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FORM 575-060-33
<br />RIGHT OF WAY . 09/94
<br />Page 2 of 5
<br />period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded
<br />to Lessee. Lessee shall pay any and all state, county, city and local taxes that may be due during the term hereof, r
<br />including any real property taxes. Rent payments shall be made payable to the Department of Transportation and shal
<br />be sent to Ri ht of Wa Administration 1000 NW 111 Ave. Miami Florida 33172. The Lessor reserves the right to
<br />review and adjust the rental fee biennually and at renewal to reflect market conditions. Any installment of rent not
<br />received within ten (10) days after the date due shall bear interest at the highest rate allowed by law from the due datV
<br />thereof. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period.
<br />4. Improvements. No structures or improvements of any kind shall be placed upon the land without prior
<br />approval in writing by the District Secretary for District VI of Lessor. Any such structures or improvements shall
<br />be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlords lien, any
<br />structures or improvements constructed by Lessee shall be removed by the Lessee, at Lessee's sole cost and expense, by (/
<br />midnight on the day of termination of this Agreement and the land restored as nearly as practical to its condition at the
<br />time this agreement is executed. Portable or temporary advertising signs are prohibited.
<br />Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the property or
<br />premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary;
<br />and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all
<br />purposes of Lessee.
<br />Lessor reserves the right to inspect the leased area and to require whatever adjustment to structures or
<br />improvements as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole costs
<br />and expense.
<br />5. Maintenance. Lessee shall keep and maintain the land and any building or other structure, now or hereafter
<br />erected thereon, in good and safe condition and repair at Lessee's own expense during the existence of this lease, and shall
<br />keep the same free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same
<br />becoming dangerous, inflammable or objectionable. Lessor shall have no duty to inspect or maintain any of the land,
<br />buildings or other structures, if any, during the term of this Lease; however, Lessor shall have the right, upon twenty-four
<br />(24) hours notice to Lessee, to enter the property for purposes of inspection, including conducting an environmental
<br />assessment. Such assessment may include but would not be limited to: surveying; sampling of building materials, soil
<br />and groundwater; monitoring well installations; soil excavation; groundwater remediation; emergency asbestos abatement;
<br />operation and maintenance inspections; and, any other action which might be reasonable and necessary. Lessor's right
<br />of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to maintain the
<br />property. In the event of emergency due to a release or suspected release of hazardous waste on the premises, Lessor
<br />shall have the right of immediate inspection, and the right, but not the obligation, to engage in remedial action, without
<br />notice.
<br />6. Indemnification. Lessee shall indemnify, defend, save and hold Lessor, its agents and employees, harmless
<br />of and from any losses, fines, penalties, costs, damage, claims, demands, suits and liabilities of any nature, including
<br />attorneys fees (including regulatory and appellate fees), arising out of, because of, or due to any accident, happening or
<br />occurrence on the leased land or arising in any manner on account of the exercise or attempted exercise of Lessee's rights
<br />hereunder, whether the same regards person or property of any nature whatsoever, regardless of the apportionment of
<br />negligence, unless due to the sole negligence of Lessor.
<br />Lessee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate
<br />and associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be
<br />triggered by the Department's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its
<br />evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by the -
<br />Department is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted
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