My WebLink
|
Help
|
About
|
Sign Out
Home
Agmt 2006 American Golf Corp
CityHall
>
City Clerk
>
City Council
>
Agreements
>
2006
>
Agmt 2006 American Golf Corp
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/23/2007 4:02:34 PM
Creation date
1/23/2007 4:02:31 PM
Metadata
Fields
Template:
CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/22/2006
Retention
PERM
Document Relationships
Reso 2006-108
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
14
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br />16. ASSIGNMENT; SUCCESSORS AND ASSIGNS. Neither party may transfer or assign <br />this Agreement or any part thereof without the other party's prior written consent. Consent to <br />assignment shall not be unreasonably withheld, conditioned or delayed. Any successor or <br />assignee shall execute a written acceptance of all provisions of this Agreement before the <br />assignment shall be effective. Any attempt to assign without prior written approval and <br />acceptance shall be void. <br /> <br />17. CONSTRUCTION. The provisions of this Agreement should be liberally construed to <br />effectuate its purposes. The language of all parts of this Agreement shall be construed simply <br />according to its plain meaning and shall not be construed for or against either party, as each party <br />has participated in the drafting of this document and had the opportunity to have its counsel <br />review it. Whenever the context and construction so require, all words used in the singular shall <br />be deemed to be used in the plural, and all masculine shall include the feminine and neuter, and <br />VIce versa. <br /> <br />18. COOPERATION. The Parties shall apply their reasonable best efforts to obtain any <br />approvals needed to implement this Agreement. The Parties shall, whenever and as often as <br />reasonably requested to do so by the requesting party, execute, acknowledge and deliver, or <br />cause to be executed, acknowledged and delivered, any and all documents and instruments as <br />may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry <br />out the intent and purposes of this Agreement, provided that the requesting party shall bear the <br />costs and expense of such further instruments or documents (except that each party shall bear its <br />own attorneys' fees). <br /> <br />19. DISPUTE RESOLUTION. <br /> <br />a. In the event of any controversy or dispute arising out of or relating to this <br />Agreement, its interpretation or the breach of the terms or conditions of this Agreement, the <br />Parties shall make a good faith effort to resolve informally the controversy or dispute. Either <br />party may initiate informal dispute resolution through delivery of written notice to the other <br />party. The notice shall include a detailed description of the controversy or dispute. The Parties <br />shall make every reasonable effort to meet within 10 business days of the request. <br /> <br />b. Absent an emergency circumstance that involves issues of public health or safety, <br />or imminent damage to any portion of the Golf Course property resulting from the use of <br />recycled water, the Parties shall hold a minimum of one informal dispute resolution meeting <br />before taking formal action otherwise provided in this Agreement or authorized by law. <br /> <br />c. For any controversy involving the water quality of the recycled water, the Parties <br />agree to make every reasonable effort to investigate the cause of the problems, develop a set of <br />economically practical and viable solutions, and install additional treatment, if needed, to make <br />the recycled water suitable so that the Minimum Quantity may be used without damage to the <br />Golf Course. As either interim or permanent measures, the Parties shall consider blending of <br />recycled water with higher quality water and periodic use of higher quality water to flush <br />accumulated salts from the Golf Course areas irrigated with recycled water to mitigate any water <br /> <br />7 <br /> <br />Recycled Water Service Agreement <br /> <br />SB 404097 \'2:010960.0008 <br />8/7/06 <br />
The URL can be used to link to this page
Your browser does not support the video tag.