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: qty of Sun,,)' Isles Beuch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (30S) 947-0606 phone (305) 949-3]]3 Fax If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins Ave. City of Sunny Isles Beach Sunny Isles Beach, Florida 33160. 18070 Collins A venue Ph: 305-947-0606 Sunny Isles Beach, Florida 33160. Ph: 305-947-0606 If to the Contractor: Kevin M. Rafferty, President KMR Construction Management, Inc. Miami-Ft. Lauderdale Office 2042 Madison Street Hollywood, FL 33020 Ph: 954-342-3400 Fax: 954-342-3404 14. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15. ARBITRA TION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16. WAIVER OF RIGHT TO JURY TRIAL: Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party. 17. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform, then City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. C0607-0lJ4 I(MR Construdion Management. Inc. Services Agrecmenl 6 S\~