HomeMy WebLinkAboutCathcart Contracting Company Addendum -2001 02 09
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ADDENDUM
THIS ADDENDUM to. that certain Agreement, dated September 28, 1999,
between the CITY OF WINTER SPRINGS ("Owner") and CATHCART
CONTRACTING COMPANY ("Campany"), is entered into this -.5~ day af?~fX..I\ '
2001.
Whereas, Owner and Campany previausly entered into. that certain agreement,
dated September 28, 1999 ("Agreement"), by which Company agreed to. perf arm
canstructian services far the Tuscawilla Lighting and Beautificatian District Entryway
Enhancements ("Enhancements"): and
Whereas, Owner plans to. finance the censtructian af the Enhancements thraugh
the issuance af municipal bands and the implementatian of a special assessment far the
area within the Tuscawilla Lighting and Beautificatian District ("District"): and
Whereas, the issuance af the Bands and the implementatian af the Assessment
was challenged in the Circuit Caurt in and far Seminole Catinty by citizens living in the
District: and
Whereas, as the result of that challenge, theCampany's work under the.
Agreement was suspended by the Owner: and
Whereas, because of the challenge, the Owner is seeking to. validate the Bends
and Assessment pursuant to. Chapter 75, Flarida Statutes ("Band Validatian
Proceeding"); and
Whereas, the Band Valuatian Praceeding is currently. an appeal at the Florida
Supreme Caurt and the outcome is uncertain at the effective date afthis Addendum; and
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Whereas, under the terms and canditians cantained herein, Owner and Campany
desire to. indefinitely suspend the wark under the Cantract until such time as the Bond
Praceeding is campleted and the Owner determines whether ar nat to. issue the Bands.,
IN CONSIDERATION afthe-mutual- pramises and ather cansideratian set forth
herein, the receipt and sufficiency af which is hereby acknawledged by the parties to.
have been received, Owner and Campany agree as fallaws:
Section 1. Incorporation of Recitals: The faregaing recitals are hereby
acknawledged by the parties to. be true and carrect and are hereby fully incarparated
herein by this reference. .
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Section 2. Amendment to Agreement. Natwithstanding any ather previsian
cantained in the Agreement, including the Cantract Dacuments set farth in Sectian 2 af
the Agreement, Owner and Camp any agree that the work described in the Agreement is
indefinitely suspended until such time as a final dispasitien af the Band Pro~eeding has
been rendered by a caurt af campetent jurisdictian and the Owner determines, no. later
than sixty (60) days after said dispasitian, whether ar nat to. issue the Bonds. During the
first year and ane-half af such suspensian Campany agrees nat to. terminate the'
Agreement.
Section 3. Payment to Company. Within thirty (30) days afthe date the parties
fully execute this Agreement;Owner agrees to. pay Campany Nineteen Thausand Faur
Hundred Dollars ($19,400.00) far all af Campany's present aut-ef-packet expenditures
for banding, equipment mabilizatian, and ather reasanable expenses incurred as a result
af the initial suspensian af wark under the Agreement. This payment to. Campany
satisfies, in full, any and all present ar future claims arising aut of the initial suspensian
af wark.
Section 4. Adjustment to the Agreement. If Owner recammences wark under
the Agreement, Owner and Campany agree the Campany shall be paid a material and
labar escalatian fee of two. percent (2%) per annum, ar the increase in the Cansumer
Price Index, whichever is greater, far each manth, ar part thereaf, the praject is
suspended, beginning at the effective date afthe Suspensian afWark Order (Octaber 21,
1999) and ending with the date af issuance af the Secand Natice To. Proceed. In additian
to the abave payments, Owner agrees to. grant an apprapriate extensian af time to.
perfarin the wark under the Agreement, provided the extensian is attributable to. the time
delay caused by the Band Valuatian Proceeding.
Section 5. Other Terms. All ather terms and canditians afthe Agreement, and
the rights.afthe parties under the Agreement, shall be preserved and remain in full farce
and effect, except as madified herein.
Company
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GFE-Word-Beautification-Addendum # I, 1/19/01
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Ranald w McLemore" "
Witness City Manager: ' \
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as to. farm and cantent Date 3/1'
G FE- Word-Beautification-Addendum # I, 1/19/0 I