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Reso 2026-4038
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Reso 2026-4038
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7/21/2026 11:31:55 AM
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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 />62680-13-U <br />STATE ROAD NO.: <br />826 <br />COUNTY: <br />Miami -Dade <br />PARCEL NO.: <br />7756 <br />Subparagraph 4.d. is hereby deleted in its entirety and is replaced with the following: <br />d. Any change in the authorized use of the Leased Property or revision in the design <br />described in Exhibit "B" shall require prior written approval from the District Six, <br />District Secretary, subject to FHWA approval. No improvements (moveable, fixed, <br />temporary, or otherwise), including, but not limited to, signs or sign structures, shall <br />be placed, installed, or constructed on the Leased Property without the prior written <br />approval of the District Secretary for District Six of Lessor, subject to FHWA approval, <br />and subject to Lessor's regulations and guidelines. <br />Subparagraph 4.e. is hereby deleted in its entirety and is replaced with the following: <br />e. The Department, through its duly authorized representatives, employees, and <br />contractors, and any authorized FHWA representative, may enter the Leased <br />Property at any time for the purpose of inspection, maintenance, or reconstruction of <br />the highway, its adjacent facilities, or the Department's improvements and features <br />within the Leased Property, when necessary; or for the purpose of surveying, drilling, <br />monitoring well installations, sampling, remediation, and any other action which is <br />reasonable and necessary to conduct an environmental assessment or to abate an <br />environmental hazard. <br />Subparagraph 4.f. is hereby deleted in its entirety and is replaced with the following: <br />f. During the lease term, Lessee will be responsible for the maintenance of the Leased <br />Property. Lessee, at Lessee's sole cost and expense, shall maintain the Leased <br />Property so as to assure that the structures and the area within the highway right-of- <br />way boundaries will be kept in good condition, both as to safety and appearance. <br />Such maintenance will be accomplished in a manner so as to cause no unreasonable <br />interference with the highway use. Lessee shall ensure vertical and horizontal access <br />to the Department for maintenance purposes. In the event that Lessee fails to so <br />maintain the Leased Property, the Department, through its duly authorized <br />representatives, employees, and contractors, may enter the facility to perform such <br />work, and the cost thereof shall be chargeable to the Lessee and shall be immediately <br />due and payable to the Department upon the performance of such work. <br />Lessee shall keep the Leased! Property in a clean, sanitary, and safe condition in <br />accordance with all applicable laws, rules, and regulations of government agencies <br />having jurisdiction. In the event of any damage to the Leased Property, Lessee shall <br />ensure that the Leased Property is secured in order to avoid injury to third parties, <br />and Lessee shall immediately coordinate with the Department in order to undertake <br />Rev. 6/25 Page 4 of 9 <br />32 <br />
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