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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SHIFF CONSTRUCTION & DEVELOPMENT, INC. FOR HERITAGE PARK PARKING GARAGE FENCE INSTALLATION CONTRACT NO. C1112 -046 THIS AGREEMENT entered into this day of 2012, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City ") and SHIFF CONSTRUCTION & DEVELOPMENT, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Contractor "), whose federal tax identification number is RECITALS WHEREAS, the City is in need of a contractor for the design and construction of a fence on the top level of the Heritage Park Parking Garage ( "Services "), and WHEREAS, the Contractor submitted a proposal to provide the Services, as more particularly described in Attachment "A ", attached hereto and made a part hereof, and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Seventy Three Thousand Nine Hundred Twenty Three Dollars and Thirty Cents ($73,923.30). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 11 hereunder, the term of this Agreement shall commence from the execution date of this Agreement and shall be complete upon the termination of Services, within the deadlines set forth in Paragraph 4 hereunder. 4. TIME OF COMPLETION. The following are required milestone deadlines under this Agreement: (a) Within thirty (30) days of Contractor's receipt of a Notice to Proceed from the City Manager or his designee, the Contractor shall apply for all building permits from the City. If Contractor's building permit application is rejected for any reason, Contractor must «f