C7B-Execute Settlement Agreement And Mutual Release Sunset Islands 1 And 2 ROW PCondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing
The Mayor And City Clerk To Execute A Settlement Agreement And Mutual Release Between The City Of Miami
Beach (City) And David Mancini & Sons, lnc. (DMSI), ln The Amount Of $400,000, To Settle All Pending And Future
Claims For Damages By DMSI Pertaining To The Bayshore Neighborhood 8e - Sunset lslands 1 & 2 Right Of Way
lnfrastructure with
COMMISSION ITEM SUMMARY
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over
87o/o and 83o/o of City residents and businesses respectively, rated the appearance and maintenance of public
buildings as excellent or good; and over 81o/o of residents rated recently completed capital improvement projects as
excellent or
Item Summary/Recommendation :
On July 13,2011 , the City Commission approved the award of a construction contract to DMSI, in the amount of
$5,61 1 ,041, for the construction of the Neighborhood 8E-Bayshore, Sunset lslands 1 & 2 Right of Way lnfrastructure
lmprovement Project (Project). The contract was a unit price contract. After clarifications and scope adjustments
took place prior to issuance of the second Notice-to-Proceed, the final approved contract amount was reduced to
$5,293,041.
During the construction of the Project, a considerable amount of additional scope of work was added to the Project,
such as replacement of pedestrian lighting electrical system on Sunset lsland 1, sanitary sewer lining, driveway
harmonization and miscellaneous unforeseen ltems, which increased the overall contract amount to a total of
$6,198,949.69.
On August 7,2013, during a Project Progress meeting, DMSI submitted a claim for additional monies in the amount
of $977,541.96.
The City subsequently tasked the consulting firm of Schwebke-Shiskin & Associates (SS&A), the City's Consultant
whom was acting in the capacity of the Resident Project Representative during the course of the Project, to perform
a professional analysis and determine the validity of the items set forth in DMSI's claim. SS&A's analysis disputed
DMSI's claimed entitlement to certain items set forth in DMSI's claim.
On October 23,2013, the City directed DMSI to bring the Project to Final Completion by completing the remaining
punch list items and to address the As-Built comments for resubmission to the City.
ln accordance with the dispute resolution clause of the contract, on April 17,2014, and July 11,2014, respectively,
the City and DMSI convened for mediation.
Based on the City's consideration of additional information and data submitted and the parties' desire to settle these
claims without the need for litigation, DMSI agreed to a full and final settlement of all of its pending and future claims
for damages against the City pertaining to the Project, in the total amount of $400,000.
The Administration recommends that the Mayor and City Commission approve the resolution.
Financial !nformation:
Source of
Funds:
Amount Account
1 $160.588.97 423-2665-069357
2 $140,020.03 427-2665-069357
3 $ 99,391.00 431-266s-069357
Total s400.000.00
David P.E Ext.6972
yshore E - Sunsel lslands DMSi Setl
AGENDA ITE}T C7 BE MIAMIBEACH o,,I:E q'10'l tl127
E MIAMIBEACH
423-2665-069357
427-2665-069357
431-2665-069357
Cify of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members o
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
BACKGROUND
On July 13,2011, the City Commission approved the award of a construction contract to DMSI,
in the amount of $5,611,041, for the construction of the Neighborhood 8E-Bayshore, Sunset
lslands 1 & 2 Right of Way lnfrastructure lmprovement Project (Project). The contract was a
unit price contract. After clarifications and scope adjustments took place prior to issuance of the
second Notice-to-Proceed, the final approved contract amount was reduced to $5,293,041.
Ithecitvr[--:
( --."
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND C!ry CLERK TO EXECUTE A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE BETWEEN THE CITY OF M!AM! BEACH (C!TY)
AND DAVTD MANCTN! & SONS, rNC. (DMS!), tN THE AMOUNT OF
$4OO,OOO, TO SETTLE ALL PENDING AND FUTURE CLAIMS FOR
DAMAGES BY DMSI PERTAINING TO THE BAYSHORE NEIGHBORHOOD
8E - SUNSET ISLANDS 1 & 2 RIGHT OF WAY INFRASTRUGTURE
IMPROVEMENT PROJECT; WITH PREVIOUSLY APPROPRIATED
FUNDING.
