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<br />11. Assie:nment. This Agreement shall be binding upon and shall inure to the benefit of the
<br />City and to any and all of its successors and assigns, whether by merger, consolidation, transfer
<br />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 />12. Term. This Contract for additional services hereby amends that Contract dated November 1,
<br />2002 by and between the City of Sunny Isles Beach and Pios and Sons Enterprises, Inc., to include
<br />the additional services requested herein, as more particularly described in Exhibit "A" attached
<br />hereto, and shall commence on June 20, 2003, and expire on June 20, 2004. This contract may be
<br />renewed. Any renewal of this Contract shall be subject to appropriation of funds by the City
<br />Commission.
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<br />.13. Termination. This Agreement may be cancelled by the City, with or without cause,
<br />upon seven (7) days written notice to Contractor. This Contract shall be subject to immediate
<br />termination if the services do not comply with the specifications stated herein, or fails to meet
<br />the City's performance standards.
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<br />14. Notices. All notices and other communications required or permitted to be given under this
<br />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,
<br />and to Contractor at Pios and Sons Enterprises, 320 Atlantic Avenue, Sunny Isles Beach, Florida
<br />33160, Attention: Hector M. Ortiz, President.
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<br />15. Governine Law. The validity of this Agreement and the interpretation and performance of
<br />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 />16. 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 />17. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in the
<br />event suit or action is instituted to enforce any of the terms or conditions ofthis agreement, the losing
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<br />City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />Amendment I to Pios Stamped Asphalt Contract
<br />Attorney/ Agreements/ch
<br />6/18/2003
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