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HomeMy Public PortalAbout1998 Village Green Restrooms-Pavillon Bid Results and ContractVILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning Village Council John F. Festa, Mayor Michele Padovan, Vice Mayor Mortimer Fried Gregory C. Han Hugh T. O'Reilly Martha Fdez-Ledn Broucek Betty Sime To: C. Samuel Kissinger Village Manager May 6, 1998 MEMORANDUM From: John P. Little, Jr. Director Building, Zoning and Planning RE: Village Green Restrooms/Park Pavilions/Bus Shelter Project - Bid Results Bids for the Village Green Restrooms/ Park Pavilions/ Bus Shelter project were opened on May 6, 1998. Three bids were received. The following is a list of bidders and item prices: Bid Item C.D.C. Builders Inc. Interscope Construction Valcam Construction, Inc. Item 1. Men & Women's Restrooms $ 137,200.00 $ 148,120.00 $ 224,284.35 Item 2. One Large Shade Pavilion (300 S.F.) $ 32,360.00 $ 38,205.00 $ 64,904.25 Item 3. Four Small Shade Pavilions (150 S.F.) $ 78,880.00 $ 84,200.00 $ 186,114.42 Item 4. Bus Shelter (number & location to be determined) $ 19,070.00 $ 21,350.00 $ 49,917.13 Total $ 267,440.00 $ 291,875.00 $ 525,220.15 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • Fax (305) 365-5556 MISSION STAILMLNI "TO PROVIDE A SAFE, QUALI FY (,OMMLINI IY FNVIRONMLN I FOR ALL ISLANDERS THROICH RESPONSIBLE GOVERNMFN I " CDC BUILDERS, INC. Licensed General Contractor C G C #016817 104 Crandon Blvd., Suite 409 Key Biscayne, Florida 33149 (305) 361-8711 (305) 365-9244 Fax TIME EXTENSION WORKSHEET # 1 A time extension for the completion date of the t011owing project is necessary: PROJECT: ADDRESS: DATE: 10 `-LCVS JOB #: Reason for Time Extension: t__ `'-o 4 "%., C_0," E. 5e UeS.-c _\ S 4 e t• -.s X6.1.vc...\1 ce_ t S ( JA\b Atk S So c' , e S as -e_ Additional time extension specified above becomes part of and is to be perfouned under the same conditions as the existing contract between Contractor and Owner. ADDITIONAL TIME REQUIRED: PREVIOUS CONTRACT COMPLETION DA'L'E: REVISED CONTRACT COMPLETION DATE: Contractor's Acceptance N/A Architect's Acceptance 's Acceptance 5 Business Days IQ/ oZ/ 9 to / 5 S� l /[TZ/9 Date / / Date lo/ o2/�� Date A Division of Charleston Development Company MINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 12, 1998 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorneys Richard Weiss and Stephen Helfman. 2. INVOCATION: Reverend Timothy Leighton, Key Biscayne Community Church gave the invocation. 3. PLEDGE OF ALLEGIANCE: Mayor Festa led the pledge of allegiance. 4. APPROVAL OF MINUTES: Councilmember Padovan offered technical corrections to the minutes of the Special Council Meeting of April 28, 1998. The minutes of the Special Council Meeting of April 23, 1998 and the corrected minutes of the Special Council Meeting of April 28, 1998 were approved by unanimous consent. 5. AGENDA: Councilmember Broucek requested the addition of a discussion regarding the redevelopment of Virginia Key as Item 11A5, Councilmember Padovan requested the addition of a brief discussion regarding the local library proposed county budget cut as Item 11A6; the Village Clerk requested the addition of a brief report on how to obtain absentee ballots and Mayor Festa requested the addition of a resolution as Item 10F. Mayor Festa requested the removal of Items 9A, IOC and 1 1D7 from the Consent Agenda. There were no objections to the agenda changes. 1 of 9 May 12, 1998 6. SPECIAL PRESENTATIONS: Anne Owens, Director for Community Affairs, The Islander News introduced The Islander News and the EnviroFest first place winners who presented packets to the Village Council. Jack Peeples, Intergovernmental Representative addressed the Council regarding beach nourishment. Mayor Festa presented a special recognition to the following individuals who helped the Fire Department with a pilot project for Habitat for Humanity Inc.: Reverend Tim Leighton, Terry Fallon and Gary Milford. Chris Sager addressed the Council regarding Villa # 69, The Key Biscayne History House. G. Jerry Chiocca, CPA, P.A., Director for Miami and Michael Futterman of Rachlin Cohen & Holtz, the Village's auditing firm, made a presentation to the Council regarding the 1997 Comprehensive Annual Financial Report. American Legion Auxiliary President, Conchita Suarez and Poppy Chairman, Mary Morgan presented poppies to the Village Council. 7. PUBLIC COMMENTS: Ed Meyer, 100 Sunrise Drive; Jim Peters, 561 Allendale Road; Jacqueline Rose, 2000 South Bayshore Drive, Miami; Wendy Johansen, 212 West Mashta Drive; Nancy Doke Harrison, 200 West Mashta Drive and Jacqueline Sanchez Volni, 385 Ridgewood Road addressed the Council. 