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Reso 2026-4039
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Reso 2026-4039
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7/21/2026 11:15:16 AM
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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 />4152301 <br />Six <br />6268012-U / 6268-013-U <br />826 <br />Miami -Dade <br />3129 <br />Notwithstanding the foregoing, in the event of emergency maintenance by a utility owner, <br />immediately upon notice to Lessee by the Department, the Lessee shall cease any <br />activities interfering with the utility and/or remove any Obstructions from the Leased <br />Property at Lessee's sole cost and expense. In the event Lessee fails to do so, the utility <br />owner may enter the Leased Property and, with no obligation to repair or replace same, <br />has the right to stop any activities interfering with the utility and/or remove or demolish <br />any Obstructions on the Leased Property at the sole cost and expense of Lessee. Lessee <br />shall hold harmless the Department from any claim, loss, damage, cost, charge, or <br />expense arising out of actions by utility owners under this subparagraph. <br />Subparagraph 4.n. is added at the end of Paragraph 4: <br />n. The Leased Property shall be used only for the proposed use set forth in subparagraph <br />4.b. of this Agreement. Lessee shall, at its own cost and expense, obtain all licenses, <br />permits, or other approvals necessary for the proposed use of the Leased Property, if <br />any. Lessee shall provide the Department with copies of said licenses, permits, or other <br />approvals upon request of the Department. <br />Subparagraph 4.o. is added at the end of Paragraph 4: <br />o. Lessee shall perform, at the sole expense of Lessee, all work required in the preparation <br />of the Leased Property for occupancy by Lessee, in the absence of any special provision <br />herein contained to the contrary; and Lessee does hereby accept the Leased Property as <br />now being in fit and tenantable condition for all purposes of Lessee. Lessor reserves the <br />right to inspect the Lease Property and to require whatever adjustment to structures or <br />improvements as Lessor, in its sole discretion, deems necessary. Any adjustments shall <br />be done at Lessee's sole cost and expense. <br />5. Paragraph 7: Termination, is hereby modified as follows: <br />Subparagraph 7.f. is deleted in its entirety and is replaced with the following: <br />This Agreement is terminable by the Department in the event that the Leased Property <br />ceases to be used for its intended purpose, is abandoned, or if use of the Leased Property <br />is required by the Department for transportation, construction, maintenance, or emergency <br />purposes. <br />Rev. 6/25 Page 7 of 10 <br />65 <br />
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