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<br />TOWN NO. jCUSTOMER NO. JOB NO. PO NO. ESTIMAlE #
<br />0149-MIAMI, FL 114950876 03 1-781S3V
<br />
<br />ACT Always ~
<br />ADT Securtty Services, Inc.
<br />
<br />COMMERCIAL SALES AGREEMENT
<br />
<br />DATE 5/14/2009
<br />
<br />ADT Security Services, Inc, ("ADT")
<br />
<br />Andre Martinez
<br />2801 Gateway Dr,
<br />Pompano Beach, FL 33069
<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 />Altn: Edel Fonseca
<br />Tele. No. (786) 251-6171 Tele. No. 305 947-0606
<br />ADT to Install Equipment and furnish the Service(s) (collectively, !he 'System') Indicated In this Agreement
<br />
<br />20 - Customer Owned
<br />
<br />Direct Sale e ul ment to become ro e of the Customer u on a ent of Sellin Price indicated below in full .
<br />
<br />Customer agrees to pay the Sum or $0.00 ilnstallation Charge') with $ payable upon acceptance
<br />of this Agreemant ('Installation Charge Deposit') plus any applicable 'Fees' and sales taxes. ACT
<br />may InvoIce Customer for progress billings based upon Equipment and/or System components
<br />delivered or stored, and/or Services performed belore completion 01 the System/equipment
<br />InstallaUon, activation or the System, coMection to the CMC, or any other Service(s). All outstanding
<br />Installation Charges and/or Fees shall be due and payable upon completion 01 the Installation of the
<br />EqulpmenVSystem and as a precondition to activaUon or System and, n applicable, connection to
<br />ADrs Central Monitcring Center iCMC') or any other Servlce(s). For the Servlce(s) provided as
<br />indIcated above. Customer agrees to pay service charges in the amount of $4.350.00 per annum
<br />(the 'Annual Service Charge'). payable in advance plus applicable state and/or local tax(es) for 1
<br />year(s) (the 'Inlllal Term') effective lrom the date such Service Is operoUve under this Agreement.
<br />Until Customer has paid ADT the Installation Charge and Fees in lull, Customer grants to ADT a
<br />security Interest In the Equipment and all proceeds thereol to secure such payment Alter the Ini1ial
<br />Term thIs Agrel!!lment shall automatically renew on alan Annual basis unless terminated by either
<br />party upon written notice at least 30 days prior to the anniversary date. ADT shall have the right to
<br />Increase Annual Service Charge(s) alter 1 yaar. For termination prior to the end 01 the Initial Term,
<br />Customer agrees to pay, in addition to any outstanding Fees and charges for Servlce(s) Tendered
<br />prior to tennina~on, 90% 01 the Annual Service Charge(s) remaining to be paid for the unexpired
<br />term of the Agreement as liquidated damages but not as a penalty. Additionally, Customer agrees to
<br />pay any assessments. taXBS, fees or charges imposed by any govemmental body. telephone.
<br />communication, or slgllal transmission company such as false alarm, permitting or connection fees.
<br />or fees related to reprogramming alarm controls or other devices to comply with area code, signal
<br />transmission, numbering or other changes relating to the ins1alled Equipment andlor Service($)
<br />provided under this Agreement (collectively, 'Fees').
<br />There may be a s.ervtce charge to Customer for cancelled installation/service appointments If
<br />Customer cancels less than 24-hours prior to dispatch, or If ADTs representative Is sent to lhe
<br />Customer's premises'in response to a service call for false alarm or System malfunction caused by
<br />Customer', operation contrary to InstruclloO$. failure to close or property 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 any other available remedies. the
<br />right to tenninate this Agreement and to charge Interest at the highest legal rate on delinquent
<br />amounts. Customer agrees to pay all costs, expens.es and fees of ADT's 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 personn.l. If 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) rt (al ADrs CMC Is substantially damaged byflre or catastrophe or if ADT
<br />Is unable to obtain any connectlons or prtvileges required to transmit signals between the Customer's
<br />premises, ADrs CMC or th. Municipal Fire or Police Department or other first responder, (b)
<br />Customer fails to follow AOTs recommendations for lhe repair or replacement of defective parts of
<br />the System not covered under the Warranty or aSP/Malntenance Service; (e) Custome~s lailure to
<br />follow the operating instructlons provided by AOT results In an undue number of false alarms
<br />System manunction; (d) In ADrs sole opinion, the premise. in which the System Is Installed re
<br />unsafe. unsuitable, or so modified or altered after installation as to render continuation of Servlce(s)
<br />Impractical or imposs.ible; or (e) for breach, IncltJdlng Customer's failure to make payments when
<br />due; and ADT will not be ilable for any damages or subject to any penalty as a result of any such
<br />terminallon.