8. CONSENT AGENDA APPROVAL: Mayor Festa made a motion to approve the consent agenda as amended. The motion was seconded by Councilmember Padovan and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 9. ORDINANCES: The Clerk read the following ordinance, on first reading by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE 1997-1998 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBITS "A" AND "B"; PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. Mayor Festa made a motion to adopt the ordinance on first reading. The motion was seconded by Vice Mayor Fried. ( 2 of 9 May 12, 1998 Councilmember Broucek seconded the motion and it failed by a 1-6 voice vote. The vote was as follows: Councilmember O'Reilly voting Yes. Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting No. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 28 "SIGNS" OF THE VILLAGE CODE, BY AMENDING SECTION 28-8 "TEMPORARY SIGNS", SUBSECTION (8) "REAL ESTATE OPEN HOUSE SIGN"; TO PROVIDE FOR PERMITTED LOCATIONS OF SAID SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE. The first reading of the above ordinances was scheduled for the Special Council Meeting of May 26, 1998. 10. RESOLUTIONS: The following resolutions were approved as part of the consent agenda: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH UNIVERSAL BEACH SERVICE CORPORATION, DELRAY BEACH, FLORIDA, FOR PROFESSIONAL SERVICES FOR BEACH CLEANING AND MAINTENANCE; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING THE FLOODPLAIN MANAGEMENT TASK FORCE FOR THEIR EFFORTS IN PROVIDING THE VILLAGE OF KEY BISCAYNE WITH A FLOODPLAIN MANAGEMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOGNIZING MAY 12 THROUGH MAY 18, 1998 AS NATIONAL POLICE WEEK; PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING AN IMMEDIATE NEED FOR THE ACQUISITION AND/OR ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE DISCUSSION WITH CERTAIN PROPERTY OWNERS WITHIN THE VILLAGE OF KEY BISCAYNE TO DETERMINE WHETHER SAID PROPERTIES ARE AVAILABLE FOR PURCHASE IN ORDER TO l 4 0f 9 r May 12, 1998 Councilmember O'Reilly made an amending motion to transfer this entire fund for tax reduction. The motion died for lack of a second. Mayor Festa made an amending motion to delete Key Biscayne Women's Club and substitute with Heritage Day Celebration and to transfer $50,000 from Grants into the Recreation Department. The motion was seconded by Councilmember Padovan and approved by 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember Q'Reilly voting No. The ordinance as amended was adopted on first reading by a 6-1 roll call vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Councilmember O'Reilly voting No. The following proposed ordinances were discussed by staff and the Council: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY AMENDING ARTICLE III "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-53.1 "SCHEDULE OF DEVELOPMENT CRITERIA' BUILDING PLACEMENT, SETBACKS, PERMITTED ENCROACHMENTS; DENSITY; HEIGHT; MINIMUM LOT SIZE, ETC." CREATING A 50 FOOT REAR SETBACK FOR CERTAIN PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE. Councilmember O'Reilly made a motion to have a 15 minute discussion on the above ordinances. The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Director of Building, Planning and Zoning, John Little, addressed the Council regarding these ordinances. Councilmember O'Reilly made a motion to table the ordinance regarding the setbacks. The motion died for lack of a second. Staff was directed to notify all of the affected property owners (setback ordinance) that Council will be considering this ordinance on first reading at the Council meeting of May 26, 1998 and also send a letter to property owners that are not affected to see if they would like to be included in this ordinance. Councilmember O'Reilly made a motion to not take action on the setback ordinance at this time. 3of9 May 12, 1998 MEET THE NEEDS OF THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE. Councilmember Sime made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. Michael Kelly, 310 Palmwood Lane; Luis de la Cruz, 640 Allendale Road; Jim Aldrige, 596 Fernwood Road; Tony Rabasa, 300 Cypress Drive and Michael Holmquist, 452 Ridgewood addressed the Council. Mayor Festa made a motion to table this resolution. The motion was seconded by Councilmember O'Reilly and failed by a 3-4 roll call vote. The vote was as follows: Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes. Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting No. The resolution was approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek, Han, Sime and Vice Mayor Fried voting Yes. Councilmembers O'Reilly, Padovan and Mayor Festa voting No. