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HomeMy WebLinkAboutE-mail from Raul Aguila re: Unidad Page 1 of 1 Parcher, Robert Sent: To: Cc: From: Aguila, Raul Wednesday, October 18, 20062:29 PM Parcher, Robert Smith, Jose; Gonzalez, Jorge; Middaugh, Bob; Velasco, Ana Cecilia; VICTOR M. DIAZ; Damien, Eiizabeth Subject: Operation and Management Agreement with UNlOAD for North Beach Senior Center/ITEM R7-Q on 9/6/06 Meeting Bob: Pursuant to your request, and for your records on the above referenced matter, please be advised that, as a result of the incorporation of the City Commission's amendment (pursuant to its adoption of the Agreement at the September 6, 2006 meeting) that the Planning Board and City Commission have review and approvai over the Concept Plan Design for the proposed improvements for the Center, it necessitated revising the back-end timelines on subsection 9.7.6 (pp14-15 of Agreement). Therefore, under hard copy to follow, I have revised and replaced the corresponding pages on the Agreement. Thank you, Raul 10/18/2006 Improvements, UNIDAD shall prepare, construction Plans and Specifications for construction of the Proposed Improvements, consistent with the Preliminary Plans and Specifications (as approved by the City and the applicable City boards) 9.7.6 Construction CommencementJUNIDAD's Ril!ht to Terminate. 9.7.6.1 As conditions precedent to UNIDAD's commencement of construction of the Proposed Improvements, UNIDAD shall obtain a final Building Permit for the Proposed Improvements by not more than 120 days from the Commencement Date, and failure to do so shall constitute a default under this Agreement. UNIDAD shall not commence construction of the Proposed Improvements unless and until (a) UNIDAD shall have obtained and delivered to City copies of all final permits and approvals required to commence construction; (b) UNIDAD shall have delivered to City original certificates of the policies of insurance required to be carried by UNIDAD's contractor(s) pursuant to Exhibit "B" to this Agreement, attached hereto and incorporated; and (c) UNIDAD shall have obtained and furnished to City a payment and performance bond from UNIDAD's general contractor (the Payment and Performance Bond), in a form reasonably acceptable to City, issued by a surety listed in the most recent U.S. Dept. of Treasury listing of approved sureties, guaranteeing the performance by the general contractor for construction of the Proposed Improvements. The City of Miami Beach, Florida, shall be named as a dual obligee under the Payment and Performance Bond. The City (solely in its proprietary and not in its regulatory capacity) shall reasonably cooperate with UNIDAD in obtaining the permits and approvals required to construct the Proposed Improvements; shall sign any application reasonably made by UNIDAD that is required in order to obtain such permits and approvals; and shall provide UNIDAD with any information and/or documentation not otherwise reasonably available to UNIDAD (if available to City) that is necessary to procure such permits and approvals. Any such accommodation by City shall be without prejudice to, and shall not constitute a waiver of City's rights to exercise its discretion in connection with its regulatory functions. 9.7.6.2 UNIDAD shall, at its expense, (a) commence construction ofthe Proposed Improvements on or before sixty (60) days after all permits and approvals necessary for the commencement of construction are issued, but no later than six (6) months from the Commencement 14 Date (the "Construction Commencement Date"), and (b) thereafter continue to prosecute construction of the Proposed Improvements with diligence and continuity to completion. "Commence Construction" or "Commencement of Construction" means the commencement of major work (such as pilings or foundations) for construction of the Proposed Improvements. Promptly after commencement of construction, UNIDAD shall notify City in writing of the actual date of such commencement. Any and all preliminary site work (including, without limitation, any environmental remediation and ancillary demolition) shall not be deemed to be commencement of construction. If, after UNIDAD has commenced construction, UNIDAD fails to diligently prosecute construction of the Proposed Improvements (subject to unavoidable delays), and such failure continues (subject to unavoidable delays) for thirty (30) consecutive days after UNIDAD's receipt of notice of such failure, City shall, in addition to all of its other remedies under this Agreement, have the right to seek such equitable relief (either mandatory or injunctive in nature) as may be necessary to cause diligent and continuous prosecution of construction ofthe Proposed Improvements (subject to unavoidable delays) by UNIDAD, it being understood that construction of the Proposed Improvements is a material inducement for to City to enter into this Management and Operation Agreement, and monetary damages shall be inadequate to compensate City for harm resulting from such failure. Notwithstanding anything to the contrary contained herein, if UNIDAD fails to substantially complete construction of the Proposed Improvements by the date provided for in this Agreement, then the same shall constitute a default under this Agreement. 9.7.6.3 "Unavoidable delays" shall mean delays due to strikes, slowdowns, lockouts, acts of God, inability to obtain labor or materials, war, enemy action, civil commotion, fire, casualty, eminent domain, catastrophic weather conditions, a court order that actually causes a delay (unless resulting from disputes between or among the party alleging an unavoidable delay, present or former employees, officers, members, partners or shareholders of such alleging party or of affiliates of such alleging party), in the application of any requirement. The party alleging unavoidable delay shall notify the other within twenty days of such occurrence, however, failure to do so shall not waive any rights caused by such delay. The times for performance related to the Proposed Improvements set forth in this Agreement shall be extended to the extent performance is delayed by unavoidable delays. 15