<br />
<br />Sales Agent Registration Number (If applicable);
<br />
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<br />,._~" -2
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<br />Sale. Ag.nt: An z
<br />~
<br />
<br />(Signature)
<br />
<br />
<br />Approved By:
<br />
<br />e-Form 2881 -E06 04l200g
<br />
<br />IF A 5-OAY FAMIUARIZATION PERIOD IS REQUESTED,
<br />CUSTOMER MUST INITIAL HERE
<br />
<br />IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER
<br />MUST INITIAL HERE.
<br />
<br />CUSTOMER ACCEPTANCE
<br />Cuslomer acknowledges that: (0) ADT hes explained the
<br />full range of protection. equIpment, and services avallab1e
<br />to Customer; (b) additional protection over and above
<br />that provlded herein Is available and may be obtained from
<br />ADT at an additional cost to the Customer; and (c)
<br />Customer desires and has contracted for only the
<br />Equipment andlor Service's) i1emized In !hIs Agreement (d)
<br />If Type or Transaction is Resale. the System Is ADT -owned
<br />lor ADT Installed equipment and/or ADT connection to the
<br />previously installed existing alarm system; (e) such
<br />.EquipmenVService(.) specified 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 authority to engage
<br />ADT to carry out the Instailation in the premises; and (g)
<br />Cuslomer wliI comply with ail taws, codes and regulations
<br />pertaining to the use 01 !he EqulpmenVServicels).
<br />
<br />In signing this Agreement, Customer agrees to the terms
<br />and conditions contained In all the pages of the Agreement
<br />It is understood that the 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 change. In th'e Schedule or
<br />Protection 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 Customer and ADT.
<br />
<br />ATTENTION tS 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 ADT AUTHORIZED MANAGER. WITHOUT SUCH
<br />WRITTEN APPROVAl., ADT'S ONLY UABILlTY WilL BE
<br />TO REFUND ANY AMOUNT CUSTOMER PAID ACT
<br />UPON SIGNING THIS AGREEMENT.
<br />
<br />C19S7-2008 ADT - ALL RIGHTS RESERVED
<br />
<br />License Informa~on; AL Alabama Electronic Security Board 01 Licensure, 7956 Vaughn Rd., Montgomery 36116 , (334) 264-9368: AK 256239,
<br />5520 Lake Otis Pkwy.. Anchorage, AK 99507: AR E0055, Regulated by Arkansas Bd. of Private Investigators & Private Security Ag.ncies, #1
<br />State Police Plz. Dr., Little Rock 72209 (501)618-8600; AZ ROC109396-C12; ROC109402-L67: CAAC04227, PP012949. 707408; Alarm
<br />company operators are licensed and regulated by the Bureau of Security & Investigative Services, Depl of Consumer Affairs, Sacramento, CA
<br />95814.DC 39703010: FL EFOOOl121, -0950, -01123, -0478, EF20oo0341, -0413, EGoo00164: GA LVA205374, -205386, -002833, -001438,-
<br />003379, -004452, -205572, LU001160: HI C27996: IL 127-000364: MA45-C: MN TS00021: NY 0040091: NM 056126: NY 12000025576,
<br />Licensed by NYS Depl of State; NC Alarm Systems licensing Bd., 1631 Midtown Pl., Ste.104, 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 800536, 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 Security Contracting 2701-035978A
<br />expo 01/31: WA EC06 ADTSES103205.11824 N Creek Pkwy. #105, Bothell, WA 98011: WV 014142. California Customers Onlv: Upon
<br />completion oflhe installation of the alarm system, tho alarm company shall thoroughly instruct the purchaser In the proper use of the alarm
<br />system. Failur. by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the
<br />agreement when the work will begin Is a violation olthe Alarm Company Act.
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