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Reso 2026-4003
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Reso 2026-4003
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Last modified
4/10/2026 10:49:37 AM
Creation date
4/7/2026 1:54:46 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4003
Date (mm/dd/yyyy)
03/19/2026
Description
1st Amnd to Agreement w/ MBR Construction, Inc., to provide addt'l time for final completion of construction services for the Intracoastal Sports Park
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from the City, pay the City such remaining compensation for accepting defective or non -conforming <br />Work. <br />ARTICLE XII <br />CONTRACT TERMINATION <br />12.1 Termination by the Contractor <br />12.1.1. If the Work is stopped for a period of ninety (90) days by an order of any court or <br />other public authority, or as a result of an act of the Government, through no fault of the Contractor <br />or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon <br />twenty (20) days' written notice to the City and the Engineer / Architect terminate performance under <br />this Contract and recover from the City payment for the actual reasonable expenditures of the <br />Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, <br />equipment, tools, construction equipment and machinery actually purchased or rented solely for the <br />Work, less any salvage value of any such items. <br />12.1.2. If the City shall persistently or repeatedly fail to perform any material obligation to <br />the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of <br />its intent to terminate hereunder, the Contractor may terminate performance -under this Contract by <br />written notice to the Engineer / Architect and the City. In such event, the Contractor shall be entitled <br />to recover from the City as though the City had terminated the .Contractor's performance under this <br />Contract for convenience pursuant to. Subparagraph 12.2.1 hereunder. <br />12.2 Termination by the Ci <br />12.2.1. For Convenience <br />12.2.1.1. The City may for any reason whatsoever terminate performance under this Contract <br />by the Contractor for convenience. The City shall give written notice of such termination to the <br />Contractor specifying when termination becomes effective. <br />12.2.1.2. The Contractor shall incur no further obligations in connection with the Work and the <br />Contractor shall stop Work when such termination becomes effective. The Contractor shall also <br />terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims <br />arising out of the termination of subcontracts and orders. The City may direct the Contractor to <br />assign the Contractor's right, title and interest under terminated orders or subcontracts to the City or <br />its designee. <br />12.2.1.3. The Contractor shall transfer title and deliver to the City such completed or partially <br />completed Work and materials, equipment, parts, fixtures, information and Contract rights as the <br />Contractor has. <br />12.2.1.4. <br />(a) The Contractor shall submit a termination claim to the City and the Engineer / <br />Architect specifying the amounts due because of the termination for convenience together with costs, <br />pricing or other data required by the Engineer / Architect. if the Contractor fails to file a termination <br />MBR CONSTRUCTION, INC. Page 27 of 4l <br />176 <br />346 <br />
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