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<br />. <br /> <br />TOWN NO. USTOMER NO. JOB NO. PO NO. ESTIMATE # <br />0149-MIAMI, FL 114950876 1-77LS8H <br /> <br />=r AIwBys Thom' <br />AOT Securtty Services, Inc. <br /> <br />COMMERCIAL SALES AGREEMENT <br /> <br />DATE 5/1412009 <br /> <br />City of Sunny Isles <br />d/b/a: Pelican Park <br />HereIn after called ("Customer") <br />18115 North Bay Road, <br />Sunny Isles Beach, FL 33160 <br /> <br />Attn: Edel Fonseca <br />Tele. No. (786) 251-6171 Tele. No. 305 947-0606 <br />ADT to inslall Equipment and fumish \he Service(s) (collectively. \he 'System") indicated In \hIs Agreement: <br /> <br />ADT Security Services, Inc. ("ADT") <br /> <br />Andre Martinez <br />2801 Gateway Dr, <br />Pompano Beach, FL 33069 <br /> <br />i :a <br />20 . Customer Owned <br /> <br /> <br />ment to become ro e of the Customer u on a ment of Sellin prtce Indicated below In full . <br /> <br />Customer agrees to pay the Sum of $0.00 {"Installation Charge-) with $ payable upon acceptance <br />of this Agreement ('Inslallation Charge Deposn") plus any applicable "Fees' and sales laxes. ADT <br />may invoice Customer for progress billings based upon Equipment andlor System components <br />delivered or stored, andlor Services performed belore completion of \he SystamlEquipmont <br />Inslallation. activation of \he System, connection to the C!AC, or any other Servlce(s). All outslandlng <br />Installation Charges and/or Fees shsll be due and payable upon completion of the Installation of the <br />EquipmenUSystem and as a precondition to activation of System and, ij applicable, connection to <br />ADT's Centrel !Aonnortng Center ('CMC') or any othar Servlce(s). For the Service(s) provided as <br />Indicated above, Customer agrees to pay service charges in the amount of $4,350.00 per annum <br />(the "Annual Service Charge'). payable In advance plu. applicable slate andlor local tax(es) tor 1 <br />year(s) (\he 'Inlti.1 Term') affective from the date such Service Is operative under this Agreemanl <br />Until Customer has paid ADT \he Installation Charge and Fees In full, Customer grants to ADT a <br />security Interest In the Equipment and all proceeds thereof to secure such paymenl After the Initial <br />Term this Agreement shall automatically renew on alan Annual b.sls unle.. terminated by either <br />party upon wrillen notice et least 30 days prior to the anniversary dale. ADT shall have \he rtght to <br />increase Annual Service Charge(s) after 1 year. For termination prior to the end of the Initial Tenn, <br />Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered <br />prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unellpjred <br />term of the Agreement as liquidated damages but not 95 a penalty, Additionally, Cus10mer agrees to <br />pay any assessments, taxes, fees or charges Imposed by any governmental body, telephone, <br />communication, or sIgnal transmissKm company such 8S false alarm. permitting or connection fees, <br />or fe85 related 10 reprogramming alarm controls or other devices to comply with area code, signal <br />trallSmission, number1ng or other changes relating to the Installed Equipment and/or Service(s) <br />provided under this Agreement (collectively, "Fees'~ <br />There may be a service charge to Customer for cancelled Installation/service appointments if <br />Customer cancels less than 24-hours prior to dispatch, or if AOT's representative Is s8nt to the <br />Customer's premises in response to a service call for false alarm or System malfunction caused by <br />Customer's operation contrary to instructions, failure to dose or properly secure a window. door or <br />other protected point. or Improper adjustment of monitors or accessory components. <br />Failure to pay amounts when due shall give ADT, in addition to eny other available remedies. the <br />right to terminate this Agreement and to charge interest at the highest legal rate on delinquent <br />amounts. Customer agrees to pay all costs, expenses and fees of AOTs enforcement of this <br />Agreement, Including collection expenses. court costs. and attorneys' fees. InstallatIon Charge{s) are <br />based on ADT performing the installation with Its own personnel. tf for any reason InstallatIon must <br />be performed by outside contractors, Installation Charge(s) may be subject to revision. <br />In addition to any other remedies available to ADT. AOT may terminate this Agreement and <br />discontinue any Service(s) if (a) ADTs CMC Is substantially damaged by fire or catastrophe or ~ ADT <br />is unable to obtaIn any connections or privileges required to transmit signals between the Customer's <br />premises, ADT's CMC or the Municipal Are or Police Department or other first responder, (b) <br />Customer falls to follow AOT's recommendations for the repair or replacement of defective parts of <br />the System not covered under \he Warranty or QSPIM.lntenance Service; (c) Customer's