ADMI NISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and maintain priority infrastructure with full accountability.
FUNDING
Account Number Amount Amount
$160,588.97
$140,020.03
$ 99.391.00
Total: $400,000.00
128
Commission Memorandum - David Mancini & Sons lnc. Construction Seftlement Agreement
September 10,2014
Page 2 of 3
The Project limits include both Sunset lslands 1 &2, accessed by a single bridge at the entry of
Sunset lsland 1 from 29th Street and a second bridge from Sunset lsland 1 to Sunset lsland 2.
The Project's scope of work included the replacement of existing water lines; the installation of
new storm water infrastructure throughout the Project area; streetscape improvements,
including pavement and hardscape; valley gutter upgrades; and outfall reconstruction.
During the construction of the Project, a considerable amount of additional scope of work was
added to the Project, such as replacement of pedestrian lighting electrical system on Sunset
lsland 1, sanitary sewer lining, driveway harmonization and miscellaneous unforeseen ltems,
which increased the overall contract amount to a total of $6,198,949.69.
ANALYS!S
DMSI was issued the second Noticeto-Proceed, effective January 11,2012, and was
scheduled to perform the work within 365 calendar days, plus an additional 64 calendar day
time extension for additional work.
On August 7,2013, during a Project Progress meeting, DMSI submitted a claim for additional
monies in the amount of $977,541.96 (Exhibit A).
The City subsequently tasked the consulting firm of Schwebke-Shiskin & Associates (SS&A),
the City's Consultant whom was acting in the capacity of the Resident Project Representative
during the course of the Project, to perform a professional analysis and determine the validity of
the items set forth in DMSI's claim. SS&A's analysis disputed DMSI's claimed entitlement to
certain items set forth in DMSI's claim.
On October 23, 2013, the City directed DMSI to bring the Project to Final Completion by
completing the remaining punch list items and to address the As-Built comments for
resubmission to the City.
On March 18,2014, DMSI obtained Final Completion, as certified by SS&A.
The dispute resolution clause of the contract states "within sixty (60) days after Final Completion
of the Work, the parties shall participate in mediation to address all objections to any
determinations hereunder and to aftempt to prevent litigation."
ln accordance with the dispute resolution clause of the contract, on April 17,2014, and July 11,
2014, respectively, the City and DMSI convened for mediation.
Based on the City's consideration of additional information and data submitted and the parties'
desire to settle these claims without the need for litigation, DMSI agreed to a full and final
settlement of all of its pending and future claims for damages against the City pertaining to the
Project, in the total amount of $400,000.
129
Commission Memorandum - David Mancini & Sons lnc. Construction Settlement Agreement
September 10,2014
Page 3 of 3
GONCLUSION:
The Administration recommends that the Mayor and Commission adopt the Resolution
Approving and Authorizing the Mayor and City Clerk to execute the Settlement Agreement and
Mutual Release between the City and DMSI, in the amount of $400,000, to settle all pending
and future claims by DMSI pertaining to the Project (Exhibit B).