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, FINDING AN IMMEDIATE NEED FOR THE ACQUISITION AND/OR ESTABLISHMENT OF ACTIVE RECREATIONAL PLAYING FIELDS TO SERVE THE RESIDENTS OF THE VILLAGE OF KEY BISCAYNE, DIRECTING THE VILLAGE MANAGER TO IMMEDIATELY COMMENCE DISCUSSION WITH THE STATE OF FLORIDA WITH REGARD TO THE USAGE OF A PORTION OF BILL BAGGS STATE PARK TO MEET THE NEEDS OF THE COMMUNITY. Councilmember Sime made a motion to approve the resolution. The motion was seconded by Councilmember Broucek. The following residents addressed the Council: Susan Krupnick, Key Biscayne; Pat Weinman, 940 Mariner Drive; Steve Simon, 335 Harbor Lane and Nancy Doke Harrison, 200 West Mashta Drive. Councilmember Padovan made a motion to add under Section 1 the following language: "in a manner compatible with the environmentally sensitive surroundings". The motion was seconded by Mayor Festa and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 5of9 May 12, 1998 Councilmember O'Reilly made a motion to strike "acquisition and/or" from the title of the resolution. The motion was seconded by Mayor Festa and approved by a 4-3 voice vote. The vote was as follows: Councilmembers O'Reilly, Padovan, Sime and Mayor Festa voting Yes. Councilmembers Broucek, Han and Vice Mayor Fried voting No. The resolution as amended was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; EXPRESSING SYMPATHY IN THE DEATH OF CHARLES G. "BEBE" REBOZO; PROVIDING FOR AN EFFECTIVE DATE. The resolution was approved by unanimous consent of Council. Village Manager. The Manager presented to Council a request from the American Legion to hold Memorial Day ceremonies on the Village Green on May 25, 1998 at 10:00 A.M. The request was approved by a unanimous vote under the consent agenda. The Manager presented to Council a request from First Serve at The Lipton to hold a Fund Raising event in March 1999. It was the consensus of Council to approve the event and the Attorney was directed to respond in a form of a letter to First Serve approving the event. A request from Mr. Sixto Campano for traffic calming device on East Heather Drive was presented to the Council. The Manager was directed to conduct a traffic survey and to get a cost estimate to present before Council at a future meeting. The Manager gave a brief presentation regarding the condition of Calusa Park. The Manager was directed to send a letter to the County Manager requesting permission to make improvements to the building. The Manager informed the Council that Director Little had met with County officials regarding the sidewalks around the Key Biscayne Elementary School. The Attorney addressed the Council regarding the law on this issue. It was the consensus of Council that Councilmember Padovan contact the neighbors around the school regarding the lights for the basketball court and report back to Council at the next meeting. The Manager submitted to the Council a report on the beach nourishment project. It was the 6of9 May 12, 1998 consensus of Council that the Manager prepare a resolution, for the next Council Meeting, thanking Mr. Peeples for his efforts regarding beach nourishment. The Manager presented to Council the results of the bids for the Village Green improvements. CDC Builders, Inc. was the low bidder with a total of $267,440. Councilmember Sime made a motion to award the contract to CDC Builders, except for the bus shelters. The motion was seconded by Vice Mayor Fried and approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. Vice Mayor Fried made a motion to reconsider the award of the contract to CDC Builders. The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. Vice Mayor Fried made a motion to award the contract to CDC Builders for the restrooms and the pavilion only. Councilmember O'Reilly seconded the motion and it was approved by a 6-1 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Vice Mayor Fried voting Yes. Mayor Festa voting No. The Manager presented to Council a proposed service change enhancement for bulky waste pick-up to weekly. No action was taken at this time. The Manager presented to Council a proposed overall plan for the Emergency Services facilities per Resolution 98-21. Vice Mayor Fried made a motion to approve the plan as presented. The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. At this time the Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING THE VILLAGE COUNCIL'S OPPOSITION TO A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PROPOSED PURSUANT TO PETITION OF ELECTORS, WHICH PROVIDES FOR AN AMENDMENT OF THE VILLAGE CHARTER TO REVISE THE NUMBER OF TERMS AND MAXIMUM CONSECUTIVE YEARS OF SERVICE FOR THE OFFICE OF MAYOR. Councilmember Sime made a motion to approve the resolution. The motion was seconded by 7of9 May 12, 1998 Councilmember Broucek and approved by