2006-003 Terminates AshBritt AgreementRESOLUTION 2006-03
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO
EXECUTE AND DELIVER TO ASHBRITT ENVIRONMENTAL THE LETTER ATTACHED
AS EXHIBIT "A", WHICH LETTER TERMINATES THE AGREEMENT BETWEEN THE
VILLAGE OF NORTH PALM BEACH AND ASHBRITT ENVIRONMENTAL FOR
FAILURE OF ASHBRITT ENVIRONMENTAL TO PERFORM TERMS OF THE
AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
authorize and direct the Village Manager to execute and deliver to AshBritt Environmental the
letter attached as Exhibit "A", which letter terminates the Agreement between the Village of
North Palm Beach and AshBritt Environmental for failure of AshBritt to perform terms of the
Agreement.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 12th DAY OF JANUARY, 2006.
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MAYO
ATTEST:
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VILLAGE CLERK
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THE VILLAGE OF
.IAN 1 7 2006
B'Y, ---------1
NORTH PALM BEACH
VILLAGE HALL, 501. U.S. HIGHWAY 1, NORTHPALM BEACH, FL 33408
TELEPHONE: (561) 841-3380 ~ FAX: (561.) 848-344
January l 7, 2006
AshBritt Enviromnental
Attn: Don Madio, Director of Marketing
3840 Tarian Court
Palm Harbor; Florida 34684-2459
Subject: Termination of Agreement
Dear Mr. Madio,
Article 10 of the contractual Agreement between the Village of North. Palm Beach and' your
company gives the Village of North Palm Beach a right to terminate at the Village's convenience upon
written notice
The Village of North Palm Beach recognizes that your company did 1~ot respond to our "Notice to
Proceed" letter issued by the Vil}age Director of Public Services on October 25, 2005 following the
passage of Hurricane Wilma. Because. your company did not perform under the terms of our agreement
(executed September 1, 2004) there is cause for the Village to terminate this agreement with you. The
Village hereby notifies you that termination of our agreement wil} become effective in seven (7) days
from today's date in accordance with Article 10, Termination of Agreement of the contract which states:
"The obligation to continue Services under this Agreement tnay be terminated for cause by
either party upon seven (7) days written notice of substantial :failure to perform in accordance
with the terns hereof through no fault of the terminating party."
Sincerely,
,~'~
Mark Bates
Village Manager
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