ATTACHMENTS:
Exhibit A - DMSI's Claim Spreadsheet
Exhibit B - Final Settlement Agreement and Mutual ReleasenB
JLM/MT/DM
T:\AGENDA\,20.14\Seplember\ClP\DMSI Settlement Ag.eement - Sl 1 2 Memo Final Ir'lC.docx
130
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Relocation
Proiect (+ 60 wor,kine davs added)
PROJECT: Neighborhood #8E/Sunset lslands L &2, City of Miami Beach
CONTRACTOR: David Mancini & Sons, lnc. (DMSI)
SUMMARY OF DELAY DAYS
SW Start Dote -
SW Finish Dote -
Totol Durotion (Colendor Doys)
SUBTOTAL. ADDITIONAL DAYS DUE TO DELAYS
Days DMSI was offsite on other jobs
Rain Days
GRAND TOTAL. CALENDAR DAYS
GRAND TOTAL. WORKING DAYS
SUMMARY OF DIRECT COSTS
TOTALLABOR 5
TOTAL EQUIPMENT 5
TOTAL MATERIAL 5
suBTorAL 5
CONTRACTOR'S FEE (10%) As per Art. 38.4.2.7 5
TOTAL COST PER DAY
WORKING DAYS DELAYED
BASELINE
s/18/20L2
7/30/2012
7i.00
4,804.46
2,979,97
ACTUAL
8/20/20L2
2/1j/201j
L77.00
704.00
_10
_10
84.00
7,784.37
778.44
8,562.81 per day
60 days
DEDUCT CLAIMS PAID BY CITY
CO# DESCR!PTION AMOUNT
TOTAL INDIREC| COSTS ( $7,400 per day as per
aLIa) of Contract)
6 Conflict between FPL and S-75 on Bav Ave S 2,475.35
7 Drainase Conflict FPL at S-59 s 1_,585.48
8 FPL Conflcit with Drainaee lnstallation 5-188 S s,974.Ls
7 AT&T Conflict with Drainaes lnstalaltion 5-107 S s,89s.60
7 FPL Conflict with Drainase lnstallation S-3 s 3,720.62
TOTAL CLAIMS PAID BY CITY TO DATE
BALANCE DUE TO DMSI
20,65L,20
577,Lt7.39
132
Exhibit B
SITTLf,i}IENT AGREEI\IENT AND i\IUTUi\L RELEASE BETWEEN
DA\'ID NI.\NCINI & SONS.INC. AND TTIE CITY OF NII.A,NII BEACH. FLORIDA
l'his Settlc-ntent Agreement and Mutual Release ("Agreement") is made and entered into
this _ da1' of , 2014. by and benveen DAVID IvIANCINI & SONS, lNC.. a
Florida corporarion, (hereinafter ''DlvlSI") and the CITY OF MIAlvll BEACH. FLORIDA. a
pcrlitical sub-dir.ision of the State of Florida (hereinafter, the "City"). DMSI and the City rna1"
also lrc refc'rred to individualll' as a "Part]," and collectively as the "Pafties."
RECITALS
WHERIAS, DMSI and the City are parties to a construction contract, dated August 18,
201 I (the "Contract"), for Right-ot'-\\'ay Inlrastructure Improvement Program-Neighborhood
No. SE-Sunset Islands I & II, located in Miami Beach, Florida (hereinafter, the "Project");
WHEIIEAS, DMSI assefied claims for additional cornpensation and time against the
Cit1,'pertaining to the Project (the "DMSI Clairn");
WHEREAS, as required b.v'the Contract, the Parties attended pre-suit mediation on April
17. 2014. and July' 10,2014. respectively;
WHEREAS, the Parties desire to settle all claims. disputes. past, present. or titture
regrrding the Project. regardless of responsibility: and
WIIEREAS, the Parties believe it rvould be in their best interests and the best interests of
thc citizens oIthe City to agrec to the provisions of this Agreement.
NOW THEIIEFORE. in consideration tbr the exchange of promises contained herein.
and tbr othr'r good and valuable consideration. the receipt and suftciency of rvhich are hereby'
acknorvledgu-d by the Parties. the Parties agree as flollorvs:
l. Recitals: The abovc Recitals are true and correct and are incorporated heretn.
l. Settlement Ternrs: In consids'ration fbr the releases executed herein. the Parties
ilgrce as tbllo*s:
(a) The City a-srees to pa)' DMSI the sum of Four Hundred Thousand Dollars
ancl r.,*o Cents (5400,000.00) (the "Final Pa.""ment").
(b) Subject to the Cit;* Commission's approval o[ this Agreemerrt. the l:inal
Pavnrent shall be made b1' the Cit1, u'ithir.t thirt)' (30) da,v"s follo*'ing City
133
Clonrrnission approval. execution b1, the Citl' of thc associated Rcsolutiorr
appror.ing such settlcrur'nt and lirll executiorr of the Agreement b.n- each Partl'.
