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Reso 2025-3823
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Reso 2025-3823
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Last modified
2/3/2026 11:18:34 AM
Creation date
4/24/2025 11:43:19 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3823
Date (mm/dd/yyyy)
04/17/2025
Description
AWD ITB NO. 25-01-01, Approve Agmt w/ Waypoint Contracting, for Const. Renovation Svcs - Annex BLDG, 18050 Collins Ave.
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t 1.3 Independent Covenants. In the event that at any time during the Tenn of the <br />Lease, Lessee shall have a claim against Lessor, Lessee shall not have the right to deduct the <br />amount allegedly owed to Lessee from any rent or other sums payable to Lessor under this <br />Lease, it being understood that Lessee's sole remedy for recovering upon such claim shall be to <br />institute an independent action against .Lessor, Notwithstanding anything to the contrary <br />contained in this Lease, if any provision of this Lease expressly or impliedly obligates Lessor not <br />to unreasonably withhold its consent or approval, an action for declaratory judgment or specific <br />performance shall be Lessee's sole right and remedy in any dispute as to whether Lessor has <br />breached such obligation. <br />12. Insurance. Lessee shall maintain throughout the Term or any Renewal Term all <br />insurance required to be maintained by the Lessee under the Lease, which insurance shall name <br />Lessor as an additional insured and/or loss payees, as applicable, Lessee shall also maintain <br />throughout the Term, the following additional insurance: (a) comprehensive general liability <br />insurance covering injury, death and property damage occurring in the Building, including (i) <br />Premises and Operations; (ii) Independent Contractors, (iii) Products and/or Completed <br />Operations Hazard, (iv) Broad Foran Property Damage, (v) Broad Form Contractual Coverage <br />applicable to this Lease Agreement, including the hold harmless and indemnification provisions <br />contained herein; (vi) personal injury coverage with employee and contractual exclusions <br />removed, with minimum limits of coverage equal to those required for bodily injury liability and <br />property damage liability; (vii) Builders Risk; and (viii) Business Interruption (not less than six <br />months of minimum monthly rent) with a combined single limit of not less than Three Million <br />Dollars ($3,000,000) per occurrence for Bodily Injury Liability and Property Damage Liability; <br />(b) worker's compensation insurance on all employees of Lessee, as required by the laws of the <br />State of Florida; (c) liquor liability in an amount not less than One Million Dollars ($1,000,000) <br />per occurrence; and (d) Business Automobile Liability with minimum limits of One Million <br />Dollars ($1,000,000) per occurrence for Bodily Injury Liability and Property Damage Liability, <br />with coverage to be provided on a form no more restrictive than the latest edition of the Business <br />Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services <br />Office, and must include: (1) Owned Vehicles; and (ii) Hired and Non -Owned Vehicles. Each <br />policy of insurance required to be maintained by Lessee hereunder, (i) shall name Lessor as <br />additional insureds and/or loss payees thereunder, as applicable, (ii) shall contain waiver of <br />subrogation and severability of interests endorsements, (iii) shall in all events be in an amount <br />sufficient to prevent Lessor from being a co-insurer of any loss covered under the applicable <br />policy or policies and shall require not less than thirty (30) days' prior written notice of any <br />cancellation or modification. On or prior to the Effective Date, Lessee shall deliver to Lessor <br />binding certificates or other binding evidence of all such insurance (on an ACCORD 27 form or <br />other form, acceptable to Lessor), together with true copies of each such policy and evidence of <br />payment thereof; and thereafter, at least fifteen (15) days prior to the expiration of any policy, <br />Lessee shall deliver to Lessor such original certificates as shall evidence a renewal or new policy <br />to take the place of the policy that is expiring together with true copies of each such policy and <br />evidence of payment therefor. Lessee's insurances are primary and non-contributory to the <br />Lessor's insurance program. <br />13, _Alterations. Except for the Improvements discussed in Section 2, Lessee shall not make <br />any alterations, additions, or improvements on or to the Leased Premises without first obtaining <br />the written consent of Lessor and all alterations, additions, and improvements shall be performed <br />Cr <br />539 <br />
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