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and illumination used in connection with streets, parking, signs and uses of land; (3) the offsite use of high energy beam devices; or, (4) activities that produce offsite interference with navigational signals or radio communications, except to the extent the COUNTY shall voluntarily obligate itself to do so pursuant to an amendment to this Agreement executed pursuant to the provisions of s. 163.01 and s. 333.03(b)1., Florida Statutes. Section 2. Development Review. The CITY and the COUNTY acknowledge their respective obligations, in conformance with s. 333.03(1)(b)1., F.S., to adopt, administer and enforce airport protection zoning regulations and airport land use compatibility zoning regulations to the extent allowed by law to restrict the incompatible uses specified in s. 333.03(2), F.S. The COUNTY shall notify the CITY of any development permit applications having potential to create any new airport hazards or new incompatible use of land described in Chapter 333, F.S. The County's Technical Review Committee shall request input from the CITY during the application review process. The CITY and the COUNTY shall use Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act to resolve any disputes. Section 3. Notices Any notice to the CITY shall be sent to: City of Sebastian Airport Director's Office 202 Airport Drive East Sebastian, Florida 32958 Any notice to the COUNTY shall be sent to: County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 With a Copy to: City of Sebastian City Manager 1225 Main Street Sebastian, Florida 32958 With a Copy to: County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Section 4. No Financial Liability, Attorney's fees and Costs. This Agreement shall not be construed to provide any party hereto with a right to monetary damages or to otherwise impose any financial liability upon any party hereto. In any action to enforce this Agreement, or any resolution, proceeding or any other dispute arising under this Agreement, each party shall bear its own attorney's fees and costs. Section 5. Disclaimer of Third -Party Beneficiaries. This Agreement is solely for the benefit of the CITY and the COUNTY and no right, privilege or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party, including without limitation any other municipality, county, state agency or federal agency. Nothing in this Agreement is intended or shall be construed to confer 2