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FOURTH AMENDMENT TO THE AGREEMENT BETWEEN <br />THE G`ITY OF SUNNY ISLES BEACH AND LUKES' LANDSCAPING <br />INC., d/b/a/ LUKES- SAWGRASS LANDSCAPE, INC. <br />CONTRACT NO. C1314 -024 <br />THIS FOURTH AMENDMENT to the Agreement between the City of Sunny Isles Beach and <br />Lukes' Landscaping Inc., d/b/a/ Lakes- Sawgrass Landscape, Inc., executed this �_ day of <br />F:9ZEM -(� , 2014, is made a part of the original Agreement between the parties dated August <br />21, 2012, ("the Agreement') between the City of Sunny Isles Beach ( "City") and Lukes' Landsca ing Inc. <br />("Contractor') attached hereto as Attachment "A °, whose Federal Identification # is Sa • t St 1233 . The <br />City and Contractor hereby agree as follows: <br />1. WAIVER OF PERFORMANCE AND PAYMENT BONDS FOR ADDITIONAL SERVICES <br />TO BE PERFORMED. Section 2.7 of Request for Proposal ("RFP'I No. 12 -05 -01 for "Citywide <br />Landscaping Services" which is incorporated by reference into the original Agreement dated August 21, <br />2012, and requires the Contractor to furnish a performance and payment bond for 100' /o of the total recurring <br />services for services listed in RFP No. 12 -05 -01, is hereby waived for any additional services that occur <br />outside this scope of services. The waiver of this performance and payment bond applies to any expanded <br />scope of services identified in any Amendment to the original Agreement dated August 21, 2012. <br />2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms <br />and conditions of the original Agreement between the parties, dated August 21, 2012, shall remain in full <br />force and effect. <br />3. CONFLICTING PROVISIONS: If there is a conflict or inconsistency between any term, <br />stabemertl; requirement* or provision of any exhibit attached hereto, airy document or events referred to herein, <br />or any document incorporated into this Fourth Amendment, the teen, statement, requirement, or provision <br />contained in this Fourth Amendment shall prevail and be given superior effect and priority over any <br />conflicting or inconsistent term, statement, requirement or provision contained in any other document or <br />attachment, including but not limited to Attachment "A" attached hereto. <br />IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned <br />above. <br />WITNESS: LUKES' LANDSCAPING, INC., d/b/a/ LUKES- <br />SAWGRA.SS LAKDSCAPE, <br />jSignattine B< � O <br />M i l d J• 69 Signature and Title <br />Print <br />ATTEST: <br />LA <br />Jane A. Hines, IM MC, City Clerk <br />CITY OF SUNNY ISLES BEACH <br />orman S. Edelcup, Mayor <br />APPROVED AS TO FORM AND <br />LEGAL SUM <br />BY. <br />ns Kinoccitytorney <br />Exhibit "A" <br />