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2012-230
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2012-230
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Last modified
1/7/2016 2:13:41 PM
Creation date
10/1/2015 4:51:54 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/18/2012
Control Number
2012-230
Agenda Item Number
15.A.2
Entity Name
Barth Construction
Subject
Storage building at Emergency Operations Center
Area
4225 43rd Ave.
Supplemental fields
SmeadsoftID
11643
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may assign this PaFt 2 Agreement to any institutional lender providing construction <br /> financing , and the Design/Builder agrees to execute all consents reasonably required to <br /> facilitate such an assignment. If either party makes such an assignment, that party shall <br /> nevertheless remain legally responsible for all obligations under this Pad 2 Agreement , <br /> unless otherwise agreed by the other party . <br /> § 11 .7 TERMINATION OF PROFESSIONAL DESIGN SERVICES <br /> § 11 . 7 . 1 Prior to termination of the services of the Architect or any other design <br /> professional designated in this PaFt 2 Agreement , the. Design/Builder shall identify to the <br /> Owner in writing another architect or other design professional with respect to whom the <br /> Owner has no reasonable objection , who will provide the services originally to have <br /> been provided by the Architect or other design professional whose services are being <br /> terminated . <br /> § 11 . 8 EXTENT OF AGREEMENT <br /> § 11 . 8 . 1 This PaFt 2 Agreement represents the entire agreement between the Owner <br /> and the Design/Builder and supersedes prior negotiations , representations or <br /> agreements , either written or oral . This Pad 2 Agreement may be amended only by <br /> written instrument and signed by both the Owner and the Design/Builder. <br /> ARTICLE 12 TERMINATION OF THE AGREEMENT <br /> § 12. 1 TERMINATION BY THE OWNER <br /> § 12. 1 . 1 This PaFt 2 Agreement may be terminated by the Owner upon 14 days' written <br /> notice to the Design/Builder in the event that the Project is abandoned . If such <br /> termination occurs , the Owner shall pay the Design/Builder for Work completed and for <br /> proven loss sustained upon materials , equipment, tools , and construction equipment <br /> and machinery , including reasonable profit and applicable damages . <br /> § 12. 1 . 2 If the Design/Builder defaults or persistently fails or neglects to carry out the <br /> Work in accordance with the Contract Documents or fails to perform the provisions of <br /> this PaFt 2 Agreement, the Owner may give written notice that the Owner intends to <br /> terminate this lea#-2 Agreement. If the Design/Builder fails to correct the defaults , <br /> failure or neglect within seven (7) days after being given notice , the Owner may then <br /> give a second written notice and , after an additional seven (7) days , the Owner may <br /> without prejudice to any other remedy terminate the employment of the Design/Builder <br /> and take possession of the site and of all materials , equipment, tools and construction <br /> equipment and machinery thereon owned by the Design/Builder and finish the Work by <br /> whatever method the Owner may deem expedient. If the unpaid balance of the <br /> Contract Sum exceeds the expense of finishing the Work and all damages incurred by <br /> the Owner, such excess shall be paid to the Design/Builder. If the expense of <br /> completing the Work and all damages incurred by the Owner exceeds the unpaid <br /> balance , the Design/Builder shall pay the difference to the Owner. This obligation for <br /> payment shall survive termination of this . PaFt-2 Agreement. <br /> § 12 . 2 TERMINATION BY THE DESIGN/BUILDER <br /> § 12 . 2 . 1 If the Owner fails to make payment when due in accordance with the Florida <br /> Prompt payment Act , FS4 218 . 70 et sea . , the Design/Builder may give written notice of <br /> the Design/ Builder's intention to terminate this Pari-2 Agreement: If the Design/Builder <br /> fails to receive payment in accordance with the Florida Prompt payment Act , FS$ <br /> 218 . 70 et sea . , the <br /> 19 <br />
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