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<br />- <br /> <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />ADDENDUM TO AIRSPACE AGREEMENT <br /> <br />Item/Seg. No. <br />F.A.P. No. <br />Sec./Job No. <br />Managing District: <br />S.R. No. <br />County <br />Parcel No. <br /> <br />: 248953 1 2489741 <br />268012U/6268009U <br />87070-2514/87170-2517 <br />Six <br />826 (N.W. 163 St.) <br />Miami-Dade <br />3129 (Parts A, B, C & D) <br /> <br />THIS AGREEMENT SHALL SERVE AS AN ADDENDUM to that certain Airspace <br />Agreement between THE STATE OF FLORIDA DEPARTMENT OF <br />TRANSPORTATION (Lessor) and CITY OF SUNNY ISLES BEACH (Lessee), and <br />hereinafter collectively known as the "Parties", dated the day of <br />2009. In addition to the provisions contained in said Airspace Agreement, the following <br />terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) <br />of said Lease Agreement. <br /> <br />Paragraph 2. USE. <br /> <br />The Lessee agrees to occupy and use the property described in Exhibit A solely for the <br />purposes of PUBLIC PARKING. The Lessee further agrees that at no time will the <br />Lessee knowingly use and/or allow the use of the public parking area for other than the <br />intended purpose as defined above without first obtaining prior written approval from <br />Lessor. <br /> <br />The Parties agree that the Lessee shall be held responsible for the performance of and <br />payment for any environmental remediation that may be necessary, as determined by <br />the Lessor, within the leased property only when the Lessee has been the cause of or <br />has allowed others to cause the environmental contamination. <br /> <br />Paragraph 3. RENTo <br /> <br />Lessee agrees to provide parking for motor vehicles in the leased area, free of charge, <br />at the commencement of this Agreement. In the event the Lessee desires, at some <br />future date, to charge a fee for parking or provide any revenue generating amenities <br />within the leased premises, the Lessee shall request Lessor's written approval and give <br />Lessor a minimum 120 days advanced written notice of its intention to do so. Lessee <br />understands and acknowledges that revenue generating amenities will be subject to <br />Lessor's written approval, a rent assessment and change in the terms and conditions of <br />this Agreement by the Lessor. <br /> <br />Paragraph 4. IMPROVEMENTS <br /> <br />Existing improvements by Lessee to lease area consist of: paved parking, sidewalk <br />pavers, signs, landscaping, lighting and fencing as permitted by FOOT special permit. <br />Such improvements are to be maintained by Lessee at its own sole cost and expense. <br /> <br />1 <br />