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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 />MANAGING DISTRICT <br />F.A.P. NO.: <br />STATE ROAD NO.: <br />COUNTY: <br />PARCEL NO.: <br />4152301 <br />Six <br />62680-13-U <br />826 <br />Miami -Dade <br />7756 <br />the necessary repairs in accordance with the Department's guidelines, when <br />appropriate. <br />Subparagraph 4.g. is hereby deleted in its entirety and is replaced with the following: <br />g. Portable or temporary advertising signs are prohibited. Directional signs indicating <br />entrances, exists, etc. are permitted. Such signs must be designed and installed to <br />meet applicable standards of the Department. Such signs may be illuminated if <br />permitted by local or county sign codes. <br />Subparagraph 4.1. is deleted in its entirety and is replaced with the following: <br />Any activities in any way involving hazardous materials or substances of any kind <br />whatsoever, either as those terms may be defined under any state or federal laws or <br />regulations, or as those terms are understood in common usage, are specifically <br />prohibited. The use of petroleum products, pollutants, and other hazardous materials <br />affecting the Leased Property is prohibited. Lessee shall be held responsible for the <br />performance of and payment for any environmental remediation that may be <br />necessary, as determined by the Department. Similarly, if any contamination either <br />spread to or was released onto adjoining property as a result of Lessee's use of the <br />real property interest under lease, the Lessee shall be held similarly responsible. The <br />Lessee shall indemnify, defend, and hold harmless the Department from any claim, <br />loss, damage, cost, charge, or expense arising out of any such contamination. <br />The Lessee's obligations in this subparagraph 4.1. shall survive the expiration or <br />termination of this Agreement with respect to any claims which may result from <br />incidents occurring during the term of this Agreement. <br />Subparagraph 4.m. is deleted in its entirety and is replaced with the following: <br />m. Existing utilities and easements upon, under, over, or within the Leased Property shall <br />remain in place. Lessee shall allow any utility owner to access and enter upon the <br />Leased Property in order to perform maintenance on said utility. Lessee shall not <br />disturb or interfere with said utilities or easements. If a utility owner which has a utility <br />that is placed upon, under, over, or within the Leased Property determines, in its sole <br />discretion, that the Lessee's use of the Leased Property to be interfering in any way <br />with the convenient, safe, or continuous use, or the maintenance, improvement, <br />extension, or expansion, of such utility, the Lessee shall, upon reasonable written <br />notice to Lessee by the Department, initiate any work necessary to cease any <br />activities interfering with the utility and/or remove any improvements or other personal <br />Rev. 6/25 Page 5 of 9 <br />33 <br />
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