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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />Landlord in connection with or to induce Landlord to enter into
<br />the Lease shall prove to be materially false or misleading when
<br />made or furnished.
<br />
<br />Remedies. Upon the occurrence of a default by Tenant pursuant
<br />to the foregoing Section or otherwise in under the Lease,
<br />Landlord may at any time thereafter, with or without notice or
<br />demand and without limiting Landlord in the exercise of any
<br />right or remedy which Landlord may have by reason of such
<br />default:
<br />
<br />Terminate Tenant's right to possession of the Premises by any
<br />lawful means, in which case the Lease and the term hereof shall
<br />terminate and Tenant shall immediately surrender possession
<br />of the Premises to Landlord. In such event, Landlord shall be
<br />entitled, at its option, and without notice to Tenant, to
<br />accelerate the remaining rent due and to recover from Tenant
<br />all damages incurred by Landlord by reason of Tenant's default.
<br />Maintain Tenant's right to possession of the Premises by any
<br />lawful means, in which case the Lease and the term hereof shall
<br />continue in effect whether or not Tenant shall have vacated or
<br />abandoned the Premises. In such event Landlord shall be
<br />entitled to enforce all of Landlord 's rights and remedies under
<br />the Lease, including the right to recover the rent as it becomes
<br />due hereunder.
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<br />Pursue any other remedy now or hereafter available to Landlord
<br />under the laws or judicial decisions of the jurisdiction where the
<br />Premises are located.
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<br />Cumulative Remedies. No remedy or election hereunder shall
<br />be deemed exclusive but shall, wherever possible, be
<br />cumulative with all other remedies provided in this Section or
<br />otherwise available at law or in equity.
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<br />1.38 MISCELLANEOUS:
<br />
<br />Proposers acknowledge the following miscellaneous
<br />conditions:
<br />
<br />1.38.1 Whenever any provision of the Contract
<br />Documents requires the giving of written notice it
<br />shall be deemed to have been validly given if
<br />delivered in person to the individual or to a
<br />member of the firm or to an officer of the
<br />corporation for whom it is intended, or if delivered
<br />at or sent by registered or certified mail, postage
<br />prepaid, to the last business address known to
<br />them who gives the notice.
<br />
<br />1.38.2 The Contract Documents shall remain the property
<br />of the City. The Contractor shall have the right to
<br />keep one record set of the Contract Documents
<br />upon completion of the Project.
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<br />1.38.3 The duties and obligations imposed by these
<br />General Conditions, Special Conditions and
<br />Supplemental Conditions and the rights and
<br />remedies available hereunder, and, in particular
<br />but without limitation, the warranties, guarantees
<br />and obligations imposed upon Contractor and
<br />those in the Special Conditions and the rights and
<br />remedies available to the City, shall be in addition
<br />to, and shall not be construed in any way as a
<br />limitation of, any rights and remedies available by
<br />law, by special guarantee or by other provisions of
<br />the Contract Documents.
<br />
<br />1.38.4 Should the City or the Contractor suffer injury or
<br />damage to its person or property because of any
<br />error, omission, or act of the other or of any of their
<br />employees or agents or others for whose acts they
<br />are legally liable, claim shall be made in writing to
<br />the other party within a reasonable time of the
<br />first observance of such in jury or damage.
<br />
<br />1.39 WAIVER OF JURY TRIAL:
<br />
<br />City and Contractor knowingly, irrevocably voluntarily and
<br />intentionally waive any right either may have to a trial by jury in
<br />State or Federal Court proceedings in respect to any action,
<br />proceeding, lawsuit or counterclaim based upon the Contract
<br />Documents or the performance of the Work there under.
<br />
<br />1.40 GOVERNING LAW:
<br />
<br />The Contract shall be construed in accordance with and
<br />governed by the law of the State of Florida.
<br />
<br />1.41 VENUE:
<br />
<br />Venue of any action to enforce the Contract Documents shall be
<br />in Miami-Dade County, Florida.
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<br />1.42 ARBITRATION:
<br />
<br />It is the intention of the parties that whenever possible, if a
<br />dispute or controversy arises hereunder then such dispute or
<br />controversy shall be settled by arbitration in accordance with
<br />the procedures, rules and regulations of the American
<br />Arbitration Association. The decision rendered by the
<br />Arbitrator shall be final and binding upon the parties and
<br />judgment upon the award rendered by the arbitrator may be
<br />entered in any court having jurisdiction. Arbitration shall be
<br />held in Miami-Dade County, Florida. All costs of arbitration and
<br />attorneys’ fees incurred by the parties shall be paid by the non-
<br />prevailing party or, if neither party prevails on the whole, each
<br />party shall be responsible for a portion of the costs of arbitration
<br />and their respective attorneys’ fees as may be determined by
<br />the court on confirmation.
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<br />1.43 PROJECT RECORDS:
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<br />City shall have right to inspect and copy during regular business
<br />hours at City’s expense, the books and records and accounts of
<br />Contractor which relate in any way to the Project, and to any
<br />claim for additional compensation made by Contractor, and to
<br />conduct an audit of the financial and accounting records of
<br />Contractor which relate to the Project. Contractor shall retain
<br />and make available to City all such books and records and
<br />accounts, financial or otherwise, which relate to the Project and
<br />to any claim for a period of three years following final
<br />completion of the Project. During the Project and the three year
<br />period following final completion of the Project, Contractor
<br />shall provide City access to its books and records upon five days
<br />written notice.
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<br />1.44 SEVERABILITY:
<br />
<br />If any provision of the Contract or the application thereof to any
<br />person or situation shall to any extent, be held invalid or
<br />unenforceable, the remainder of the Contract, and the
<br />application of such provisions to persons or situations other
<br />than those as to which it shall have been held invalid or
<br />unenforceable shall not be affected thereby, and shall continue
<br />in full force and effect, and be enforced to the fullest extent
<br />permitted by law.
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<br />1.45 INDEPENDENT CONTRACTOR:
<br />
<br />The Contractor is an independent Contractor under the
<br />Contract. Services provided by the Contractor shall be by
<br />employees of the Contractor and subject to supervision by the
<br />Contractor, and not as officers, employees, or agents of the City.
<br />Personnel policies, tax responsibilities, social security and
<br />health insurance, employee benefits, purchasing policies and
<br />other similar administrative procedures, applicable to services
<br />rendered under the Contract shall be those of the Contractor.
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