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Res No 104-12-13661RESOLUTION NO. 104-12-13661 A Resolution terminating the City of South Miami's franchise agreement with Earth Learning, Inc. WHEREAS the City of South Miami ( "City ") entered into a Franchise agreement with Earth Leaning, Inc. to operate a farmers' market on City property; and WHEREAS the franchise agreement provides for termination by either party with sixty (60) days notice; and WHEREAS, the City Commission for the City of South Miami desires to terminate the franchise agreement with Earth Learning, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section l: The City Manager is hereby instructed to send the appropriate notice of termination to Earth Learning, Inc., in accordance with the franchise agreement, so as to cause the termination of the City's franchise agreement with Earth Leaning, Inc., sixty (60) days following the notice of termination in accordance with the agreement. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 10 tWay of Ma ATTEST: Is)aa 701 READ LEGALITY THEREOF / 2012, COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Liebman: absent Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea Page 1 of 1