Paving & Development Notice of Termination NOTICE OF TERMINATION THIS NOTICE OF TERMINATION ( "Termination ") is made and entered into by and between THE CITY OF CAPE CANAVERAL, a Florida municipal corporation ( "City "), and BREWER PAVING & DEVELOPMENT, INC., a Florida corporation, ( "Brewer "). RECITALS WHEREAS, the City and Brewer entered into that Ridgewood Avenue Improvements Construction Agreement ( "Agreement ") dated December 29, 2009, for Phase I, Phase II and Phase III of the Ridgewood Avenue Improvements; and WHEREAS, the City and Brewer desire to terminate the Agreement and enter into two (2) separate construction agreements, one for the Phase I and III Ridgewood Avenue improvements, and one for the Phase II Ridgewood Avenue improvements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this Assignment. 2. Termination of Agreement. The City and Brewer hereby mutually consent to the termination of the Ridgewood Avenue Improvements Construction Agreement dated December 29, 2009. Upon full execution of this Termination by both parties hereto, the Agreement shall become null and void and shall have no further force or effect. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have executed this Notice of Termination on the last date written below. CITY: BREWER: CITY OF CAPE CANAVERAL, Brewer Paving & Development, Inc., a Florida municipal corporation. a Florida corporation. ye-646er\ 01' Angela Apperson, Acting City Manager Print Nam;. ' -IL, Title: I'th Date: 2- /5 // Date: Z' 5.-0