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RESOLUTION NO. _________________ 1
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A Resolution terminating the City of South Miami’s franchise agreement 3
with Earth Learning, Inc. 4
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WHEREAS the City of South Miami (“City”) entered into a Franchise agreement with 6
Earth Leaning, Inc. to operate a farmers’ market on City property; and 7
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WHEREAS the franchise agreement provides for termination by either party with sixty 9
(60) days notice; and 10
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WHEREAS, the City Commission for the City of South Miami desires to terminate the 12
franchise agreement with Earth Learning, Inc. 13
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 15
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 16
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Section 1
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: The City Manager is hereby instructed to send the appropriate notice of 18
termination to Earth Learning, Inc., in accordance with the franchise agreement, so as to cause 19
the termination of the City’s franchise agreement with Earth Leaning, Inc., sixty (60) days 20
following the notice of termination in accordance with the agreement. 21
Section 2.
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If any section clause, sentence, or phrase of this resolution is for any reason 23
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 24
the validity of the remaining portions of this resolution. 25
Section 3.
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This resolution shall become effective immediately upon adoption by vote of 27
the City Commission. 28
PASSED AND ADOPTED this ____ day of _____________, 2012. 30
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ATTEST: APPROVED: 33
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___________________________ _________________________ 36
CITY CLERK MAYOR 37
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READ AND APPROVED AS TO FORM, COMMISSION VOTE: 39
LANGUAGE, LEGALITY AND Mayor Stoddard: 40
EXECUTION THEREOF Vice Mayor Liebman: 41
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Commissioner Newman: 1
_____________________________ Commissioner Harris: 2
CITY ATTORNEY Commissioner Welsh: 3