a 5-2 voice vote. The vote was as follows: Councilmembers Broucek, Han, Padovan, Sime and Vice Mayor Fried voting Yes. Councilmember O'Reilly and Mayor Festa voting No. Mayor Festa made a motion to extend the meeting 15 minutes. The motion was seconded by Councilmember Broucek and approve by a 7-0 voice vote. The vote was as follows: Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Mayor and Councilmembers. At this time Vice Mayor Fried addressed the Council reading a statement regarding Senate Bill 2474. Attorney Heitman addressed the Council regarding the process for the Seaquarium issue. Councilmember Broucek gave a brief report regarding a Commission Meeting she attended regarding Virginia Key. Councilmember Sime brought up at this time the fire vehicle bid award in the amount of $225,570. Councilmember Sime made a motion to approve the purchase of the fire vehicles. The motion was seconded by Councilmember O'Reilly and approved by a 4-3 voice vote. The vote was as follows: Councilmembers Broucek, O'Reilly, Sime and Vice Mayor Fried voting Yes. Councilmembers Han, Padovan and Mayor Festa voting No. The following information items were submitted to the Council: the monthly departmental reports (April); the April monthly report for the Key Biscayne Chamber of Commerce; a memorandum from Russ Marchner, Executive Director, Miami -Dade League of Cities regarding the Home Rule Charter, dated April 20, 1998; letter to Village Manager from Lynn Whisenhut, General Manager, Adelphia Cable regarding The Adelphia Connection quarterly newsletter, dated April 24, 1998; letter to Village Manager from Lynn Whisenhut, General Manager, Adelphia Cable regarding new services, dated April 24, 1998; letter to Maria E. Valls from Director of Building, Zoning and Planning regarding Mr. Leo Limos, dated April 22, 1998; Capital Improvement Program Report. Village Attorney. The Attorney's report was deferred to the next Council meeting. Village Clerk. The Clerk informed the Council that the following proclamations had been issued by the Office of the Mayor during the month of May: EMS Week and Municipal Clerks Week. 8 of 9 May 12, 1998 The following items were provided for information: letter to Village Clerk from Toni Jennings, President, The Florida Senate regarding SB 1726, dated April 22, 1998; memorandum to Village Council from Councilmember Michele Padovan regarding Bonanza '98, dated April 29, 1998; memorandum to Village Council from Councilmember Michele Padovan regarding Boundaries - Miami -Dade County School Board, dated April 30, 1998; memorandum to Village Council regarding the FACC Annual Conference to be held in Boca Raton, Florida from May 31 to June 3, 1998, dated May 5, 1998. 12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council and the public. 14. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. Respectfully submitted: b-7. ,die6 Conchita H. Alvarez, Village Clerk Approved this 26th day of May , 1998: oi 3-: __, F. Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9 of 9 May 14, 1999 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Joe I. Rasco, Mayor Gregory C. Han, Vice Mayor Scott Bass Martha Fdez-Leon Broucek Alan H. Fein Mortimer Fried Robert Oldakowski Village Manager C. Samuel Kissinger Mr. Jose Ortega C.D.C. Builders, Inc. 104 Crandon Blvd., Suite 409 Key Biscayne, FL 33149 Dear Jose, Please find enclosed an executed copy of the contract between your firm and the Village. This contract was approved by the Village Council on November 17, 1998. This letter shall serve as your Notice to Proceed. If you have any questions, please feel free to contact my office at your convenience. Thank you. Very truly yours, C. Samuel Kissinger Village Manager enclosures 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • Fax (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMEN r FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" CONTRACT FOR CONSTRUCTION THIS IS A CONTRACT, by and between THE VILLAGE OF KEY BISCAYNE, FLORIDA, municipal corporation of the State of Florida, hereinafter referred to as Village, and C.D.C. BUILDERS, INC., a Florida corporation, hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and Village, for the considerations hereinafter named. agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the Work described in the Contract Documents including Plans, Specifications and Addenda thereto for the following Project: Village of Key Biscayne, Florida, Construction of Village Green Restrooms and Pavilion. 1.2 Specifically, the Project consists of the following structures: 1.2.1 Two public restroom pavilions to be located in the Village Green within the Village of Key Biscayne; one pavilion to contain facilities for men and one for women. 