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Reso 2011-1749
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Reso 2011-1749
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Last modified
8/19/2013 2:24:28 PM
Creation date
7/22/2011 3:25:33 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1749
Date (mm/dd/yyyy)
07/21/2011
Description
Approving a Ground Lease and Dev. Agreement w/4M Investors, LLC
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<br />to CITY upon request of CITY. Notwithstanding the foregoing, the CONTRACTOR may provide <br />insurance for subcontractors. <br /> <br />10.4.13 Violation of the terms of this Article and its subparts shall constitute a breach of <br />the Contract and CITY, at its sole discretion, may cancel the Contract and all rights, title and <br />interest of the CONTRACTOR shall thereupon cease and terminate. Notwithstanding the <br />foregoing, the CONTRACTOR shall be given thirty (30) days to cure any breach. <br /> <br />10.5 CITY'S Liability and Insurance. <br /> <br />CITY shall not be responsible for purchasing and maintaining any insurance to <br />protect the interests of CONTRACTOR, subcontractors or others on the Work. CITY specifically <br />reserves all statutory and common law rights and immunities and nothing herein is intended to limit <br />or waive same including, but not limited to, the procedural and substantive provisions of Section <br />768.28, Florida Statutes and Section 95.11, Florida Statutes. <br /> <br />ARTICLE 11 - WARRANTIES; TESTS AND INSPECTIONS; CORRECTION OF <br />DEFECTIVE WORK <br /> <br />11.1 <br /> <br />Warranty of Title. <br /> <br />The CONTRACTOR warrants to the CITY that it possesses good, clear and <br />marketable title to all equipment and materials provided hereunder and there are no pending liens, <br />claims or encumbrances whatsoever against said equipment and materials. <br /> <br />11.2 Warranty of Specifications. <br /> <br />The CONTRACTOR warrants that all equipment, materials and workmanship <br />furnished, whether furnished by the CONTRACTOR or its sub-contractors and suppliers, will <br />comply with the specifications, drawings and other descriptions supplied or adopted and that all <br />services will be performed in a workmanlike manner. <br /> <br />11.3 Warranty of Merchantability. <br /> <br />CONTRACTOR warrants that any and all equipment to be supplied pursuant to the <br />Agreement is new, merchantable, free from defects, whether patent or latent in material or <br />workmanship and fit for the ordinary purposes for which it is intended. <br /> <br />11.4 Correction Period. <br /> <br />CONTRACTOR warrants all material and workmanship for a minimum of one (I) <br />year from the date that CITY accepts occupancy of the parking garage and park. If within one (l) <br />year after the date of Final Completion or such longer period of time as may be prescribed by laws <br />or regulations or by the terms of any applicable special guarantee required by the Contract <br />Documents, any work is found to be defective, whether observed before or after acceptance by <br />CITY, CONTRACTOR shall promptly, without cost to CITY and in accordance with CITY'S <br /> <br />23 <br /> <br />SiB <br />
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