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A TRUE COPY <br /> CERTIs"KATION ON LAST PAGE <br /> J.R. SMITH, CLERK <br /> Section 5. Disclaimer of Third-Party Beneficiaries. <br /> This 'Agreement is solely for the benefit of the CITY and the COUNTY and no right, <br /> privilege or cause of action shall by reason hereof accrue upon, to, or for the benefit of <br /> any third party, including without limitation any other municipality, county, state agency <br /> or federal agency. Nothing in this Agreement is intended or shall be construed to confer <br /> upon or give any person, corporation, partnership, trust, private entity, agency or other <br /> governmental entity any right, privilege, remedy or claim under or by reason of this <br /> Agreement or any provisions or conditions hereof. This Agreement is not intended nor <br /> shall it be construed to be a development agreement within the meaning contemplated <br /> in Sections 163.3220-3243, F.S. <br /> Section 6. Governing Law and Venue. <br /> This Agreement shall be governed by the laws of the State of Florida. Venue for any <br /> action to enforce any of the provisions of this Agreement shall be in the Circuit Court of <br /> the Nineteenth Judicial Circuit in and for Indian River County, Florida. <br /> Section 7. Recording and Filing. <br /> This Interlocal Agreement (and all future amendments hereto, if any) shall be recorded <br /> in the Public Records of Indian River County, Florida and filed with the FDOT (Aviation <br /> Office MS-46) pursuant to ss. 333.03(3) and 163.01(11), F.S. The CITY and the <br /> COUNTY shall file their respective airport zoning codes, rules, and regulations, and <br /> amendments and proposed and granted variances thereto with FDOT pursuant to s. <br /> 333.03(3), F.S., within 30 days after they are adopted or issued. <br /> Section 8. Term, Amendment, and Termination of Agreement. <br /> The term of this Interlocal Agreement shall be thirty years from its effective date. <br /> However, prior to its expiration, the parties shall either (1) execute a replacement <br /> interlocal agreement; or (2) create a joint airport protection zoning board, as required by <br /> s. 333.03(1)(b), F.S. This Agreement may be amended from time to time pursuant the <br /> provisions of s. 163.01, F.S. <br /> Section 9. Effective Date. <br /> This Interlocal Agreement shall become effective upon its execution by both parties and <br /> its recording with the Clerk to the Board pursuant s. 163.01(11). F.S. <br /> IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT on the <br /> date entered in the first paragraph above. <br /> REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br /> Page 3 of 5 <br /> N:\Client Docs\Airport\2017.5.8 City County Airport Interlocal.docx <br />