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Reso 2007-1186
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Reso 2007-1186
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Last modified
7/1/2010 9:42:30 AM
Creation date
2/28/2008 2:50:29 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1186
Date (mm/dd/yyyy)
12/13/2007
Description
Heritage Park Parking Garage Agrmt w-Spillis Candela ($1,167,400.00)
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<br />and made or received by the Architect-Engineer or his consultants in conjunction with <br />this Agreement. In the event of termination, due to the fault of others than the Architect- <br />Engineer, the Architect-Engineer shall be paid for services performed to termination date, <br />including reimbursements then due plus proven terminal expense. <br /> <br />11.2 TERMINATION FOR CONVENIENCE <br /> <br />The performance of work under this contract may be terminated by the Owner in <br />accordance with this clause in whole, or from time to time in part, whenever the Owner <br />shall determine that such termination is in the best interest of the Owner. Upon <br />termination, the Architect-Engineer shall be entitled to payment and profit for work <br />completed to the time of termination, only. The percentage of completion shall be <br />determined by the Owner, based upon the approved Schedule. <br /> <br />ARTICLE 12 <br /> <br />REUSE OF DOCUMENTS <br /> <br />The Documents prepared pursuant to this Agreement shall not be used on other projects except <br />by agreement in writing. The Owner may, at his own expense, obtain a set of reproducible <br />record prints of drawings and other documents, or if required by the Owner, the Architect- <br />Engineer shall deliver to the Owner the original tracings, but in such event the Owner at his own <br />expense shall furnish the Architect-Engineer with a set of reproducible record prints thereof. <br /> <br />ARTICLE 13 <br /> <br />SUCCESSORS AND ASSIGNS <br /> <br />The Owner and the Architect-Engineer each binds himself, his partners, successors, assigns and <br />legal representatives to the other party to this Agreement and to the partners, successors, assigns <br />and legal representatives of such other party in respect of all covenants of this Agreement. <br />Neither the Owner nor the Architect-Engineer shall assign, sublet or transfer his interest in this <br />Agreement without the written consent of the other. <br /> <br />ARTICLE 14 <br /> <br />CLAIMS AND DISPUTES <br /> <br />The provisions of Title 28, Florida Administrative Code, are referred to and adopted by reference <br />as though set forth herein. <br /> <br />Under the terms of this contract, the Architect-Engineer shall not have any right to compensation <br />other than, or in addition to, that provided by this contract to satisfy any claim of any kind <br />whatsoever unless the claim therefore is delivered to the Owner within ninety (90) days from the <br />date on which the act or event constituting the basis of such claim occurs. Failure to present any <br />claim arising under this contract within the ninety (90) day time period specified above shall <br /> <br />16 <br />C0708-026 Spillis Candcla & Partncrs. Inc. d/b/a Spillis Candcla DMJM Agreement <br />
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