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2011-024
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2011-024
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Last modified
1/12/2016 1:07:35 PM
Creation date
10/1/2015 1:35:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/07/2011
Control Number
2011-024
Agenda Item Number
none
Entity Name
Timothy Rose Contracting
Indian River Land Trust
Subject
Lagoon Greenway Phase 1 Construction Agreement
Area
Flinn Tract Florida Inland Navitgation District
Supplemental fields
SmeadsoftID
9231
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Article 30 , GUARANTY BONDS <br /> The Owner will have the right, prior to the signing of the contract, to require the Contractor to <br /> furnish bond covering his faithful performance of the contract and the payment of all obligations <br /> arising thereunder, In such forms as the Owner may prescribed and with such sureties as he may <br /> approve. Premium for such bond if required , shall be paid by the owner. <br /> Article 31 . DAMAGES <br /> Any claim for damage arising under this contract shall be made in writing to the party liable within <br /> ten days after the first observance of such damage and not later than the time of final payment, <br /> except as expressly stipulated otherwise in the case of faulty work or materials . <br /> Article 32 . LIENS <br /> Anything contained in any of the contract documents notwithstanding , all progress payments and <br /> the final payment shall be paid by the Owner to the Contractor in compliance with the provisions of <br /> Chapter 713, Florida Statutes , The Owner shall withhold ten percent of the amount of each <br /> progress payment. The last payment due under the contract shall be paid by the Owner to the <br /> Contractor only after the Contractor has furnished the Owner with a final affidavit as required by <br /> Section 713 . 06 (3) (d) Florida Statutes stating that all persons , firms or corporations who have <br /> furnished labor or materials , employed directly or indirectly in the work, have been paid in full , and <br /> in addition , before the Contractor shall have the right to receive the final payment due under the <br /> contract , the Contractor shall furnish the <br /> Owner with full release of liens from all persons giving notice as defined in Section 713 .01 ( 19) <br /> Florida Statutes , and from all lienors recording claims of lien , and from all persons , firms or <br /> corporations who have performed or furnished labor, services or materials , directly or indirectly, <br /> used in the work . The Owner shall have the right to demand and receive from the Contractor <br /> before he shall receive any progress payment, receipted bills showing payment in full for all labor, <br /> services and materials incorporated into the work, for the period of time for which the progress <br /> payment is due . Likewise , as a condition to receiving any progress payment, the Owner may <br /> require the Contractor to furnish partial releases of lien executed by all persons , firms and <br /> I corporations who have furnished labor, services or materials incorporated into the work during the <br /> period of time for which the progress payment is due , releasing such lien rights as these persons, <br /> firms or corporations may have for that period . If any of the laborers , subcontractors or material <br /> men shall serve upon the Owner a " Notice to Owner" or shall otherwise put the owner on notice <br /> that they are owed and unpaid money by the Contractor, the Owner shall have the right to pay <br /> these persons directly in the manner provided by the aforesaid Mechanic's Lien Law, and the <br /> ! Owner shall receive a credit therefore upon the contract price accordingly . The Contractor does <br /> hereby release , remise and quit claim any and all rights he would have otherwise enjoyed to <br /> perfect a Mechanic's Lien or any other type of statutory common law or equitable lien against the <br /> job. <br /> Article 33 . ASSIGNMENT <br /> Neither party to the contract shall assign the contract or sublet it as a whole without the written <br /> consent of the other, nor shall the Contractor assign any monies due or to become due to him <br /> hereunder, without the written consent of the Owner. Any attempt by the Contractor to assign this <br /> contract or any of the monies which may become payable hereunder, in whole or part, without the <br /> written consent of the Owner, shall be ineffective and shall vest no rights in the assignee . <br /> GC-9 <br /> r <br />
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