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Reso 2002-480
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Reso 2002-480
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Last modified
7/3/2013 4:36:09 PM
Creation date
1/25/2006 1:57:09 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2002-480
Date (mm/dd/yyyy)
10/10/2002
Description
– Agmt w/Pios & Son, for Stamped Asphalt Crosswalks on Collins Ave.
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<br />9. Assienment. This Agreement shall be binding upon and shall inure to the benefit of the <br />City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of <br />substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is <br />personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its <br />obligations to City hereunder without first obtaining the City's consent in writing. Any such <br />attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. <br /> <br />10. Term. The term of the Contract shall commence upon execution, and shall terminate upon <br />completion of work described in Exhibit "A". The City shall have the right to cancel this Agreement, <br />at any time during the term hereof, upon thirty (30) days notice to the Contractor. Payment wilt be <br />made only for work completed to the satisfaction of the City. Contractor is to commence <br />performance of work on the Commencement Date and continue in a diligent manner until work is <br />complete. Contractor acknowledges that compliance with the commencement and completion <br />schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive <br />termination of this Agreement. <br /> <br />11. Notices. All notices and other communications required or permitted to be given under <br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt <br />requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by <br />facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, <br />first class postage prepaid, return receipt requested or by overnight delivery by traditionally <br />recognized courier service), addressed to such party as follows: if to the City one to Christopher J. <br />Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles <br />Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and if intended for <br />Consultant, shall be addressed to Hector M. Ortiz, President, Pios and Sons Enterprises, 320 <br />Atlantic Avenue, Sunny Isles Beach, Florida 33160, (305) 919-9662 phone and (305) 919- <br />9073 fax. <br /> <br />12. Governinl! Law. The validity of this Agreement and the interpretation and performance <br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, <br />without regard to principles of conflict of laws thereof. The location of any action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of <br />Florida. <br /> <br />13. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in <br />writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice <br />to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a <br />refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in <br />circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay <br />for services rendered as of the date of termination. <br /> <br />14. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in <br />the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the <br />losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate <br />court, together with reasonable attorney's fees for the anticipated cost of collection and judgment <br />enforcement. <br /> <br />Page 3 of4 <br /> <br />Stamped Asphalt On Collins - Pios <br />
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