3. Rele:rses: ln t'urther consideration of the execution of this Agreement. the Parties
tbr thcmselves and their respective parent companies. subsidiaries. divisions, afliliates, unit
o\\ ners. insurers. ofticers, directors. agents. employees. subcontractors, representatives.
successors and assigns (the ''Cit1'Releasors" or "DlvISI Releasors," as the case may be), hereby
execute. subject to the conditions and exclusions set forth in this Agreement. the follorving
Releases:
(a) DMSI Releasors' Release of Citv Releasors:
Upon payment of the Final Pal,ment by the City and clearance of said funds. the DNISI
Ileleasors hereby remise, release, acquit. satisfu and forever discharge the City Releasors, n'hich
throughout this A-c,reement includes, but is not limited to, its affiliates, Commissioners, insurers,
sureties. directors, officers. enrplol'ees. agents and attorney,s, together rvith its heirs, executors.
administrators, associates. representatives, successors and assigns. of and from any and all
nranner of past, present and future claims, action and actions, suits, debts, dues, sums of money.
Accounts, reckonings, bonds. bills. specialties. covenants, contracts, controversies, agree'ments.
promises. r,ariances. trespasses. obligations. damages. judgments, costs. expenses. cause and
ciurses of action, executions. clainrs. liabilities. and demands rvhatsoever. in larv or in equit1,,
rrhcther tbr compensatorv. punitive, or other damages (collectively referred to in this Paragraph
as the "Claims"). rvhich the DMSI Releasors have held or norv hold, ever had. norv have, or
rvhich the DI{SI Releasors hereinafter can. shall or ma;y have against the City Releasors. tbr any
and all Clairns, rvhether knorvn or tmkno*'n, arising tiom. pertaining to and/or in an-v u'a1'
relating to the Project.
(b) Citv Releasors' Release of DMSI Releasors:
Exccpt as provided and expressly subject to the limitations set forth in this Paragraph 3(b)
and Para-{rerph 4 herein, rvhich the Parries agree and acknou{edge limits the scope of the Cit;-
lleleasors' release of the Divlsl Releasors to the DMSI Claim, the City Releasors hereby remise,
release. acquit. satisty and forever discharge the DMSI Releasors. rvhich throughout this
i\greement includc's, but is not limited to, its aftiliates, insurers. sureties, directors. oftlcers.
emplol'ees. agents and attome)-s. to-sether u'ith its heirs. executors, administrators. associates.
rL'prL'serrtatives, successors aud assigns. ol and fronr arr1, and all ntanner of past, present ancl
firture clairns, action and actions. suits. debts, dues. sums of monel'. accounts. rcckonings. bonds.
bilts. spccialties. covenants. contracts, controversies. agreements. promisc-s, r'ariancc's.
trcspassc's. obligations. damages. juclgments. costs. expenses. causL' and causes ol action.
c\L'cutious. claints and liabilities. ancl clcmands rvhatsoever. in larr' or in erluity. rvhether tor
conrpensatorv. punitive. or other clamages (collectively' ret'erred to in this Paragraph as ths'
"Claims"). uhich thc Citv Rclcasors have held or now hold. evc'r had. nou-have. or rvhich the
134
Citl Itcleasors hcreinatier can, shall or mav have against thc' Di\'ISl Releasors. llrr an) ancl a[[
Claims. u'hether knoun or unknou'n. arising lrom. pcrtaining to and/or in an1'u'a1'relirting to
onl-r thc D\,{Sl Claim.
4. Latent Defects. Warranties and Third Partv Actions:
(a) The Parties agree that, in additior"r to all other contractual obli-qations ol Dlv'ISI
pertaining to the Project. specit'rcalll.' excluded fronr an,r- release or rvaiver by the Parties ttnder
this r\greerrrent, are any demands, claims and causes of action arising frorn: (i) latent defects; (ii)
$'arrant)' claims: or (iii) an)' third party actions tbr property damage. bodily' injury. personal
injurl' or death pertaining to the Project. The Citl' shall not be precluded tiom hringing an1'
action at larv or equity arising l'rom or relating to such matters.
(b) DivISI agrees that it shall honor and be responsible to the City for all lvarranties
and -suarantees as specified in the Contract and/or as othenvise provided by lalv or in equitl'.
DMSI further acknorvledges and agrees that nothing contained in this Agreement shall constitute
a rvaiver of any right by the City to seek enforcement of those rvarranties and guarantees against
DI,lSI. its sureties. insurers, subcontractors and suppliers.
