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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 />7. 40% payment at take-down of all decorations by Contractor, which must be <br />completed by end of January 2025. <br />Except as otherwise set forth herein, all other terms and conditions of Section 4 of the <br />Agreement shall remain in full force and effect. <br />5. LIQUIDATED DAMAGES Section 21 of the Agreement entitled "Liquidated Damages" <br />is hereby amended as follows: <br />Failure to complete all work and services by November 16, 2024, or a subsequent date <br />determined as a result of any extensions granted in writing by the City, shall obligate the <br />Contractor to pay to City, as liquidated damages and not as a penalty, an amount of Two - <br />Thousand Three Hundred Dollars and No Cents ($2,300.00) for each calendar day of delay <br />in the completion of all the work and services. However, failure to complete all work and <br />services by November 23, 2024, or a subsequent date determined as a result of any <br />extensions granted in writing by the City, shall obligate the Contractor to pay to City, as <br />liquidated damages and not as a penalty, a lump -sum amount of Sixty -Eight Thousand Five <br />Hundred Dollars and No Cents ($68,500.00). If any liquidated damages are unpaid by the <br />Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the <br />monies due the Contractor. <br />6. OTIiER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, <br />all terms and conditions of the original Agreement between the parties, as amended, shall remain <br />in full force and effect. <br />7. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions <br />contained in this Fourth Amendment shall prevail and be given superior effect and priority over <br />any conflicting or inconsistent terms, statements, requirements or provisions contained in any other <br />document or attachment, including but not limited to Attachment "A" and `B." <br />IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to the <br />Agreement as of the date referenced above. <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />[SIGNATURE PAGE TO FOLLOW] <br />wvw� n nrvicivumnry 1 Page 3 of 7 <br />