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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 />62680-13-U <br />826 <br />Miami -Dade <br />7756 <br />THIS ADDENDUM ("Addendum") made effective on (the "Effective <br />Date") is an Addendum to that certain Use and Occupancy Agreement (the "Agreement) <br />between the State of Florida, Department of Transportation (the "Department" or "Lessor") <br />and City of Sunny Isles Beach (the "Lessee") (collectively, the "Parties") dated <br />RECITALS <br />WHEREAS, the Parties previously entered into an Airspace Agreement for Parcel 3129 <br />(the "Leased Property") on July 31, 2009 (the "Prior Airspace Agreement"); <br />WHEREAS, the Prior Airspace Agreement expired on July 31, 2019 (the "Airspace <br />Agreement Expiration"), and was not timely renewed due to delays in negotiations between the <br />Parties as to the renewal terms of the Prior Airspace Agreement; <br />WHEREAS, from the Prior Airspace Agreement Expiration up to the Effective Date, <br />Lessee has remained in possession of the Leased Property as a month -to -month tenant at will <br />pursuant to Section 83.04, Florida Statutes with Lessor's knowledge and approval, and <br />continued to pay rent in a timely manner through the Effective Date; <br />WHEREAS, the Parties further intend to divide the existing Lease into two separate <br />leases and to execute a new Agreement for the leasing of Parcel 7756 to the City; and <br />WHEREAS, the Parties are hereby entering into the new Agreement, to be executed <br />contemporaneously with this Addendum, and to be amended and supplemented by this <br />Addendum, for the purpose of retroactively establishing the terms of the Lessee's possession of <br />the Leased Property during the holdover period of the Prior Use and Occupancy Expiration <br />through the Effective Date of this Addendum (which shall also be the effective date of the <br />Agreement), and to establish a lease to commence on the Effective Date; <br />WHEREAS, in addition to the provisions contained in said Agreement, the terms and <br />conditions set forth herein shall be deemed to be a part thereof. <br />NOW THEREFORE, in consideration of the covenants, promises, understandings, and <br />agreements made by each Party to the other as set forth herein, Lessor and Lessee do hereby <br />mutually agree as follows: <br />Rev. 6/25 Page 1 of 9 <br />29 <br />