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Reso 2017-2685
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Reso 2017-2685
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Last modified
8/8/2017 10:42:52 AM
Creation date
5/9/2017 2:58:03 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2685
Date (mm/dd/yyyy)
04/20/2017
Description
1st Amend to Agmt w/Fla. Eng. & Dev. Corp. for Prof. Const. Svcs. of 174th Street
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without recourse by Contractor until all documentation is delivered to the City. <br /> 29.2 If Contractor fails to comply with any term or condition of this Agreement, or fails <br /> to perform any of its obligations hereunder, then Contractor shall be in default. Upon the <br /> occurrence of a default which is not cured within the Cure Period, in addition to all remedies <br /> available to it by law, the City may immediately, upon written notice to Contractor, terminate <br /> this Agreement whereupon all payments, advances, or other compensation paid by the City to <br /> Contractor while Contractor was in default shall be immediately returned to the City. The City <br /> may also suspend any payment or part thereof or order a Work stoppage until such time as the <br /> issues concerning compliance are resolved. Contractor understands and agrees that <br /> termination of this Agreement under this Article shall not release Contractor from any obligation <br /> accruing prior to the effective date of termination. <br /> 29.3 In the event of termination due to default, in addition to the foregoing Contractor shall be <br /> liable for all costs and expenses incurred by the City in the re-procurement of the Work under this <br /> Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or <br /> withhold payments to Contractor until such time as the actions giving rise to default have been <br /> cured. <br /> 29.4 A finding of default and subsequent termination for cause may include, without <br /> limitation, any of the following: <br /> 29.4.1 Contractor fails to obtain and deliver to the City the Insurance <br /> certificates, the Bonds, and the Permits in the manner and within the <br /> time herein required. <br /> 29.4.2 Contractor fails to comply with any of its duties under this Agreement, <br /> with any terms or conditions set forth in this Agreement beyond the <br /> specified period allowed to cure such default. <br /> 29.4.3 Contractor fails to commence the Work within the timeframes provided or <br /> contemplated herein, or fails to complete the Work in a timely manner as <br /> required by this Agreement. <br /> 29.5 Except as otherwise provided for in this Agreement, the City shall provide Written <br /> Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary <br /> action to Cure said default within the Cure Period. The City may extend the Cure Period at <br /> its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default <br /> in the specified timeframe. <br /> ARTICLE 30. UNDISCLOSED LOBBYIST OR AGENT <br /> Contractor warrants that it has not employed or retained any company or person to solicit or <br /> secure this Agreement and that it has not paid or agreed to pay any person, company, <br /> corporation, individual, or firm any fee, commission, percentage, gift. or other consideration <br /> contingent upon or resulting from the award or making of this Agreement. The City shall have <br /> the right to terminate this Agreement, without giving Contractor the opportunity to Cure, in the <br /> event of a breach of this provision. <br /> 18ts <br />
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