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<br />D, Sec. 25B-25. Disbursement of funds.
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<br />(a) No funds authorized under Section 25B-22 may be disbursed to any recipient unless the
<br />recipient agrees:
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<br />(1) The grants for all programs in Section 25B-22 shall be made available at least
<br />once every twelve (12) months with public notice from the County,
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<br />(2) To maintain and operate in perpetuity the property acquired, developed,
<br />improved, rehabilitated or restored with the funds, except where leases are in effect. The
<br />recipient or its successors in interest in the property may transfer the responsibility to
<br />maintain and operate the property to another public agency or another not-for-profit
<br />organization in accordance with this section. This recipient agency must provide adequate
<br />programming for any new facilities constructed with proceeds of the bonds.
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<br />(3) To use the property only for the purposes of this article and to make no other use,
<br />sale, or disposition of the property, except as provided in subdivision (b) of this section.
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<br />(4) Any beach, park or the public facility acquired, developed, rehabilitated or
<br />restored with funds from this act shall be open and accessible to the public without
<br />discrimination as to race, color, gender, age, religious belief, residence, national origin,
<br />marital status, or disability.
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<br />(5) In order to maintain the exclusion from gross income for federal income tax
<br />purposes of the interest of any bonds, notes or other evidences of indebtedness issue for
<br />the purposes of this article, each recipient of funds pursuant to this article covenants to
<br />comply with each applicable requirement of Section 103 and Sections 141 through 150 of
<br />the Internal Revenue Code of 1986, as amended. Each recipient of funds shall agree in
<br />writing to the conditions specified in paragraphs (2), (3), and (4) of this section.
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<br />VIII. fNDEMNIFICA TION BY GRANTEE. Citv of Sunl1v Isles Beach shall indemnify and
<br />hold harmless the County and its officers, employees, agents, and instrumentalities from any and
<br />all liability, losses or damages, including attorney's fees and costs of defense, which the County
<br />or its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
<br />suits, causes of action, or proceedings of any kind or nature arising out of, relating to or resulting
<br />from the performance of this Agreement by the City of Sunnv Isles Beach or its employees,
<br />agents, servants, partners, principals or subcontractors. Citv of Sunny Isles Beach shall pay all
<br />claims and losses in connection therewith and shall investigate and defend all claims, suits or
<br />actions of any kind or nature in the name of the County, where applicable, including appellate
<br />proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon,
<br />Citv of Sunnv Isles Beach expressly understands and agrees that any insurance protection
<br />required by this Agreement or otherwise provided by City of SUlliW Isles Beach shall in no way
<br />limit the responsibility to indemnify, keep and save harmless and defend the County or its
<br />officers, employees, agents and instrumentalities as herein provided
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