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assigns, provided that the same is also approved by the City Commission. Any ensuing operator or
<br />condominium or master owners' association with valid authority to act on behalf of the majority
<br />of the owners of the Grantor's Property may execute the amending instrument upon submission
<br />of proof of authority to act on behalf of a majority of the owners. Should this Agreement be
<br />so modified, amended or released, the City Commission at a public hearing or such authorized
<br />designee shall forthwith execute a written instrument effectuating and acknowledging such
<br />modification, amendment or release.
<br />8. Enforcement. The provisions of this Agreement may be enforced exclusively by the parties
<br />to this Agreement, by all appropriate actions at law and in equity against any party violating or
<br />attempting to violate any provision of the Agreement. The prevailing party in any such actions
<br />shall be entitled to recover reasonable attorneys' fees or costs incurred at all trial and appellate
<br />levels. Nothing in this Agreement, whether express or implied, confers upon the general public
<br />any enforcement rights against the Grantor. Notwithstanding anything to the contrary, neither party
<br />will be in breach of this Agreement, and no enforcement may be sought against a party through
<br />any means, unless such party (i) receives a written notice from the other party, detailing with
<br />specificity the ways in which such party is in breach of this Agreement, and (ii) fails to remedy
<br />such breach within thirty (30) days from the date of such written notice, or, if the breach is
<br />susceptible to cure but cannot reasonably be cured within thirty (30) days, then within sixty (60)
<br />days from the date of such written notice, provided the breaching party promptly commences and
<br />diligently pursues the curing of such beach within the initial thirty (30) day period.
<br />9. Effective Date. This Agreement will become effective upon recordation in the Official
<br />Records of Miami -Dade County, Florida.
<br />10. Compliance with Laws. The parties to this Agreement shall at all times observe in the use
<br />of the Easement Area all applicable municipal, county, state, and federal laws, ordinances, codes,
<br />statutes, rules and regulations.
<br />11. Indemnification. Grantee agrees to indemnify, defend and hold harmless Grantor, its
<br />Directors, officers, and employees for any claims, losses, damages or injuries to any person arising
<br />from any negligence, willful or intentional acts, or omissions by the Grantee or breach of Grantee's
<br />obligations in connection with construction, operation, use, maintenance, repair or replacement of
<br />the Improvements; provided however the Grantee's indemnification shall not include
<br />indemnification for claims, losses, damages or injuries arising out of the Grantor's negligence,
<br />willful or intentional acts, or omissions. Additionally, and also notwithstanding anything to the
<br />contrary contained herein, the Grantee's indemnification shall not constitute a waiver of sovereign
<br />immunity beyond the limits set forth in Section 768.28, Florida Statutes, and nothing in the
<br />indemnification is meant to or shall serve as a waiver of any of the requirements or limitations
<br />contained in Section 768.28.
<br />12. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed
<br />to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
<br />election of remedies, nor shall it preclude the party exercising the same from exercising such
<br />other additional rights, remedies, or privileges.
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