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Agreement <br /> THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida <br /> organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) <br /> and Duininck, Inc. (hereinafter called CONTRACTOR) <br /> OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows. <br /> ARTICLE 1 -WORK <br /> 101 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The <br /> Work is generally described as follows <br /> Installation of irrigation system improvements at Sandridge Lakes Golf Course <br /> ARTICLE 2 -THE PROJECT <br /> 201 The Project for which the Work under the Contract Documents may be the whole or only a part is <br /> generally described as follows <br /> Project Name Lakes Golf Course Irrigation System Project <br /> Bid Number 2017016 <br /> Project Address Sandridge Golf Club <br /> 5300 73rd Street <br /> Vero Beach, FL 32967 <br /> ARTICLE 3-CONTRACT TIMES <br /> 301 Time of the Essence <br /> A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final <br /> payment as stated in the specifications are of the essence of the Contract <br /> 302 Days to Achieve Substantial Completion, Final Completion and Final Payment <br /> A. The Work will be completed and ready for final payment on or before the 120th day after the date <br /> when the Contract Times commence to run (estimated to begin May 1, 2017) <br /> 3.03 liquidated Damages <br /> A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER <br /> will suffer financial loss if the Work is not completed within the times specified in paragraph 3 02 <br /> above, plus any extensions thereof allowed in writing as a change order to this agreement <br /> Liquidated damages will commence for this portion of work. The parties also recognize the delays, <br /> expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER <br /> if the Work is not completed on time Accordingly, instead of requiring any such proof,OWNER and <br /> CONTRACTOR agree that as liquidated damages for delay(but not as a penalty), CONTRACTOR shall <br /> Page 1 of 7 <br />