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STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION <br />ADDENDUM TO USE AND OCCUPANCY AGREEMENT <br />ITEM/SEGMENT NO.: <br />MANAGING DISTRICT <br />F.A.P. NO.: <br />STATE ROAD NO.: <br />COUNTY: <br />PARCEL NO.: <br />AGREEMENT <br />4152301 <br />Six <br />6268012-U / 6268-013-U <br />826 <br />Miami -Dade <br />3129 <br />1. The Recitals set forth above are incorporated into and are made a part hereof. <br />2. Paragraph 2: Term, is hereby deleted in its entirety and is replaced with the following: <br />Lessor does hereby lease unto Lessee the Leased Property described in Exhibit "A," <br />attached hereto and made a part hereof, for a term beginning on the Effective Date and <br />ending on March 31, 2029 (the "Expiration"). If Lessee desires to continue leasing the <br />Leased Property, Lessee shall provide written notice to Lessor at least one hundred eighty <br />(180) days prior to the Expiration of the Agreement. If Lessor, in its sole discretion, and in <br />accordance with Lessor's procedures, determines that the Leased Property continues to be <br />available for lease, a new Use and Occupancy Agreement will be required. The Lessee's <br />failure to comply with the foregoing 180-day notice provision may result in the Lessor's refusal <br />to enter into a new Use and Occupancy Agreement. <br />If Lessee holds over and remains in possession of the Leased Property after the Expiration <br />specified in this Agreement, Lessee's tenancy shall be considered a tenancy at sufferance, <br />subject to the same terms and conditions as herein contained in this Agreement. <br />This Agreement is subject to all utilities in place and to the maintenance thereof as well as <br />any other covenants, easements, or restrictions of record. <br />This Agreement shall be construed as a lease of only the interest, if any, of Lessor, and no <br />warranty of title shall be deemed to be given herewith. <br />3. Paragraph 3: Rent, is hereby deleted in its entirety and is replaced with the following: <br />The Parties agree that the Lessee shall pay Lessor, as rent, forty percent (40%) of all gross <br />revenues collected from the use of the Leased Property. The Parties further agree the Lessee <br />shall bear all expenses and operational costs from its sixty percent (60%) share of all gross <br />revenues. "Gross revenues" shall be described as any and all revenues received from the <br />Lessee as a result of the use of the Leased Property, including, but not limited to, metered <br />parking, parking for fee, recreational and vending concessions, if any, and fees and/or rent <br />collected from a sublessee which sublease shall have been approved by the Lessor. On the <br />first business day after the last day of each quarter, Lessee shall remit to Lessor forty percent <br />Rev. 6/25 Page 2 of 10 <br />60 <br />