Loading...
HomeMy WebLinkAbout25816AGREEMENT INFORMATION AGREEMENT NUMBER 25816 NAME/TYPE OF AGREEMENT RF CONSTRUCTION GROUP INC. DESCRIPTION ASSIGNMENT & ASSUMPTION AGREEMENT/DEVELOPMENT OF SINGLE-FAMILY HOMES OR TWIN HOMES ON CITY - OWED PARCELS OF LAND/FILE ID: 17187/R-25-0110/MATTER ID: 25-1547/#30 EFFECTIVE DATE October 31, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/3/2025 DATE RECEIVED FROM ISSUING DEPT. 11/6/2025 NOTE 5 Ro ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment") is made and entered into as of the31 day of O Orse , 20 2.Sby and between the City of Miami, a municipal corporation of the State of Florida ("City"), RF Construction Group INC., A Florida for profit corporation ("Assignor"), and Lola Properties, LLC, a Florida limited liability company ("Assignee"). RECITALS WHEREAS, pursuant to Resolution No. 25-0110, adopted on March 13, 2025, the City approved the award of Request for Proposals ("RFP") 2021-04 for the development of single-family homes or twin homes on certain City -owned parcels of land ("Design -Build Agreement") executed on March 2, 2016, with all Pool participants; and WHEREAS, the Assignee, has assumed the Assignor's business interests, rights and responsibilities to said Design -Build Agreement; and WHEREAS, pursuant to Section 2, Article 110, "the performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Contractor without the written consent of the City"; and WHEREAS, the City will consent to such assignment and assumption upon the terms and conditions herein; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and other good and valuable consideration of which is hereby acknowledged, the parties agree as follows: 1) Recitals: The recitals herein are true and correct and are hereby incorporated into and made a part of this Acceptance of Assignment. 2) Citv's Consent. The City hereby acknowledges and consents to this Assignment of the Design Build Agreement between the City, the Assignor, and the Assignee for the Design Build Agreement, contingent upon: (1) Assignor hereby grants, bargains, sells, conveys, transfers, assigns, and sets over its entire rights, and delegates its entire obligations under the Design Build Agreement to Assignee. (2) Assignee hereby accepts the assignment and assumption of the Design Build Agreement from Assignor and acknowledges and represents to the City that it will abide by and assume each and every term, obligation and condition of the Design Build Agreement, including, but not limited to, each and every responsibility, duty and obligation of Assignor set forth in the Design Build Agreement, on or subsequent to the date of this assignment and assumption of the Design Build Agreement. (3) Execution of this Acceptance. By execution of this Acceptance of Assignment and Assumption of the Design Build Agreement, the Assignee agrees to the Terms and Conditions and provisions contained in the Contract and herein. 3) Notices: All notices or other communications required under this Acceptance of Assignment shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. To City: With Copy To: To Assignee: City of Miami Department of Housing and Community Development 444 S.W. 2nd Avenue Miami, FL 33130-1910 Attn: Victor Turner, Director George K. Wysong III City Attorney City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Lola Properties LLC. 15711 S.W. 143rd Avenue Miami, FL 33177 Attention: Omar Monzon, President 4) Counterparts. This Assignment and Assumption Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Assignment and Assumption Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Assignment and Assumption Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Assignment and Assumption Agreement upon request. 5) Governing Conditions. All remaining terms of the Agreement, not specifically changed herein, and any amendment or addendum thereto, shall remain in full force and effect through the extended term. [Signatures appear on following page.] IN WITNESS WHEREOF, the parties have executed this Assignment, or have caused the same to be executed, as of the date set forth above. ASSIGNOR: RF CONSTRUCTION, INC., a Florida for profit corporation By: //4J 'tt- - Name: j oL*v to Fc c, aca Title: PPS I&,-d-. ASSIGNEE: LOLA CONSTRUCTION, INC., a Florida limited liability company By: D / e �`' Name: Omar onzon Title: Presid t Todd B. City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: George IQ Wysong City Attorney -ICy1 "CITY" CITY OF MIAMI, a Florida municipal co . tion By: Arthur Noriega City Manager APPROVED REQUIRE David ' , Int- 'm Director Risk s aae s - nt as"