HomeMy WebLinkAboutExhibitFLAGSTONE ISLAND GARDENS, ID# 19402
ADDENDUM NUMBER ONE
TO ,
AGREEMENT
FOR
WATER AND SANITARY SEWAGE FACILITIES
'FOR
FLAGSTONE ISLAND GARDENS
BETWEEN
MIAMI - DADE COUNTY
AND
. CITY OF MIAMI
AND
FLAGSTONE ISLAND GARDENS, LLC
This instrument prepared by:
Michael Suchogorski
New Business Supervisor
Miami -Dade Water and Sewer Department
3575 S. LeJeune Road
Miami, Florida 33146-2221
FLAGSTONE ISLAND GARDENS, ID# 19402
THIS ADDENDUM, made and entered into this day of
2007, by and between Miami - Dade County, a political subdivision of the State of Florida,
hereinafter designated as the "COUNTY", and City of Miami, a municipal corporation of
the State of Florida, hereinafter designated as the "CITY", and Flagstone Island Gardens,
LLC, a Delaware limited liability company, hereinafter designated as the "DEVELOPER";
WITNESSETH
WHEREAS, the COUNTY and the CITY and the DEVELOPER entered into an
Agreement for The Construction of Water and Sanitary Sewage Facilities for
"Flagstone Island Gardens, ID# 19402" dated April 25, 2007, recorded in Official
Records Book 25664 at Pages 0680 - 0715 of the Public Records of Miami - Dade County,
Florida, hereinafter referred to as "The Agreement", and
WHEREAS, the DEVELOPER has been delayed in meeting the performance
requirements specified in paragraph twenty-seven (27) of The Agreement, and
WHEREAS, the COUNTY is willing to enter into this Addendum provided that the
CITY and DEVELOPER abide by any policies or standards of the COUNTY which have
been revised since the date of The Agreement, and
WHEREAS, the DEVELOPER and/or CITY, as applicable, is willing to abide by
such policies or standards as specified in this Addendum;
NOW, THEREFORE, in consideration of the mutual covenants entered into between
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FLAGSTONE ISLAND GARDENS, ID# 19402 '
the parties hereto to be made and performed, and in consideration of the benefits to
accrue to each of the parties hereto, it is covenanted and agreed to as follows:
1. Paragraph twenty-seven (27) of The Agreement is hereby modified to read
as follows:
TERM OF AGREEMENT./ The DEVELOPER, the CITY and the'COUNTY
recognize that time is of the essepce and that this Agreement shall be deemed null
and void and unenforceable if the DEVELOPER fails to comply with any of the
following conditions, where applicable:
a. After execution of this Addendum, work on the water and/or sewer facilities
shall commence within one hundred eighty (180) days from the execution
date. Work shall be considered to have commenced and be in active progress
when engineering drawing are submitted to the DEPARTMENT for review
and approval, and, upon the DEPARTMENT'S issuance of said approval, a
full complement of workmen and equipment is present at the site to diligently
incorporate materials and equipment into the construction of the water and/or
sewer facilities throughout' the day on each full working day, weather
permitting.
b. Once the DEVELOPER commences work on the water and/or sewer facilities,
said work cannot be suspended, abandoned, or not in active progress for a
period exceeding one hundred eighty (180) days.
FLAGSTONE ISLAND GARDENS, ID# 19402 '
c. The remedies specified herein are cumulative with and supplemental to any
other rights which the COUNTY and/or the CITY may have pursuant to the law
or any other provision of this ;agreement.
2. Exhibit "C" of The Agreement is hereby replaced with Exhibit "C" attached
hereto.
All terms and conditions of Thb Agreement not specifically modified by this
Addendum shall remain in full force and effect.
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FLAGSTONE ISLAND GARDENS, ID# 19402
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials as of the day and year above written.
WITNESSETH: MIAMI - DADE COUNTY
signature
Bv:
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signature
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STATE OF FLORIDA
'COUNTY OF MIAMI - DADE
John W. Renfrow, P.E., Director
Miami -Dade Water and Sewer
Department
The foregoing instrument was acknowledged before me this day of
, 200_, by John W. Renfrow, P.E., Director, of the Miami -
Dade Water and Sewer Department, who is personally known to me and did not take
an oath.
Notary Public
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FLAGSTONE ISLAND GARDENS, ID# 19402
ATTEST:
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
By: i By:
Priscilla Thompson, Pedro G. Hernandez,
City Clerk City Manager
Approved as to Form and Correctne>;s:
Jorge L. Fernandez, City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Approved as to Insurance
Requirements:
LeeAnn Brehn
Risk Management Director
The foregoing instrument was acknowledged before me this day of
200, by Pedro G. Hernandez, City Manager of the City of
Miami, who is personally known to me and did not take an oath.
Notary Public Serial Number
print name
FLAGSTONE ISLAND GARDENS, ID# 19402
WITNESSETH: FLAGSTONE ISLAND GARDENS, LLCA
FLORIDA LIMITED LIABILITY COMPANY
By: Flagstone Development Corporation,
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a Florida corporation, its managing
member
signature
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signature
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By: Seal
Mehmet Bayraktar, President
The foregoing instrument was acknowledged before me this
day of
, 200, by
managing member, who is personally known to me or and has/hasn't produced
as identification and did/did not take an oath.
Notary Public Serial Number
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Approved for Legal Sufficiency:
Assistant County Attorney
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