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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />d. Broad Form Property Damage; <br />e. Personal Injury coverage with employment contractual exclusions removed <br /> <br />10.1.4 The required insurance coverage shall be issued by an insurance company authorized and <br />licensed to do business in the State of Florida, with the following minimum qualifications in <br />accordance with the latest edition of A.M. Best's Insurance Guide: <br /> <br />Financial Stability B+ A+ <br /> <br />10.2 Bond to be Provided by the Developer. Before the commencement of any construction <br />undertaken by the Developer as provided in this Agreement and other related documents hereof, <br />if applicable, the Developer shall furnish and provide to the City a payment and performance <br />bond satisfying the requirements of Section 255.05, Florida Statutes, for such improvements <br />described in this Agreement to be performed by the Developer. The Bond must guarantee the <br />completion of such work and the payment to all persons as provided in Section 255.05 who <br />furnish labor, services or materials for the construction of the improvements contemplated by <br />this Section and include the City as co-obligees. The Bond shall comply with all requirements of <br />the Design-Build Agreement entered into between the parties. <br /> <br />10.3 Compliance with Procurement Procedures. In procuring the services of persons or firms to <br />construct the Infrastructure Improvements, to the extent remaining to be performed by the <br />Developer after the date of this Agreement, which comprise public construction works in excess <br />of $200,000.00 as provided in Section 255.20, Florida Statutes, the Developer shall <br />competitively bid such services as required by said Section 255.20, Florida Statutes, in <br />accordance with procedures prescribed by the Office of the Public Services Director. The <br />Developer shall prepare the bidding forms, the conditions of contract and the agreements subject <br />to the approval of the Public Services Director with regard to form. <br /> <br />10.4 Taxes and Other Charges. The Developer will pay and discharge or cause to be paid and <br />discharged all taxes, charges, liabilities or claim of any type at any time assessed against or <br />incurred by the Developer or which could become a lien against the Developer relating to the <br />Project Site which would affect the parking rights of the City. The City agree to cooperate with <br />the Developer to attempt to exempt portions of the Project which are made available for public <br />use from the obligation to pay real estate tax to the extent legally permissible. Nothing in this <br />subsection shall require the payment of any such sum if the Developer promptly notifies the City <br />and by appropriate proceedings contests the same in good faith. <br /> <br />10.5 Non-liability of City. No member, official or employee of the City shall be personally liable <br />to the Developer, a builder or to any person with whom the Developer or any builder shall have <br />entered into any contract, or to any other person in the event of a default or breach by the City, or <br />for any amount which may become due to the Developer or any other person under the terms of <br />this Agreement. <br /> <br />9 <br />
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