§ 16-58. Miscellaneous.

(a)

Law applicable. This trust is created and accepted in the State of Florida and all questions pertaining to the validity or construction of this trust agreement and of the acts and transactions of the parties hereto shall be determined in accordance with the laws of the State of Florida, except as to matters governed by federal law.

(b)

Savings clause. Should any provision of this agreement and declaration of trust be held to be unlawful, or unlawful as to any person or instance, such fact shall not adversely affect the other provisions herein contained or the application of said provisions to any other person or instance, unless such illegality shall make impossible the functioning of this fund.

(c)

Judicial settlements. The trustees shall be entitled, at any time, to have a judicial settlement of their accounts and to seek judicial protection by any action or proceeding they determine necessary and, further, to obtain a judicial determination or declaratory judgment as to any question of construction of this trust agreement or for instructions as to any action thereunder, and, further, as to any questions relating to the discharge of their duties and obligations under, or in connection with the administration of, this trust and as to the distribution of assets belonging to the trust. Any such determination, decision, or judgment shall be binding upon all parties to, or claiming under, this trust agreement.

(d)

Withholding payment. In the event any questions or dispute shall arise as to the proper person or persons to whom any payments shall be made hereunder, the trustees may withhold such payment until there shall have been made an adjudication of such question or dispute which, in the trustees' sole judgment, is satisfactory to them, or until the trustees shall have been fully protected against loss by means of such indemnification agreement or bond as they, in their sole judgment, determine to be adequate.

(e)

Qualification of trust personnel. No person shall serve as a trustees, administrative manager, custodian, investment manager, or consultant to the trust fund or plan or serve in any other capacity thereof whether as an agent, officer, or employee, unless such person is eligible for service in accordance with applicable law.

(f)

Vesting of rights. No participant, beneficiary or employee or other person shall have vested interest or right in the trust fund except as provided by the pension plan and Florida law.

(g)

Gender. Whenever any words are used in this trust agreement in the feminine gender, they shall also be construed to include the masculine or neuter gender in all situations where they would so apply; and whenever any words are used in the singular, they shall also be construed to include the plural in all situations where they would so apply and wherever any words are used in the plural, they shall also be construed to include the singular.

(h)

Amendment to declaration. The provisions of this declaration may be amended at any time by an amendment recommended by the trustees and enacted as an ordinance by the Cocoa Beach City Commission. Provided, however, in no event shall the trust fund be used for any purpose other than the purposes set forth in this declaration, and for the purposes of paying the necessary expenses incurred in the administration of this trust.

(Ord. No. 1222, § 1, 11-18-1999)