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2011-181
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Last modified
2/16/2016 10:29:12 AM
Creation date
10/1/2015 2:46:29 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-181
Agenda Item Number
13.D.
Entity Name
Kelly, Russell
Wilco Construction Inc.
Subject
Cost Sharing Agreement
repair broken pipe, seawall
Area
Moorings Subdivision
Supplemental fields
SmeadsoftID
10100
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Terms & Conditions <br /> 1 , The Proposal becomes a binding Contract upon the signing by customer andbr owner. For purposed of this contract, :the terms aislomer and ownei <br /> are one <br /> and the same. <br /> 2. Any and all change orders requested bycustomer'must be approved by Wiles Constnuc6n the in writing,ortheyare'deemed nub and void. Any and <br /> all . <br /> approved change orders approved by Wiloo Construction Inc include full accord antl sefisfectionlanguage. Any and all alterations from work specified <br /> in the <br /> `Specifications & Estimates' section of the Proposal/Contract entail extra costs and automatically become additional charges to be paid by customer <br />over and <br /> above the estimalelquote noted in said.section. <br /> 3, Wilco Construction Inc performs and completes work'in a workmanlike manner according to industry standards existing at the Urna.work iri:peftiW. <br /> Wilco <br /> Construction Inc is not responsible in any manner for the condition of land or any property prior to the date of this ProposaVContractor Wilco's <br /> Construction <br /> Inc commencement of work. Wiles Construction Inc'is not responsible for any damages to land:or any, property existing prior to the date of this <br /> Proposal/Contract or Wilco's Construction inc commencement of work. Wilco Construction Inc and customer, agreethat customer has examined and <br /> investigated1he condition.of the land and all properly{including buildings and structural integrity] Odor to the date of this Proposal/Contract <br />and Wilco's <br /> Construction Inc commencement of work. Under no cl=rnstences is Wiloo Construction Inc. responsible.for any form of sinking orcracking of buildings, <br /> structures or any property. <br /> 4. Wilco:Construction Inc is not responsible for repairing or correcting any work other than as written and/or, agreed to in this Proposal/Contract <br /> 5. Customer and/or owner, and not Wilco Construction Inc, agree to and will procure any and all required insurance including, but not limited <br />to fireā€˛hurricane, <br /> wind; rain,"flood or other type of natural disaster insurance. Customer and/or owner agree that Wiloo Construction Inc obtains, builder's risk insurance <br /> only <br /> upon payment by customer "or:owner for. the same and only if such insurance is written in this Proposal/Contract <br /> B. This ProposabContractshall tie interpreted and governed by the;laws of the State of;Flodda . Anyand:ail litigatiorrbetwaen Wilco Construction <br /> Inc and/or <br /> customer and/or owner must be litigated inFlorida'aInd any such suit filed by a customer or owner can only,be filed atter at least one (1) formal <br />attempt at <br /> mediation of the dispute odor to.litigation with an agreed upon mediator in Florida H.deemed appropriate, Wiloo Construction Inc can commenceflitigation <br /> without the need for preliminary mediation; <br /> 7. This PmposallContradt may not be amended or modified in any manner except by:a written instrument executed by the parties hereto. <br /> 8: No consent or waiver, express or. implied,.by Wilco Construction Inc to or of any breach or default by the customer iothe perfomiance by <br />such customer of the <br /> obligations thereof under this contract shall be deemed or construed lobe a consent or waiver to or of any other breach or default In the performance <br /> by such <br /> customer under this contract <br /> 9, if any. provision of the Proposal0ritract is held tobe illegal, invalid or unenforceable, there will be added in lieu thereof a provision as <br />similar. in terms to:such <br /> provision as is possible and be legal, valid and enforceable, <br /> 10: Should customer and/or owner fail to payany amoungs) .to Wilco Construction Inc under this ProposaVContracL or otherwise comply with any obligation <br />owed <br /> Wilco Construction Inc, Wilco Construction Inc will be and is entitled to collect its reasonable attomey's fees, costs and expenses [from customer <br />and/or <br /> owner]for any and all of its collection efforts1ricluding any legal action brought for such ,purpose and/or to enforce this Proposal/Contract or any.provision <br /> hereof. Same applies to Wiloo Construction inc,(prevailing party wheather owner/customer or Wilco Construction Inc. ds entitled to reasonable attorney. <br /> fees/costs) <br /> 114 This ProposaVContract contains the entire understanding between the parties and the terms and conditions set forth heroin suparcede any prior <br />drafts of this <br /> contractheretofore executed by either party hereto.and all priorcorrespondence and wrifings between the parties relative to the subject matter hereof. <br /> 'There <br /> are no other representations; stipulations, warranfies; agreements or understandings with respect to the subject matterof this contractwhich anent hltly <br /> expressed within this Proposal/Contract Neither this contract nor its execution has been induced by any representation, stipulation; warranty, <br /> agreement or <br /> understanding of any kind other than those Herein expressed. <br /> 12; All notices; requests and other communications provided for herein shall begivenin writing delivered bycourier to Wilco ConstructionInc at the addresses <br /> set <br /> forth on top of. PmposaVConfract or such other addresses as.Wiloa Construction Incmay designate pursuant to these provisions. <br /> 13. Wilco Construction Inc reserves the right to withdraw this Proposal/Contract 9 not accepted by customerand/or owner within 15 days of its submission <br />by <br /> Wilco Construction Inc, to same. <br /> 14. All unpaid 'balances are subject to interest at statutory rates. <br /> 15. Customer and/or owner agree to provide access to job site asmell as offset stakes by a licensed surveyor. <br /> i6: Customer and/or owner has the capacity and authority to execute Nis Proposal/Contract, <br /> 17. Customer and/or owner agree to hold harmless and indemnify Wilco Construction Inc for any and all claims related to noise, vibration damage, <br /> oil spillage or <br /> fall out, and stockpile or equipment damages of any kind. <br /> 18. Witco Construction Inc does riot assume any. responsibility for any permits, plans, drswings;or any engineering of any kind unless specified herein <br /> 19. No provision of the contract will be interpreted against Wilco Construction Inc by reason of the extent to which it participated Inthe dreffing <br />.thereof or by <br /> reason of the extent to which any such.provision is:inconsistenlesith any prior draft hereoi or thereof. <br /> IN WITNESS WHEREOF, the undersigned parties hereto have executed this contract as of the date written below. <br /> I HAVE READ THIS PROPOSAL/CONTRACT AND UNDERSTAND ITS TERMS AND.CONDITIONS AND ACCEPT THE SAMEiNCLUDINGTHOSE ON.THE REVERSE <br /> SIDE OF THIS FORM: WILCO, IS AUTHORIZED TO DO,THE WORK SPECIFIED IN THIS CONTRACT ONLY, PAYMENT MADE AS STATED ABOVE, ALL INVOICES ARE, PART <br /> OPTHIS PROPOSAUCONTRACT. <br />
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