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<br />SUNNY ISLES BEACH CGA PROJECT 05-4893,10# 20124 <br /> <br />1. CITY'S PROPERTY. A certain tract of land in Miami-Dade County, Florida, <br /> <br />more specifically located within the CITY limits, and which is legally described in Exhibit <br /> <br />"A" attached hereto and made a part hereof, is hereinafter sometimes described as the <br /> <br />"CITY'S property". The CITY has requested that the DEPARTMENT render sewer service <br /> <br />to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants <br /> <br />and conditions contained herein. <br /> <br />2. WAIVER. No delay or failure to exercise a right under this Agreement or <br /> <br /> <br />any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver <br /> <br /> <br />or indulgence of any breach of this Agreement or series of breaches shall be deemed or <br /> <br />construed as a waiver of any other breach of same or as voiding or altering any other <br /> <br /> <br />obligation of the parties under this Agreement or any other Agreement. No order or <br /> <br /> <br />directive given by the COUNTY or its agents shall be considered as waiving any portion of <br /> <br /> <br />this Agreement unless done in writing by a person having actual authority to grant such <br /> <br />waiver. <br /> <br />3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees <br /> <br />that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to <br /> <br />the terms, covenants and conditions set forth in the Settlement Agreement between the <br /> <br />State of Florida Department of Environmental Protection, hereinafter designated as the <br /> <br />"DEP", and the COUNTY dated July 27, 1993, the First Amendment to Settlement <br /> <br />Agreement between DEP and the COUNTY dated December 21, 1995, the First Partial <br /> <br />Consent Decree and the Second and Final Partial Consent Decree entered in United <br />