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HomeMy WebLinkAboutII Construction Agreement Addendum ADDENDUM TO PHASE II RIDGEWOOD AVENUE IMPROVEMENTS CONSTRUCTION AGREEMENT THIS ADDENDUM TO CONSTRUCTION AGREEMENT ( "Addendum ") is made this day of w/ , 2010 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation ( "OWNER "), whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and BREWER PAVING & DEVELOPMENT, INC., a Florida corporation, ( "CONTRACTOR "), whose address is 3190 Grissom Parkway, Cocoa, Florida 32926, as follows: WITNESSETH: WHEREAS, Owner and Contractor entered into a Construction Agreement for Phase II of the Ridgewood Avenue Improvements ( "Agreement "); and WHEREAS, the parties desire to modify the Agreement's Contract Time to address revisions to the start and finish dates for Phase II of the Ridgewood Avenue Improvements; and WHEREAS, Section 33 of the Agreement requires that any modification to the Agreement shall be made in writing and executed by both parties; and WHEREAS, the parties desire to memorialize their mutual understanding regarding the modification of the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference as a material part of this Addendum. 2. Modification to Agreement. Section 5, CON TRACT TIME, of the Agreement is hereby deleted and replaced in its entirety with the following provision: 5. CONTRACT TIME — The CONTRACTOR shall begin work no later than November 15, 2010 and shall be substantially complete (i.e. complete with only final punch list items remaining) forty -five (45) consecutive calendar days thereafter. CONTRACTOR shall fully complete the work within ninety (90) consecutive calendar days from November 15, 2010. Extensions, if any are authorized by OWNER, and may only be granted in writing. 3. Other provisions. Any term or condition of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. Page 2 ADDENDUM TO PHASE II CONSTRUCTION AGREEMENT CONTRACTOR: ,•�� Brewer Paving & Development, Inc., Witnes =.1"f /� '_ / a Flori.. orporation. Print Name J //..(1 A - Print Name: lemmry, u/P Title: a� Witness: Date: _621 Print Name: OWNER: City of Cape Canaveral, ATTEST: a Florida municipal corporation. Angel Apperson, Clerk David Greene, City Manager 1 , Date: 717 /0 o City Seal ! A . J