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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 />City and in conformity with Section 255.05, Florida Statutes, shall be recorded in the Public <br />Records of Miami -Dade County before construction commences, and shall be executed by a <br />surety, or sureties, reasonably suitable to the City. The Public Construction Bond shall continue in <br />effect through the contract term. The bonds shall be with a surety company authorized to do <br />business in the State of Florida and having been in business with a record of successful continuous <br />operation for at least five (5) years. <br />The Bond shall guarantee all work and materials furnished under the Agreement including losses <br />resulting from defects in the materials or improper performance of Services under the Agreement <br />that may appear or be discovered during performance of the Services or during any applicable <br />warranty period after completion of all Services. <br />9. TERMINATION AND REMEDIES FOR BREACH. <br />A. If, through any cause within reasonable control, the Contractor shall fail to fulfill <br />in a timely manner or otherwise violate any of the covenants, agreements or <br />stipulations material to this Agreement, the City shall have the right to terminate <br />the Services then remaining to be performed. Prior to the exercise of its option to <br />terminate for cause, the City shall notify the Contractor of its violation of the <br />particular terms of the Agreement and grant Contractor ten (10) days to cure such <br />default. If the default remains uncured after ten (10) days the City may terminate <br />this Agreement, and the City shall receive a refund from the Contractor in an <br />amount equal to the actual cost of a third party to cure such failure. If Contractor <br />fails, refuses or is unable to perform any term of this Agreement, City shall pay for <br />services rendered as of the date of termination. <br />1. In the event of termination, all finished and unfinished documents, data and <br />other work product prepared by Contractor shall be delivered to the City and <br />the City shall compensate the Contractor for all Services satisfactorily <br />performed prior to the date of termination. <br />2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability <br />to the City for damages sustained by it by virtue of a breach of the Agreement <br />by Contractor and the City may reasonably withhold payment to Contractor for <br />the purposes of set-off until such time as the exact amount of damages due the <br />City from the Contractor is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the Services then remaining to be performed at any time <br />by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(1) <br />and A(2) above shall be applicable hereunder. <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES <br />