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MEMORANDUM OF UNDERSTANDING <~ I , August 26, 1976 Engineer ed Recycling Systems, Inc. 2802 East Quail Hollow Road Clearwater, Florida and City of Clearwater City Hall P. O. Box 4748 Clearwater. Florida 33518 This will serve as a memorandum of understanding between Engineered Recycling Systems, Inc. (hereinafter referred to as "Contractor") and the City of Clearwater, Florida (hereinafter referred to as the "City") to supplement and clarify the provisions of the main agreement between the parties made a part hereof by reference, said agreement pertaining to the management of the Northeast Sewerage Spray Irrigation Field. It is understood and agreed as follows: (1 ) (2) (3) The Contractor shall provide a performance bond in the amount of $10,000.00 in a form acceptable to the City. Said Bond shall be renewable on an annual basis for the four year period covered by the main contract between the parties. Liability on the part of the Contractor shall be limited to the aforesaid principal amount of said per- formance bond. Said Contractor shall, not less than sixty (60) days prior to the expiration of each annual bond, provide evidence to the City of renewal of same for ,the ensuing one year period. The liability of the Contractor to the City for payment of the 2% of annual gross sales under said agreement between the parties shall not be guaranteed by said per- formance bond for any amount in excess of $10,000.00, the principal amount of said bond. In other words, total liability of the underwriter upon said bond shall be limited to the amount of $10, 000. 00 for performance of all cove- nants of the Contractor, including the covenant for pay- ment of said 2% fee. If said bond is cancelled or is not renewed prior to the - expiration of each annual period, the -City shall have the ri~~t to immediately cancel said contr7~' ~9tNEERE By _~~()jJ _' ________ AttOrney-nd Agent Attorney