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Reso 2007-1070
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Reso 2007-1070
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Last modified
7/1/2010 9:42:10 AM
Creation date
6/20/2007 1:39:51 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1070
Date (mm/dd/yyyy)
04/19/2007
Description
Agmt w/Add Fire, Inc., Fireworks for City's 10th Anniversary Celebration
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<br />Ci(J' of SUIlIl)' Isles Beae" <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-31t3 Fax <br /> <br />guaranteed overnight delivery by a nationally recognized couricr service, or (iii) by facsimile with <br />confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage <br />prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), <br />addressed to such party as follows: <br /> <br />I f to the City: A. John Szerlag Hans Ottinot, Esq, <br /> City Manager City Attorney <br /> City of Sunny Isles Beach City of Sunny Isles Beach <br /> 18070 Collins Ave. 18070 Collins Avcnue <br /> Sunny Isles Beach, Florida 33160, Sunny Isles Beach, Florida 33160, <br /> Ph: 305-947-0606 Ph: 305-792-]702 <br />If to the Contractor: Tcd A, Walker, President <br /> Add Fire, Inc. <br /> 11370 NE 8 Avenue <br /> Biscayne Park, FL 3316 I <br /> Ph: 305-895-2231 <br /> Fax: 305-592-0924 <br /> <br />15, GOVERNING 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, without <br />regard to principles of conflict of laws thereof, The location of any legal action or proceeding commcnced <br />under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />16. CONFIDENTIAL INFORMATION: The Contractor shall not, either during the term of this <br />Agreement or any time for a period of TEN (10) years subsequent to that date upon which thc Contractor <br />shallleavc the employment of thc City for any rcason whatsocver, disclose to any person or entity, other <br />than in the discharge ofthc dutics of the Contractor under this Agrecmcnt, any information which thc City <br />dcsignates in writing as "confidential," As a violation by thc Contractor of the provisions of this Section <br />could cause irreparable injury to the City and there is no adequate rcmedy at law for such violation, the <br />City shall havc the right, in addition to any other remedies available to it at law or in equity, to enjoin the <br />Contractor in a court of equity for violating such provisions, <br /> <br />17, REMEIHES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to curc <br />such failure. If Contractor is unable to cure such failurc to perform, then City shall receivc a refund ti'om thc <br />Contractor in an amount equal to the actual cost of a third party to cure such failurc. Thc City may suc for <br />damages in circuit COllli. 1fCity fails, refuscs or is unable to perform any tcrm of this Agrcement, City shall <br />pay for services rendered as of the datc oftcnnination. <br /> <br />18, ATTORNEY'S FEES: If this matter is placcd in thc hands of an attorney for collection, or in <br />thc event suit or action is institutcd to ellforce any ofthc tcrms or conditions of this agrcement, the losing party <br /> <br />C0607-058 Add Fire, Inc. Agreement <br /> <br />Page 5 <br /> <br />SIB <br />
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