1.2.2 One large shade pavilion of approximately 300 S.F. 1.3 Contractor acknowledges that the Village Council has awarded only Project items (1) and (2) from the bid proposal, as listed in Section 1.2 above. Contractor shall honor its bid proposal at the prices bid for items (3) and (4) (shade pavilions and bus shelters) listed in the bid, in the event that the Village Council subsequently awards such items (3) or (4) within 180 days from the date hereof. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed issued by the Village's Contract Administrator. The Work to be performed under this Contract shall be commenced within ten (10) calendar days after the date specified in the Notice to Proceed. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents and after execution of this Contract. f 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within ninety (90) calendar days from the date specified in the Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, Contractor shall pay to Village the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above for Substantial Completion. After Substantial Completion, should Contractor fail to complete the remaining Work within the time specified in Section 2.2 above for completion and readiness for final payment, Contractor shall pay to Village the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to Village for its inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Village as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above -stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the performance of the Contract, the total lump sum of One Hundred Sixty -Nine Thousand Five Hundred Sixty ($169,560.) Dollars. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Plans and Specifications. 3.2 The sum set forth in Paragraph 3.1 shall constitute the Contract Price which shall not be modified except by any Change Order issued by Village. 2 ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for Work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Village's Consultant. Contractor shall submit with each Application for Payment, an updated Construction Progress Schedule acceptable to Consultant as required by the General Conditions and a release of liens relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted to Consultant for approval. Village shall make payment to Contractor within forty- five (45) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated Progress Schedule. The Village shall provide the format for the application for payment. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by Village until final Completion and acceptance by Village in accordance with Article 5 hereof. Any interest earned on retainage shall accrue to the benefit of Village. 4.3 When determined to be necessary by Village's Consultant, and based upon the certification of the appropriate monetary amount to be withheld as determined by the Village's Consultant, Village may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective Work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. When the above grounds are removed or resolved or Contractor provides a Surety Bond or a consent of Surety, satisfactory to Village which will protect Village in the amount withheld, payment may be made in whole or in part to the Contractor. 3 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final acceptance, Consultant shall, within ten (10) calendar days, make a compliance review thereof. If Consultant finds the Work acceptable, that the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, or receipt in full in lieu thereof; and an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, or a consent of the surety to final payment; and the final corrected as - built drawings; and the final bill of materials, if required, and invoice. Village may withhold final payment under the same terms and conditions as set forth in Section 4.3 above. 5.3 The acceptance by the Contractor of final payment shall constitute a waiver of all claims against the Village by the Contractor, except those claims previously made and identified in writing by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 CONTRACT DOCUMENTS 6.1 The Contract Documents which comprise the entire agreement between the Village and the Contractor concerning the Work consist of this Contract for Construction, the Drawings, Plans and Specifications, the Invitation for Bids, the Addenda, the Bid, Instructions to Bidders, the General and Supplementary Conditions, the Performance Bond and Payment Bond, Insurance Certificates, the Notice of Award, the Notice to Proceed, any Change Orders and any other Contract Documents, not specifically listed herein which shall be considered incorporated into and made a part of this Contract by this reference and shall govern this Project. 