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<br />FINAL WAIVER AND RELEASE OF LIEN - DEVELOPER
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<br />State of Florida
<br />County of Miami.Dade
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<br />~O~~ s. -5t>~l.JWf
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<br />, having been duly sworn, deposes and says as follows,. To wit:
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<br />1. I, Norman S. Edelcup, as Mayor of CITY OF SUNNY ISLES BEACH, A MUNICIPAL CORPORATION (hereinafter called 'the Developer"), with the right to
<br />execute this final waiver and release of lien.
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<br />2. For the consideration of arnount of ten dollars ($10.00), the Developer hereby waives and releases all liens, lien rights, claims or dernands of every kind whatsoever
<br />which the Developer now has on the construction of certain donated improvements, situated in Miami Dade County, Florida, described as:
<br />
<br />All sewer facilities built, constructed and installed to serve Gwen Margolis Park, SB 2009-550, ID# 20437 located in Section 11.52-42, Miami Dade County, Florida,
<br />as shown on Exhibit "A" attached hereto and made a part hereof as more particularly described on Exhibit "B" attached hereto and made a part hereof.
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<br />3. Developer understands that this is a waiver and release of lien which the Developer has against the facilities described herein. Developer acknowledges that is
<br />has been paid in full for all work related to the sewer facilities described above.
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<br />4. Payments in full have heretofore been paid by the Developer to all persons, firms and corporations supplying labor, materials, equipment and supplies, used directly
<br />or indirectly by the Developer, or any subcontractor in the prosecution of the work provided on sewer facilities described herein.
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<br />5. There are no claims, demands or liens of any kind attributable to any action taken by the Developer in connection with the work described above which would cause,
<br />create or constitute a charge or lien against said Miami-Dade County or the Members of the Board of County Commissioners.
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<br />6. The undersigned warrants that no assignment of liens or claims, nor the right to perfect a lien, such as the Notice to Owner provision under Section 713.06 (2)(a) of
<br />the Florida Statutes, against improvements described or listed herein, has been or will be made, and that no claims are outstanding by subcontractors and/or vendors
<br />to the Developer.
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<br />7. The Developer hereby agrees to indemnify and hold harrnless Miami-Dade County and its officers, employees, agents and instrurnentalities from any and all
<br />liability, losses or damages, including attorneys' fees and costs of defense, which the Miami-Dade County or its officers, employees, agents or instrumentalities may
<br />incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of work
<br />by the Developer or its employees, agents, servants, partners, principals, contractors or subcontractors. Developer hereby agrees to pay all claims and losses in
<br />connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of Miami-Dade County, where applicable, including
<br />appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon.
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<br />8. Developer hereby waives and releases all claims of any sort as it may have against Miami-Dade County, at law or equity, arising out of the construction of the above
<br />sewer improvements.
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<br />ATTEST:
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<br />CITY OF SUNNY ISLES BEACH, A MUNICIPAL
<br />CORPORATION
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<br />,
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<br />Signature
<br />Jane A. Hines, City Clerk
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<br />Signature
<br />Norman S. Edelcup, Mayor
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<br />. .~~ f\ l1~~~
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<br />STATE OF FLORIDA
<br />COUNTY OF MIAMI.DADE fli:._
<br />The foregoing instrument was acknowledged before me this ~ day of D E ~ f\I\ ~ "7-2011 by Norman S. Edelcup, as Mayor of CITY OF SUNNY
<br />ISLES BEACH, A UNI AL RPORATION. He/She is personally known to me Qf have produced as
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<br />
<br />:
<br />
<br />OT ARY PU L1C
<br />MlNf-lM ~~rJ~
<br />Print name
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<br />
<br />~o~~~ ".".<r. Notary Public Stalll O. ' Fill. r!(1ij
<br />. . Maunclo Belancur
<br />~ c. '. 1 My Commission ODll~iiC1i'6
<br />~ 0, ...0"" Expire. O!l/04/20 1 ;J .
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<br />SERIAL NUMBER
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<br />l:>t> 8~ Coo?"
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