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<br />- <br /> <br />Cio' of SUIIIlY Isles Beuch <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />If 10 the City: A. John Szerlag With a copy to: <br /> City Manager Hans Ottinot, <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Ave. City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160. 18070 Collins Avenue <br /> Ph: 305-947-0606 Sunny Isles Beach, Florida 33160. <br /> Ph: 305-947-0606 <br />If to the John Watson <br />Contractor: Front Line Environmental, Inc. <br /> 827 NW 143 Street, Suite B <br /> Miami, FL 33168 <br /> Ph: 954-732-6866 <br /> Fax: 954-431-0177 <br /> <br />IS. GOVERNING 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 legal action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />16. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to <br />cure such failure. If Contractor is unable to cure such failure to perform, then City shall receive a <br />refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. <br />The City may sue for damages in circuit court. If Contractor fails, refuses or is unable to perform any <br />term of this Agreement, City shall pay for services rendered as of the date of termination. <br /> <br />17. ATTORNEY'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 PaI1Y, 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 />18. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable by a <br />court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be <br />binding upon the parties with the same effect as though the void or unenforceable provisions had been <br />severed and deleted. <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of which shall <br />be deemed an original for all purposes. <br /> <br />- <br /> <br />C00607.030 Diesel Pump Agreement with Front Line Environmental, Inc. <br /> <br />5 <br /> <br />SIB <br />