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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 />11.5 Tests and Inspections. <br /> <br />11.5.1 CONTRACTOR shall give the City Manager and Building Department timely <br />notice of readiness of the work for all required inspections, tests or approvals. . CONTRACTOR <br />shall assume full responsibility, pay all costs, except for permit fees or other fees imposed by the <br />CITY, in connection therewith and furnish the Building Department, with courtesy copies to the <br />CITY, the required certificates of inspection, testing or approval for all materials, equipment or the <br />Work or any part thereof unless otherwise specified herein. <br /> <br />11.5.2 Inspectors do have the full authority to order the CONTRACTOR to comply with <br />all applicable codes. The CONTRACTOR shall be responsible for complying with all inspections <br />and all costs associated therewith shall be deemed the responsibility of the CONTRACTOR and <br />included in the GMP. <br /> <br />11.5.3 The payment of any compensation whatever may be its character or form, or the <br />giving of any gratuity or the granting of any favor by the CONTRACTOR to any inspectors, <br />directly or indirectly is strictly prohibited and any such action on the part of the CONTRACTOR <br />will constitute a breach of this Agreement. <br /> <br />ARTICLE 12 - CONTRACT TIME <br /> <br />12.1 Change of Contract Time. <br /> <br />ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF <br />THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM <br />FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME <br />SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY <br />DELAYS. CONTRACTOR shall not be entitled to an increase in the construction cost or payment <br />or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, <br />expenses or damages including but no limited to costs of acceleration or inefficiency, arising <br />because of delay, disruption, interference or hindrance from any cause whatsoever, whether such <br />delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or <br />avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of <br />damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active <br />interference on the part of CITY or its agents. If CONTRACTOR is delayed at any time in the <br />progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions <br />not reasonably anticipated (including strong storms, tropical storms and/or hurricanes which are <br />common between June I and November 30), unavoidable casualties or other causes beyond the <br />CONTRACTOR's control, or by other causes which the CITY and CONTRACTOR agree may <br />justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, <br />CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive <br />remedy for such resulting delay, in accordance with and to that extent specifically provided above. <br />No extension of time shall be granted for delays resulting from normal weather conditions <br />prevailing in the area which necessarily excludes strong storms, tropical storms and/or hurricanes <br />which are common between June I and November 30. <br /> <br />25 <br /> <br />ii <br />c: ) <br />, .j <br />
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