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STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION <br />ADDENDUM TO USE AND OCCUPANCY AGREEMENT <br />ITEM/SEGMENT NO.: <br />4152301 <br />MANAGING DISTRICT: <br />Six <br />F.A.P. NO.: <br />6268012-U / 6268-013-U <br />STATE ROAD NO.: <br />826 <br />COUNTY: <br />Miami -Dade <br />PARCEL NO.: <br />3129 <br />6. Paragraph 9: Miscellaneous, is hereby modified as follows: <br />Subparagraph 9.a. is deleted in its entirety and is replaced with the following: <br />a. Lessee shall not sublet the Leased Property or any part thereof, nor assign this <br />Agreement, without the prior consent in writing of the Lessor, whose consent shall not be <br />unreasonably delayed or withheld, and subject to concurrence by FHWA. This Agreement <br />is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by <br />Lessor of rental from a third party shall not be considered as an assignment or sublease, <br />nor shall it be deemed as constituting consent of Lessor to such an assignment or <br />sublease. Lessee shall not allow any liens or other encumbrances to attach to the Leased <br />Property. <br />Subparagraph 9.i. is deleted in its entirety and is replaced with the following: <br />i. All notices, requests, demands, consents, approvals, and other communications which <br />are required to be served or given under this Agreement shall be in writing and shall be <br />delivered by either hand delivery, by a nationally recognized courier (such as FedEx or <br />UPS), or by the United States Postal Service, sent Certified Mail, return receipt requested, <br />postage paid, to the following addresses: <br />To Lessor: Florida Department of Transportation <br />1000 NW 111 th Avenue, Room 6105-B <br />Miami, Florida 33172 <br />Attention: Right of Way Manager <br />To Lessee: Sunny Isles Beach Government Center <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />Attention: Deputy City Manager <br />or to such other addresses as either Party may designate in writing from time to time. <br />If the notice requires signature by the Lessee or Lessor, the notice shall be deemed <br />served on the date of the notice was signed for by the Lessee or Lessor. If the notice <br />does not require signature by the Lessee or Lessor, or the Lessee or Lessor is unavailable <br />to sign for the notice if signature by the Lessor or Lessor is required, then notice shall be <br />Rev. 6/25 Page 8 of 10 <br />66 <br />