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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />no adequate remedy at law for such violation, the City shall have the right, in addition to any other <br />remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. <br />12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall <br />be interpreted and construed in accordance with and governed by the laws of the State of Florida. <br />All parties agree and accept that jurisdiction of any dispute or controversy arising out of this <br />Agreement, and any action involving the enforcement or interpretation of any rights hereunder <br />shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, <br />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state <br />courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or <br />other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to <br />enforce any term or provision under this Agreement and the City is the prevailing party then the <br />City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY <br />ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY <br />WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br />LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to <br />serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed <br />by the City pursuant to Section 768.28, Florida Statutes. <br />13. NOTICES. All notices and other communications required or permitted to be given <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, <br />or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or <br />registered mail, first class postage prepaid, return receipt requested or by overnight delivery by <br />traditionally recognized courier service), addressed to such party as follows: <br />If to the City: <br />Stan Morris <br />With a copy to: <br />City Manager <br />Edward A. Dion <br />City of Sunny Isles Beach <br />City Attorney <br />18070 Collins Avenue <br />City of Sunny Isles Beach <br />Fourth Floor <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />Fourth Floor <br />Tel: (305) 792-1776 <br />Sunny Isles Beach, Florida 33160 <br />Tel: 305 792-1766 <br />If to the <br />Lalo Azcona, Vice President <br />Contractor: <br />DuraSery Corp. d/b/a Overhead Door <br />Company of Sourth Florida <br />3949 Commerce Parkway <br />Miramar, FL 33025 <br />laloAohdsf.com <br />305-563-1154 <br />14. PUBLIC RECORDS. The Contractor shall be required to comply with the following <br />requirements under Florida's Public Records Law: <br />(i.) Contractor shall keep and maintain public records required by the City to perform the <br />service. <br />DuraSery Corp. 2021-7740 <br />