failure to <br />follow the operating instructions provided by ADT results In an undue number of false alarms or: <br />Syslem malfunction; (d) in ADT's sole oplnlon, the premises in which \he System is installed a <br />unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s) <br />impractical or impossible; or (0) for breach. Including Customer's failure to make payments when <br />due; and ADT will not be liable for any damages or subject to any penalty as a resurt of any such <br />termination. <br /> <br />Sales Agant Registration Number (if applicable): <br /> <br />. i <br />,__" ~;r <br /> <br />Sales Agent Andre N1l1ffrr:e;/ , <br />Approved By: <br />e-Form 2881-E06 0412009 <br /> <br />(Signature) <br /> <br /> <br />IF A 5-0 A Y FAMILIARIZATION PERIOD IS REQUESTED, <br />CUSTOMER MUST INITIAL HERE <br /> <br />IF MAINTENANCE SERVtCE IS DECLINED, CUSTOMER <br />MUST INITIAL HERE. <br /> <br />CUSTOMER ACCEPTANCE <br />Customer acknowledges that: (aJ ADT has explained the <br />full range of protection, equipment. and services available <br />to Customer. (b) additional protection over and above <br />\hat provided herein Is aveilable and may be oblalned from <br />ADT at an additional cost to the CUstomer; and (c) <br />Customer desires and has contracted for only the <br />Equipment and/or Servlce(.) Itemized in this Agreement; (d) <br />ij Type oITransaction Is Resale, the System Is ADT -owned <br />for ADT in.talled equipment and/or ADT connection to \ha <br />previously Inslalled exlsbng alarm system; (e) such <br />.EqulpmanUServlce(s) spoclfled In this Agreement are for <br />Customer's own use and not for the benefit of any third <br />party; (f) Customer owns the premises In which the <br />equipment is being installed or has the authorlty to engage <br />ADT to carry out the Installation in the premise.: end (g) <br />Customer will comply with all laws. codes and regulations <br />pertaining to the use of the EqulpmenUService(s). <br /> <br />In signing this Agreement. Customer agrees to the terms <br />and conditions contained in all the pages of the Agreement <br />n is understood \hat \he terms and conditions In the <br />Agreement shall prevail over any variation in terms and <br />conditions on any purchase order or other document that <br />the Customer may Issue. Any changes In the Schedule of <br />Protecllon requested by the Customer after the execution of <br />this Agreement may result In additional cost to the Customer <br />and any such changes/additions must be authorized In <br />writing by both the Cu.tomer and ADT. <br /> <br />ATTENTION IS DIRECTED TO THE WARRANTY, liMIT <br />OF LIABILITY AND OTHER CONDITIONS CONTAINED IN <br />THE SECTIONS ENTITLED "TERMS AND CONDITIONS. <br />AND "ADDITIONAL TERMS AND CONDITIONS". <br /> <br /> <br />THIS AGREEMENT REQUIRES WRITTEN APPROVAL <br />BY AN ACT AUTHORIZED MANAGER. WITHOUT SUCH <br />WRITTEN APPROVAl., ADrs ONLY LIABtUTYWILL BE <br />TO REFUND ANY AMOUNT CUSTOMER PAlO ADT <br />UPON SIGNING THIS AGREEMENT. <br /> <br />01997-2008 ADT - ALL RIGHTS RESERVED <br /> <br />License Information: AL Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., Montgomery 36116 , (334) 264.9388: AK 256239, <br />5520 Lake Otis Pkwy.. Anchorage, AK 99507: AR E0055, Regulated by Arkansas Bd. of Private Investigators & Prtvate Securtty Agencies, #1 <br />State Police Plz. Or.. Uttle Rock 72209 (501)618-8600: AZ ROC109396-G12; ROC109402-L67: CA AC04227, PP012949, 707408; Alarm <br />company opemtors are licensed and regulated by the Bureau of Securtty & Investigative Services, Oepl. of Consumer Affairs, Sacramento, CA <br />95814.DC 39703010; FL EFOool121, ,0950, ,01123, -0478, EF2oo00341, -0413, EGOOool64: GA LVA205374, -205386, -002833, -001438, - <br />003379, -004452, -205572, LU001160: HI C27996: IL 127-000364: MA 45-C: MN TS00021: NV 0040091: NM 056126: NY 12000025576, <br />Licensed by NYS Depl. of State: NC Alarm Systems Licensing Bd" 1631 Midtown PI., Ste,l 04, Raleigh, 27609, (919)875-3611; 846-CSA: OH <br />16782,50-18-1052; 50-57.1034; 53-89-1329: 53-31-1582: 50-50-1019: 50-48-1032; 50-25-1050: 50-76-1025: OK 00067 OR 59944: RI <br />AFC0126: 18004: TN ACC-216,-241 ,-255,-773,-173,-937.-294,-748,-511 ,-934,,1227: TX B00536, Texas Private Securtty Bureau, 5805 N. <br />Lamar Blvd., Austin 78752: UT 297869-6501 : VA 11-1878; 11-1879; 11.3247; 11-3635; 11-3863; Alarm Securtty Contracting 2701-035978A <br />exp. 01/31: WA EC06 AOTSES103205.11824 N Creek Pkwy. #105, Bothell, WA 98011: WV 014142. Cal~omla Customers Onlv; Upon <br />completion of Ihe Installation of the alarm system, the alarm company shallthorou9hly Inslrue! the purchaser in the proper use of the alarm <br />system, Failure by the licensee, without le9al excuse, to substantially commence work within 20 days from the approximate date specified in the <br />agreement whan the work will begin Is a violation of the Alarm Company Act. <br /> <br />Page 1 of 5 <br />