Reso 2026-4038 - 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 62680-13-U 826 Miami -Dade 7756 4. Paragraph 4: Use, Occupancy, and Maintenance, is hereby modified as follows: Subparagraph 4.b. is hereby deleted in its entirety and is replaced with the following: b. The Department intends to lease to the Lessee the Leased Property solely for the benefit of the Lessee to provide public amenities and recreational facilities for the general public, subject to the following conditions: 1. The primary designation of real property interest is and shall remain for transportation purposes; 2. The use and occupancy of the real property interest for the public purpose described above is only temporary; and 3. Upon termination of the term of the Agreement, the property shall revert to transportation use. The following improvements currently exist on the Leased Property: for which the Lessee is responsible for all maintenance, park benches, decorative pavers, signs, lighting, landscaping, and fencing (collectively, the "Existing Improvements"). The Lessor hereby allows the Existing Improvements to remain until such time the Agreement is terminated or expires. It is understood and agreed, however, that this provision is of a temporary nature and is not intended to replace a permit or other permanent authorization of the Lessor. Upon termination or Expiration of this Agreement, the Lessee shall remove all Existing Improvements and restore the Leased Property to a like or similar condition as existed prior to the placement of the Existing Improvements by Lessee on the Leased Property. Lessee agrees to coordinate removal of the Existing Improvements with Lessor and to exercise due care to mitigate any adverse effects on Lessor's abutting infrastructure. The City will not use or occupy the Leased Property for any unlawful purpose and will conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies. The City shall prohibit overnight camping, sleeping, and cooking in the Leased Property. If the City installs a locking gate or barrier, or other means of restricting access to the Leased Property, a duplicate set of keys will be provided to the Department. Rev. 6/25 Page 3 of 9 31