Reso 2026-4039 - Laserfiche WebLink

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STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 applicable standards of the Department. Such signs may be illuminated if permitted by local or county sign codes. Subparagraph 4.1. is deleted in its entirety and is replaced with the following: Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials affecting the Leased Property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the real property interest under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination. The Lessee's obligations in this subparagraph 4.1. shall survive the expiration or termination of this Agreement with respect to any claims which may result from incidents occurring during the term of this Agreement. Subparagraph 4.m. is deleted in its entirety and is replaced with the following: m. Existing utilities and easements upon, under, over, or within the Leased Property shall remain in place. Lessee shall allow any utility owner to access and enter upon the Leased Property in order to perform maintenance on said utility. Lessee shall not disturb or interfere with said utilities or easements. If a utility owner which has a utility that is placed upon, under, over, or within the Leased Property determines, in its sole discretion, that the Lessee's use of the Leased Property to be interfering in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such utility, the Lessee shall, upon reasonable written notice to Lessee by the Department, initiate any work necessary to cease any activities interfering with the utility and/or remove any improvements or other personal property ("Obstructions") from the Leased Property at Lessee's sole cost and expense. The work must be completed within such reasonable time as stated in the notice or such time as agreed to separately by the utility owner and Lessee. Rev. 6/25 Page 6 of 10 64