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CITY OF SUNNY ISLES BEACH AGREEMENT WITH CASTLE USA CORPORATION FOR THE DESIGN AND CONSTRUCTION OF THE FABRIC CANOPY STRUCTURE AT HERITAGE PARK CONTRACT NO.CIOII-050 THIS AGREEMENT, entered into this 12 day of _ II 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred s to the "City") and CASTLE USA CORP. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number is 3~"_~ tooT7-=<'7 . RECIT ALS WHEREAS, the City is in need of a contractor for the design and construction of fabric canopy structure at Heritage Park ("Services"), as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed One Hundred Eight Thousand Two Hundred Thirty-Six Dollars ($108,236.00). NOW THEREFORE, in consideration of the foregoing and' for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall commence from the execution date of this Agreement and the Services shall be completed no later than 100 (One Hundred) days thereafter. 4. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not completed within 100 (One Hundred) days from the execution date of this Agreement, and in the absence of any extensions granted by City, then the Contractor shall be required to pay a liquidated damage penalty of $700.00 (Seven Hundred Dollars) for each calendar day beyond the 100 (One Hundred) days completion period, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon C I 0 11-050 Castle USA Corp. Canopy for Heritage Park Page I of 11 '-.-! p ...;