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<br />years. The Grantee or its successors in interest in the property may
<br />transfer the responsibility to maintain and operate the property to another
<br />public agency or another not-for-profit organization in accordance with the
<br />SNP Ordinance and Administrative Rules. The Grantee must provide
<br />adequate programming for any new facilities constructed with proceeds of
<br />the bonds.
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<br />(2) To use the property only for the purposes state herein and to make
<br />no other use, sale, or disposition of the property, except as provided in
<br />Section 25B -25(b).
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<br />(3) Any beach, park or the public facility acquired, developed,
<br />rehabilitated or restored with funds from this act shall be open and
<br />accessible to the public without discrimination as to race, color, gender,
<br />age, religious belief, residence, national origin, marital status, or disability.
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<br />(4) In order to maintain the exclusion from gross income for federal
<br />income. tax purposes of the interest of any bonds, notes or other
<br />evidences of indebtedness issue for the purposes of this article, to comply
<br />with each applicable requirement of Section 103 and Sections 141 through
<br />150 of the Internal Revenue Code of 1986, as amended.
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<br />VIII. INDEMNIFICATION BY GRANTEE. The City of Sunny Isles Beach shall
<br />indemnify and hold harmless the County and its officers, employees, agents, and
<br />instrumentalities from any and all liability, losses or damages, including attorney's fees
<br />and costs of defense, which the County or its officers, employees, agents or
<br />instrumentalities may incur as a result of claims, demands, suits, causes of action, or
<br />proceedings of any kind or nature arising out of, relating to or resulting from the
<br />performance of this Agreement by the City of Sunny Isles Beach or its employees,
<br />agents, servants, partners, principals or subcontractors. The City of Sunny Isles Beach
<br />shall pay all claims and losses in connection therewith and shall investigate and defend
<br />all claims, suits or actions of any kind or nature in the name of the County, where
<br />applicable, including appellate proceedings, and shall pay all costs, judgments, and
<br />attorney's fees which may issue thereon. The City of Sunny Isles Beach expressly
<br />understands and agrees that any insurance protection required by this Agreement or
<br />otherwise provided by the City of Sunny Isles Beach shall in no way limit the
<br />responsibility to indemnify, keep and save harmless and defend the County or its
<br />officers, employees, agents and instrumentalities as herein provided. The parties
<br />hereto acknowledge that the Indemnification in this Article shall at all times be subject to
<br />the limitations of Section 768.28, Florida Statutes.
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<br />IX. INSURANCE. If the Grantee is the State of Florida or an agency or political
<br />subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee
<br />shall furnish the County, upon request, written verification of liability protection in
<br />accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to
<br />extend any party's liability beyond that provided in Section 768.28, Florida Statutes.
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<br />X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter 11A, Article IV of the
<br />Code of Miami-Dade County ("County Code"), as amended, which prohibits
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