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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax this Agreement. Consultant hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 5. Assignment. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, expressed, and written consent of the other party. 6. Term. This Contract shall commence upon execution, and expire upon the completion of the services described in Attachment "A." This contract may be renewed, upon mutual consent of both parties. Any renewal of this Contract shall be subject to appropriation of funds by the City Commission. 7. Termination. This Agreement may be cancelled by the City, with or without cause, upon thirty (30) days written notice to Consultant. This Contract shall be subject to immediate termination if the services do not comply with the specifications stated herein or fail to meet the City's performance standards. 8. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City to the attention of A. John Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and to Consultant at Coronado Productions, 9240 West Bay Harbor Drive, Suite 3 -C, Bay Harbor Islands, FL 33154, Attention: Fred L. Singer, Producer /Director. 9. 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 action or proceeding commenced under or pursuant to this Agreement shall be in Miami -Dade County, in the State of Florida. 10. Attorney's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. 2 000607 -022 Coronado Productions Consulting Agreement ,x'913