5. No ..\dmission of Liabilitv: It is understood and agreed that tl're claims u'hich are
the subject oIthis Agreement are disputed claims and that the execution of this Agreemeut by thc
Parties. and the exclusions set lbrth in this Agreement, are not intended to, and shall not in an1'
rvar'. constitute or be deemed an elipress or iurplied admission or acceptance olan;- negligence.
misconduct. responsibility or liability by' the Parties or an admission against interest by the
Parties, and that the Parlies expressly and specitically' denl' all such clainrs. Such consideratiotl
is being qir,en to reduce the expense. uncertainties and hazards of litigation and to mitigate
cllrnages to each of the Parties. There shall not be any implication by any trier of thct or larv o I
any admission or acceptance of liability or admission against interest by the Parties and it shall
not be uscd against the Cit1.'Releasors or the DNISI Releasors in any attempt to prove any tirture
liability claims.
6. Bindin'r Eft'ect: Subject to Cit;" Comrnission approval and execution b.v.- the
Parties. this A-rrreement shall be binding upon the Parties and their respective successors and
assigns. Horverer. execution and notarization b1.'all Parties shall be a condition precedent to the
etllctivcncss of tlris Agreement as binding asainst an;- Party'. If the Citl' Comurission does not
issuc the approval. the .\greenrent shall be null and roid and ot'no force and cthct.
7 . i\ttornel-'s [:ees: [f anl legal action. proceeding. or hearing is brought b1' the Citl'
Relcasors or the DIISI Releasors to resolve adispute regardin-u entbrcentent of the terms ot'this
i\grccnrcnt. thcn thc prevailing part), as betn'een the' Citl' Releasors ancl the DivlsI Relc'asors
135
shall bc'c'ntitled to recovcr reasonable attorne\"s lbes and court costs incurred. The Parties shall
lrerr lhcir orvn t'ecs and costs relatin-rr to the negr-'rtiation and execution of this Agreement to clatr,'.
L Nliscellaneous: The Parties lurther agree as lbllorvs:
(a) The Parties acknorvled,ue and agree that this Agreement is tully and
adequatel;- supported by consideration and is fair and reasonable. The Parties
t'urther acknou'ledge and agree that: (i) each Party has had the opportunity to
consult u.ith, and has in fact consulted with. such professionals, experts and legal
counsel of its choice as such Party may have desired rvith respect to all matters
settled and resolved herein; (ii) each Party has participated fully in the negotiation
ancl prepuration of this Agreement: (iii) each Party has carefully reviewed this
Agreenrent and is entering into same freely; and (ir,) this Agreement is entered
into in good faith and rvas not obtained by fraud, misrepresentation, or deceit.
Accordingly. this Agreement shall not be more strictly construed against an.v-
Party.
(b) The Parties hereto understand and agree that this Agreement rvill not be
binding on the Parties to this Agreement until such time as the City' Comnrission
of the City of Miami Beach has approved same. and the Agreement is fully
executed by the Parties to the Agreement. City Commission approval is a
material condition precedent to tl're execution and entbrceability of this
Agreement, rvithout u'hich the City does not agree to. and is not subject to, the
ternrs and conditions contained herein.
(c) Each of the signatories hereto represents that he or she has authority to
execLrte this Agreement and to biud the Partl' on rvhose behalf he or she has
signed.
(d) 1'his Agrec'nlent is bein-e consummated in the State of Ftorida. nnd the
perlbnnance by the Parties hercto is in the Statc of Florida. This Agreement shall
be construed and governed in accordance rvith the larvs of the State of Florida and
the sole'and exclusive veuue tbr any' law'suit relating to this Agreement is Nliami-
Dade Count,'-', Floricla. The Parties e.xpressl,v agree to n'air.e trial by jurf in an1'
action to enfbrce this r\greement.
(e) In construing this r\greerrrent. the singular shall be held to include the
plural. thc plural shalI be hr,'ld to inciude the singular. the use of an1' gender shall
be held to include everr, other and all genders. and captions and paragraph
headings shall be clisrcgurded.
