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<br />575-060-32
<br />RIGHT OF WAY
<br />OGC - 06/07
<br />Page 3 01 7
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<br />f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the airspace so as to assure that the structures
<br />and the area within the highway right of way boundaries will be kept in good condition, both as to safety and appearance. Such
<br />maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. In the event that
<br />Lessee fails to so maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may
<br />enter the facility to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and
<br />payable to the Department upon the performance of such work.
<br />g. Portable or temporary advertising signs are prohibited.
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<br />h. The design, occupancy, and use of the airspace shall not adversely affect the use, safety, appearance, or enjoyment of the
<br />highway by smoke, fumes, vapors, odors, droppings, or any other objectionable discharges or emissions, or nuisances of any kind
<br />therefrom.
<br />i. When, for the proposed use of the airspace, the highway requires additional highway facilities for the proper operation
<br />and maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the
<br />FHWA and subject to both Department and FHWA approval.
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<br />j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the airspace.
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<br />k. Lessee shall not occupy, use, permit, or suffer the airspace, the property, the facility, or any part thereof to be occupied or used
<br />for any illegal business use or purpose, for the manufacture or storage of flammable, explosive, or hazardous material, or any other
<br />hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any
<br />present or future federal, state, or local laws, orders, directions, ordinances, or regulations.
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<br />I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
<br />defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited.
<br />The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held
<br />responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the
<br />Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
<br />airspace under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the
<br />Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination.
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<br />m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the same.
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<br />5. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its
<br />officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
<br />negligent act by Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its
<br />agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any
<br />act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the
<br />Agreement.
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<br />When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
<br />services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department
<br />will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in
<br />defending the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the
<br />defense of the claim or to require that Lessee defend the Department in such claim as described in this section. The Department's
<br />failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the
<br />claim by Lessee. The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
<br />any.
<br />Note: No longer required for local governments.
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<br />6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability insurance
<br />protecting the Department and Lessee against any and all claims for injury and damage to persons and property, and for the loss of
<br />life or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee,
<br />its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not
<br />less than one million dollars ($ 1,000,000.00 ) for bodily injury or death to anyone person or any number
<br />of persons in anyone occurrence and not less than one million dollars ($ 1 000000.00
<br />for property damage, or a combined coverage of not less than two million dollars ($ 2,000.000.00 ).
<br />All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a
<br />provision whereby the same cannot be canceled or modified unless the Department is given at least sixty (60) days prior written
<br />notice of such cancellation or modification. Lessee shall provide the Department certificates showing such insurance to be in
<br />place and showing the Department as additional named insured under the policies. If self-insured or under a risk management
<br />program, Lessee represents that such minimum coverage for liability will be provided for the property.
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