4 6.2 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6.3 The Contract Documents shall remain the property of the Village. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided; however, that in no event shall the Contractor use, or permit to be used, any or all of such Contract Documents on other Projects without the Village's prior written authorization. ARTICLE 7 WAIVER OF JURY TRIAL Village and Contractor knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in State and or Federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of, under, or in connection with the Construction of the Work, or any course of conduct, course of dealing, statements or actions or inactions of any party. ARTICLE 8 ASSIGNMENT Neither party shall assign the Contract or any sub -contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Village's Contract Administrator. ARTICLE 9 MISCELLANEOUS 9. Insurance Requirements: 9.1 Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by Village (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth: 5 9.1.1 Workers' Compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its subcontractors maintain appropriate levels of worker's compensation insurance. 9.1.2 Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on- a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 9.1.2.1 Premises and/or Operations. 9.1.2.2 Independent Contractors. 9.1.2.3 Products and/or Completed Operations Hazard. 9.1.2.4 Explosion, Collapse and Underground Hazard Coverages. 9.1.2.5 Broad Form Property Damage. 9.1.2.6 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 9.1.2.7 Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 9.1.2.8 Village is to be expressly included as an Additional Insured on the above -referenced Policies. 9.1.3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 6 9.1.3.1 9.1.3.2 9.1.3.3 Owned Vehicles. Hired and Non -Owned Vehicles. Employers' Non -Ownership. 9.1.4 Builder's Risk Insurance. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering the Village, as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) per claim and the Contractor specifically agrees to pay all deductibles. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the Project by Village. 9.1.5 The Contractor shall either require each of it's Subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the same amounts specified above or insure the activities of it's Subcontractors in the Contractor's own policies. 9.1.6 If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 9.1.7 Notice of Cancellation and/or Restriction -The policy(ies) must be endorsed to provide the Village with at least thirty (30) days notice of cancellation and/or restriction. 9.1.8 Contractor shall furnish to the Contract Administrator Certificates of Insurance or endorsements evidencing the insurance coverage specified above within ten (10) calendar days after Notification of Award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. 9.1.9 All deductibles must be declared by Contractor and must be approved by the Village. 9.2 Village's Right To Terminate Contract 9.2.1 If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient 7 ii workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Village may, upon seven (7) days written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by Village, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by Village shall exceed the unpaid balance, then Contractor shall be liable and shall pay to Village the amount of said excess. 9.3 Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant in writing of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery and Consultant will promptly review the same. Any Work done after such discovery, but prior to written authorization of the Consultant, will be done at the Contractor's sole risk. 9.4 Contractor's Responsibility for Damages and Accidents: 9.4.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by Village, and shall promptly repair any damage done from any cause. 9.4.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by Village, Contractor shall replace same without cost to Village. 8 9.5 Defective Work/Guarantee: 9.5.1 Village shall have the authority to reject or disapprove Work which the Village finds to be defective. If required by the Village, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondefective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 9.5.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, Village shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by Village in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, Village may declare Contractor in default. 