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3. Assignment. The City acknowledges that any of the rights set forth herein may be assigned, in whole <br /> or in part, including but not limited to the County's assignment of this Agreement to the Corps, its <br /> agents, contractors, and employees, who shall be performing work and activities on the Property, and <br /> the rights and obligations of the parties shall inure to the benefit of and be binding upon their <br /> successors and assigns. <br /> 4. Enforcement. The parties shall resolve any disputes, controversies, or claims between them arising <br /> out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act," <br /> Chapter 164, Florida Statutes, as amended. <br /> 5. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be <br /> construed as impacting or modifying the protections set forth therein. <br /> 6. Nothing in this Agreement, express or implied, is intended to (i) confer upon any entity or person <br /> other than the parties and their successors or assigns any rights or remedies under or by reason of the <br /> Agreement as a third party beneficiary or otherwise, except as specifically provided in this <br /> Agreement; or (ii) authorize anyone not a party to this Agreement to maintain an action pursuant to <br /> or based upon this Agreement. <br /> 7. The City hereby warrants that it has full authority to grant and convey to the County all of the rights <br /> to the Property that are granted to the County in this Temporary Easement Agreement, and the City <br /> agrees to indemnify and hold harmless the County and its officers, employees, agents and <br /> instrumentalities from any breach of this section. <br /> EXECUTED as of the date and year first above written. <br /> SIGNED, SEALED AND DELIVERED THE CITY OF SUNNY ISLES BEACH, <br /> IN THE PRESENCE OF: FLORIDA, a municipal corporation of the State <br /> of Florida <br /> ' tki/iikh441k- iii,C60By: 6<::� • <br /> ,/d•et• <br /> Name: U ',�iAMN IMM05 Name: Christophe Russo <br /> Title: City <br /> Manager <br /> ad...C•A's vv ., gik—i2N gzt. <br /> (' '.` . �� <br /> ,, ..(2,0 Name' �` s f . „ ..(2,0 ' <br /> rY i 1 - . <br /> `Attest:' Apy••ve42.. o 1 <br /> i. \Nand ' •,.0 :ncy <br /> oopp <br /> B ,,i l�;I1 ti <br /> By: `' tee , a A...iv <br /> L c Jane +: Nines, !i Clerk, MMC ns •ttinot, C iy Attorney <br /> d9 <br /> STATE`91 FLORIDA . <br /> COUNTY OF MIAMI-DADE /� l <br /> The foregoing. instrument was acknowledged before me this q” day of kpri f , 2017 by <br /> (I'S- , �ic (2 /4 . 0 S , as C/�. I-'q�iafeY respectively, for the City of Sunny <br /> Isles Beac llorrriida, o behalf of the City. <br /> By: / .�l/r'� <br /> Si' ature of Notary plic <br /> "..- - — a a a - a —- <br /> ' <br /> A4,0%,,,, LUZ REY • <br /> 1 <br /> 4 ?y,Zt?. Notar Public-State of Florida My Commission Expires: 3 (0' ( q <br /> 4 �r;g' Prireare@1 opekIFEAttl p <br /> ,�,E--..--"A My Comm.Expires Ma:10.2019 <br /> -_.9 '4, ,,,,. .Bonded through National Nota y ss!. °, <br /> r Page 2 of 3 <br />