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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 />is required by the Department for transportation, construction, maintenance, or <br />emergency purposes. <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 <br />not be unreasonably delayed or withheld, and subject to concurrence by FHWA. This <br />Agreement is being executed by Lessor upon the credit and reputation of Lessee. <br />Acceptance by Lessor of rental from a third party shall not be considered as an <br />assignment or sublease, nor shall it be deemed as constituting consent of Lessor to <br />such an assignment or sublease. Lessee shall not allow any liens or other <br />encumbrances to attach to the Leased Property. <br />Subparagraph 9.i. is deleted in its entirety and is replaced with the following: <br />All notices, requests, demands, consents, approvals, and other communications <br />which are required to be served or given under this Agreement shall be in writing and <br />shall be delivered by either hand delivery, by a nationally recognized courier (such <br />as FedEx or UPS), or by the United States Postal Service, sent Certified Mail, return <br />receipt requested, 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 <br />unavailable to sign for the notice if signature by the Lessor or Lessor is required, then <br />Rev. 6/25 Page 7 of 9 <br />35 <br />