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<br />EXHIBIT "A" <br /> <br />of the fire flow credit, the DEVELOPER shall not be entitled to any future credit' on this <br /> <br />property, building, or improvement. <br /> <br />The DEVELOPER further agrees that by the execution of this Agreement and the mutual <br /> <br />benefits contained herein, that the DEVELOPER waives any and all legal claims against the <br /> <br />CITY OF NORTH MIAMI BEACH regarding the fire flow demand charge being imposed <br /> <br />regarding the property and building. <br /> <br />6. Notwithstanding other provisions of this Agreement, it is understood by both <br /> <br />parties that this Agreement is contingent upon the appropriate governmental authorities of <br /> <br />Miami-Dade County and/or other governmental authorities issuing a building permit to <br /> <br />DEVELOPER and DEVELOPER commencing construction of Building. Should said building <br /> <br />permit not be obtained or construction of the Building not be commenced within 120 days from <br /> <br />the date hereof, then this Agreement may be terminated by CITY at any time thereafter upon <br /> <br />written notice to the DEVELOPER, provided that DEVELOPER shall pay all engineering, legal <br /> <br />or other costs other than routine administrative costs which may have been incurred by the CITY <br /> <br />in relation to this Agreement, up to the time of receipt of such written notice by the CITY. <br /> <br />7. Florida law shall govern the interpretation of this Agreement. <br /> <br />/Fireflow\Active Park <br /> <br />6 <br /> <br />Initial: <br /> <br />De~ <br />CIty: <br /> <br />Jan 172006 <br /> <br />SIB <br />