9.5.3 The Contractor shall unconditionally guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion. If, within one (1) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from Village, shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. 9.5.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 9.6 Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the proper authorities. 9 9.7 No Damages for Delay: No claim for damages or any claim, other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. 9.8 Safety and Protection: 9.8.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Village or Consultant's observations and reporting of unsafe conditions shall not relieve the Contractor of this sole responsibility. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 9.8.1.1 All employees on the Work and other persons who may be affected thereby; 9.8.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and; 9.8.1.3 Other property at the Project site or adjacent thereof, including trees, shrubs, lawns, walks, pavements, roadways, existing buildings, structures and utilities not designated for removal, relocation or replacement in the course of construction. 9.8.1.4 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property 10 V4\ caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed. 9.8.1.5 Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Village. 9.9 Exemption From Payment And Performance Bond: 9.9.1 As authorized by Section 255.05 (1)(a), this Project is exempt from posting of a payment and performance bond. 9.10 Indemnification: 9.10.1 In consideration of the separate sum agreed to be paid by Village of twenty-five dollars ($25.00) payable upon processing by Village of Contractor's first invoice the Contractor shall indemnify and save harmless the Village, its officers, agents, employees and Consultant, from and against any and all liability, suits, actions, claims, damages, costs, losses and expenses, including attorney's fees, from or on account of any injuries or damages, received or sustained by any person, persons, or property during or on account of any operations connected with the construction of this Project, including the warranty period; or by or in consequence of any negligent acts of Contractor or its subcontractors, agents, servants or employees, excluding that arising from the sole negligence of Village or Consultant, in connection with the same; from or on account of any act or omission of Contractor or its subcontractors, agents, servants or employees. 9.10.2 Contractor agrees to indemnify and save harmless Village, its officers, agents and employees and Consultant, from any and all such claims and fees, and from any and all suits and actions of every name and description that may be brought against Village, its officers, agents and employees or Consultant, on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against Village, its officers, agents and employees or Consultant, 11 for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. 9.10.3 Contractor further agrees to indemnify and save harmless Village, its officers, agents and employees and Consultant, for or on account of any injuries or damages, received or sustained by any person or persons resulting from any construction defects. 9.10.4 These indemnification provisions shall survive the term of this Contract. 9.10.5 In the event that any action or proceeding is brought against Village or Consultant by reason of any such claim or demand, Contractor, upon written notice from Village shall defend such action or proceeding by counsel satisfactory to Village. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at Village's option, any and all claims of liability and all suits and actions of every name and description that may be brought against Village or Consultant, excluding only those which allege that the injuries arose out of the sole negligence of Village or Consultant, which may result from the operations and activities under this Contract whether the construction operations be performed by Contractor, its subcontractors or by anyone directly or indirectly employed by either. 9.11 Public Entity Crimes Affidavit 9.11.1 Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 9.12 Capitalized Terms 9.12.1 Capitalized terms shall have their plain meaning as indicated herein. 9.13 Independent Contractor: The Contractor is an independent contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the Village. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 12 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, signing by and through its Village Manager authorized to execute same by Council action on the 13th day of May, 1998, and C.D.C. BUILDERS, INC. signing by and through —J os£ 4, O'p. E.GA , duly authorized to execute same. ATTEST: Village Cle This 0291z day of May, 1998. VILLAGE OF KEY BISCAYNE, F By: ger CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLICABLE. (Corporate Seal) This day of May, 1998. