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SAMSON OCEAN FRONT PARK, ID#21988 <br /> THIS AGREEMENT, made and entered into at Miami-Dade County, Florida, <br /> this day of 0,7A/ iZ- , 2014, by and between <br /> Miami-Dade County, a political subdivision of the State of Florida, hereinafter designated <br /> as the "COUNTY", whose mailing address is: c/o Miami-Dade Water and Sewer <br /> Department, P.O. Box 330316, Miami, Florida 33233-0316, and the City of Sunny Isles <br /> Beach, a political subdivision incorporated under the laws of the State of Florida, <br /> hereinafter designated as the "DEVELOPER", whose mailing address is: 18070 Collins <br /> Avenue, Sunny Isles Beach, Florida, 33160-3635 <br /> WITNESSETH: <br /> WHEREAS, the DEVELOPER desires to replace a sewer lateral providing sewer <br /> service to the property owned by the DEVELOPER, and <br /> WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter <br /> designated as the "DEPARTMENT", operates the sewer system owned by the COUNTY. <br /> NOW, THEREFORE, in consideration of the mutual covenants entered into between <br /> the parties hereto to be made and performed and in consideration of the benefits to accrue <br /> to each of the respective parties, it is covenanted and agreed to as follows: <br /> 1. DEVELOPER'S PROPERTY. The DEVELOPER owns a certain tract of land <br /> in Miami-Dade County, Florida, which is legally described in Exhibit "A" attached hereto <br /> and made a part hereof, hereinafter sometimes described as the "DEVELOPER'S <br /> property". The DEVELOPER has proposed the replacement of a sewer lateral providing <br /> sewer service to the DEVELOPER'S property and the COUNTY agrees to do so subject to <br /> the terms, covenants and conditions contained herein. <br /> 2. WAIVER. No delay or failure to exercise a right under this Agreement or any <br /> other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or <br /> indulgence of any breach of this Agreement or series of breaches shall be deemed or <br /> construed as a waiver of any other breach of same or as voiding or altering any other <br /> obligation of the parties under this Agreement or any other Agreement. No order or <br /> directive given by the COUNTY or its agents shall be considered as waiving any portion of <br /> this Agreement unless done in writing by a person having actual authority to grant such <br /> waiver. <br /> Page 2 of 12 <br />