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<br />City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />12. Assil!nment. This Agreement shall be binding upon and shall inure to the benefit of
<br />the City and to any and all of its successors and assigns, whether by merger, consolidation,
<br />transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
<br />Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its
<br />rights or delegate its obligations to City hereunder without first obtaining the City's consent in
<br />writing. Any such attempted assignment or delegation shall be deemed of no legal force and
<br />effect whatsoever.
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<br />13. Term. This Contract shall commence on jJ tJv. \ S- , 200k:::, and expire on
<br />~ ~\-\..~ 1 i-~s ~, :2(;}(;} _' This contract may/may not be renewed, upon mutual consent
<br />of bo parties r an additional "'f*:riod. Any renewal of this Contract shall be
<br />subject to appropriation of funds by the City Commission.
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<br />14. Termination. This Agreement may be cancelled by the City, with or without cause,
<br />upon thirty (30) days written notice to Contractor. This Contract shall be subject to immediate
<br />termination if the services do not comply the specifications stated herein or fails to meet the
<br />City's performance standards.
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<br />15. Notices. All notices and other communications required or permitted to be given under
<br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
<br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
<br />requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by
<br />facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail,
<br />first class postage prepaid, return receipt requested or by overnight delivery by traditionally
<br />recognized courier service), addressed to such party as follows: if to the City to the attention of
<br />Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at
<br />City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and
<br />to Contractor at Civil Works, Inc., 10 N.W. 42nd Avenue, Suite 200, Miami, FL 33126; Attention:
<br />Linda M. Bell, P.E., President, Phone 305/448-5955; Fax 305/448-5466.
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<br />16. Governinl! Law. The validity of this Agreement and the interpretation and performance
<br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida,
<br />without regard to principles of conflict of laws thereof. The location of any action or proceeding
<br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of
<br />Florida.
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<br />17. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in
<br />writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice
<br />to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a
<br />refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in
<br />circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay
<br />for services rendered as of the date of termination.
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<br />18. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in
<br />the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the
<br />losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate
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<br />Civil Works Inc., Service Agreement No. 02-991831F
<br />10/2912002 - 3:23 PM
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