136
(r)Tinre is nlthe essence in thc'perlbrmance of this A-qreetnent.
9. Errtire ;\ereement: This Agreement. to-sether *.ith an) docunrents rel'erenced
hr-'rein. constitutes the lirll and entire agreement and understanding betrveen the Parties as related
to the Project. and there are no agreements. representations or rvarranties except as specitically
set tbrth herein. This Agreernent replaces any prior or contemporaneous rvritten or oral
representation or understanding about the terms of this Agreement. All prior discussions.
lucgotiations. letters. denrands and rvritings of any' kind are fully merged into this Agreement and
are to be construed to be of no further force or effect, it being the intention of the Parties that this
Agreement shall sen'e as the sole and entire expression of their a-sreement and understanding.
This A_greement shall be binding on, and sl'rall inure to the benet'it o(. the respective successors
and assigns. ifany, ofeach Party.
10. Modification: No Waiver: This .Agreement may only be modified in w'riting
signed by both Parties. No rvaiver or modification of the Agreement or of any covenant,
cor:dition or [irnitation contained herein. shall be valid unless in lvriting and signed by all Parties
to the Agreenrent, or their authorized counsel. If the City or DMSI excuses or condones any'
breach or delault by thc other Party of any' obligation under this Agreement, this shall not be a
rraiver of such obligation rvith respect to any continuirlg obligation or subsequent breach or
default and no such rvaiver shall be implied.
I l. Counterparts: This Agreement may be executed in one or more counterparts.
cach of s'hich shall be deemed an original, but all of rvhich together represent one instrument
hinding orr the Parties. notwithstanding that all of the Parties are not signatories to the same
counterpilrt. Each Party shall execute four (4) original copies of the Agreement.
12. Severabilitr-: If an,v provision of this Agreement is held or rendered illegal or
uncnlorceable. it slrall be corrsidered separate and severable from this Agreernent and the
rcmaining provisions of this Agreernent shall remain in lull tbrce and effcct and bind the Parties
as thor.rgh the illegal or unentbrceable provision had never been included in the Arereement.
13. Captions: References: The captions of this Agreement are for the purpose of
conveuiencc ol ret'erence only and in no rvav define. limit or describe the scope or intent ol'the
.\greenrent or in auv rvav atl'ect thc tr-'rms and conditions of this Agreement. All referencc's in
the r\greemer"rt to the terms "herein." "hereunder." "hereof' and rvords of similar import shall
rcfcr to this .A,greerr1er1t. as distinguishcd tiom the Paragraph. Section and/or Subsectiort n'ithin
rrhich such term is locltecl.
137
l-t. Third Parties: Nothin-e express or implic'd in this r\greenrent is intended or should
Lrc cr.rnstrued to conlbr upon or uive any' person or entit)', other than the Citl' and D![S[. an1'
rir.lhts or ren'lcdies urder. or bv reasou of. this.r\grec-ment.
IN WITNESS WHEREOF. the Parties have set their hands and seals on the dav and date
tirst rvritten above:
fRenruinder of page intentionally left blank.)
138
ir & soNs tNc.
:rEtarv
.Dor,,,
Print Name
STATE OF FLORIDA
COI.JNTY OF MIAMI.DADE
The foregoing instnrment rvas acknowledged before me this A5 day of fu.*f.
2014, by David Mancini as President of David Mancini & Sonr Inc., ryho is personally kn-orm to
;npor who has produced _-- . -( type of identrfication).
Notary Public - State of Florida
My Commission Expires
PtSE'IEROI
ilohry n.lE . tlrh d floddr
X, Cmc. Erglot lF t3.20lt
Cmrtdon , EE t4029
lodrl ltuif tl{orJ fEbtt f.|r.
139
THE CI'TY OF NIIA}II I}EACI{, FLOIIID.,\,
a Nlunicipal Corporation of the Stltc of Florida
B)':
Print Name:
Title:
i\TTllST:
Citv Clerk
SEAL
:\PPROVED..\S TO FORN,I AND
CORITECTNESS:
Citv Attornev
140
RESOLUTION TO BE SUBMITTED
141
THIS PAGE INTENTIONALLY LEFT BLANK
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