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<br />SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 <br /> <br />COUNTY against losses resulting from any and all defects in materials or improper <br /> <br />performance of work. If there is no building construction underway within the CITY'S <br /> <br />property at the time of conveyance, the COUNTY shall have the right to require that the <br /> <br />term of the Maintenance Bond be extended for a period not to exceed an additional two (2) <br /> <br />years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such <br /> <br />defects which are discovered within the warranty period or periods as set forth above, <br /> <br />failing which the COUNTY shall make such repairs and/or replacements of defective work <br /> <br />and/or materials and the CITY and/or its Surety shall be liable to the COUNTY for all costs <br /> <br />arising therefrom. The CITY also warrants that it shall be solely responsible for the repair <br /> <br />of any damages to said facilities caused by persons in its employment. <br /> <br />22. TERM OF AGREEMENT. Both the CITY and the COUNTY recognize that <br /> <br /> <br />time is of the essence and that this Agreement shall be deemed null and void and <br /> <br /> <br />unenforceable if the CITY fails to comply with any of the following conditions, where <br /> <br /> <br />applicable: <br /> <br /> <br />a. After execution of this Agreement, work on the water and/or sewer facilities <br /> <br /> <br />shall commence within one hundred eighty (180) days from the execution <br /> <br /> <br />date. Work shall be considered to have commenced and be in active progress <br /> <br /> <br />when engineering drawings are submitted to the DEPARTMENT for review <br /> <br />and approval, and, upon the DEPARTMENT'S issuance of said approval, a <br /> <br />full complement of workmen and equipment is present at the site to diligently <br /> <br />incorporate materials and equipment into the construction of the water and/or <br /> <br />sewer facilities throughout the day on each full working day, weather <br />