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B VILLAG aATTORNE 109001\agi cements\contract tor construction CONTRACTOR C.D.C.: ` i► ' S, INC. By: /4(.-3r'oC Title) -.S osc 74. 0eTeC-A; Pe__E's'OLAN-- (Type Name/Title signed above) 13 a. 1 .: 1 No, No v W •.LJ.a1 ava, vi .1.1. Recorded at: NOTICE; OF COMMENCEMENT 85 W. NcINTYRE STREET 44 W. Flagler St, 8th Floor KEY BISCAYNE, FL 33175 A RECORDED COPY MUST BE POSTED ON THE JOB SITE AT TIME OF FIRST INSPECTION 41 CI r0 2L42320020171 PERMIT NO TAX FOL 0 NO —) STATE OF FLORIDA on r>. COUNTY OF DADE THE UNDERSIGNED hereby gives notice that improvements w II be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following informati71 1;, provided in this Notice of Commencement 1. Legal description of property and street address 2 •9 L acres M/L, Matheson Estate, Plat book 46-86 Tract 7, less southern 490 feet: H/L rieasure R/A I.� 2. Description of improvement Construct Men';; and Women's Restrooms and one shade pavilion. 3 Owner(s) name and address: Village of Kioy Biscayne, 85 W. Mc Intyre St. Key Biscayne, Fl 33149 Interest in property Open space and rec -e ttion Name and address of fee simple titleholder Vil__ lg. of Key Biscayne, 85 W. McIntyre St, 4 Contractor's name and address Key Biscayne. F ida 33149 CDC Builders, Inc., 104 Crandon Blvd., Suite 409 Key Biscayne, FL 33149 5. Surety:(Payment bond required by owner from contractor, if any) Name and address: N/A Amount of bond $ 6. Lender's name and address N/A „ECt r.✓ �» L Of DAC* C a.,N T , ' L vin v RECQa[) FM- IL, HARVEY RUV CLERk CoRC It; COLR:' 7. Persons within the State of Florida designated by Owner upoi whom not ces or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes Name and address: N/A 8. In addition to himself, Owner designates the following Derson(s) to receive a copy of the Lienor's Notice as provided in Section 713.13(11(b), Florida Statutes. None Name and aL::iPess. 9. Expiration date of this Notice of Commencement: I;the expiration date is ' year from the date of recording unless a I different date is specified) (11/4/ 2 Spneture of Owner Print Owners Name C . Samuel Kissinger , V L11a£re Manager Prepared by Lora Stoddard Sworn to and subscribed before me this .9 % day o' J %,, ?'•` =, 19 7)' ft Andress l ,) V1.4[ LvttVLe(:)1. t Notary Public i t roc- y Rye' C. yi.0 Print Notary's Name NOTARY SQL - 2 (q . My Commission Expires' (NOTARY PUBtdC STA''TE CT FLO>F,IDA '2301-52 2-93 COMMISSION NUtC65118. MY COMMISSION EXP. 28 " "- Recorded at: 44 W. Flagler St, 8th Floor i815Th3885 NOTICE OF COMMENCEMENT VILLAGE OF KEY BISCAYNE 85 W. McINTYRE STREET KEY BISCAYNE, FL 33175 A RECORDED COPY MUST BE POSTED ON THE JOB SITE AT TIME OF FIRST INSPECTION PERMIT NO TAX FOLIO NO. 2442320020171 STATE OF FLORIDA. COUNTY OF DADE' THE UNDERSIGNED hereby gives notice that improvements will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement 1. Legal description of property and street address 2.91 acres M/L, Matheson Estate, Plat book 46-86 Tract 7, less southern 490 feet M/L measure R/A 1998 JUN 23 11:02 cs r) co 2. Description of improvement: Construct Men's and Women's Restrooms and one shade pavilion. I 3.Owner(s) name and address: Village of Key Biscayne, 85 W. Mc Intyre St. Key Biscayne, F1 33149 Interest in property: Open space and recreation Name and address of fee simple titleholder: Village of Key Biscayne, 85 W. McIntyre St, Key Biscayne- Florida 33149 4. Contractor's name and address: CDC Builders, Inc., 104 Crandon Blvd., Suite 409 Key Biscayne, FL 33149 5. Surety:(Payment bond required by owner from contractor, if any) Cr �pt�oF�rclac�zEec GtsC3oprc OF DARE COUNTY, FLORIDA Name and address: N/A RecoRU.VFRIFIED. HARVEY RUVIN Amount of bond $ c nRCLUT COURT 6. Lender's name and address. N/A 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes, Name and address: N / A 8. In addition to himself, Owner designates the following person(s) to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes. Nae and address. None m 9. Expiration date of this Notice of Commencement: (the expiration date is 1 year from the date of recording unless a different date is specified) (114) $pnaum of Owner Print Owners Name C. Samuel Kissinger, Village Manager Sworn to and subscribed before me this .J 3 day of L)i -., 19 l 12 41,._.1_,,c4L) OFFICIAL NOTARY SEAL. Notary Public Print Notary's Name My Commission Expires: NOTARYPUB UCSTATEOFFLORIDA COMMI5&1ON NO Cc6511s6 MY COMMISSION'EXP. MAY 28,2Gut Prepared by: Lora Stoddard Address: OS k.JJ • 1A4C, E 4- 3 -( e -c • S� 12301-52 2193