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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060.33
<br /> LEASE AGREEMENT RIGHT OF WAY
<br /> OGG-oeme
<br /> ITEM/SEGMENT NO.: 2488311
<br /> MANAGING DISTRICT: Six
<br /> • F.A.P. NO.: WA
<br /> STATE ROAD NO.: A1A&856
<br /> COUNTY.: Miami-Dade •
<br /> � PARCEL NO.: 653&6518 4
<br /> THIS AGREEMENT,made this day of � , 2011 ,by and between the STATE
<br /> OF FLORIDA DEPARTMENT OF TRANSPORTATION,_(hereinafter called the Lessor),and CITY OF SUNNY ISLES BEACH,
<br /> • 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br /> (hereinafter called the Lessee.)
<br /> WITNESSETH:
<br /> In consideration of the mutual covenants contained herein,the parties agree as follows:
<br /> 1.Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit"A",attached and made a part
<br /> hereof,for a term of Ten(10)years beginning 3/1/2011 and ending 2/28/2021 . This
<br /> Lease may be renewed for an additional ten(10)years term at Lessee's option,subject to the rent adjustment as
<br /> provided in Paragraph 3 below. Lessee shall provide Lessor one hundred&twenty days advanced written notice
<br /> of its exercise of the renewal option.
<br /> If Lessee holds over and remains in possession of the property after the expiration of the term specified in this Lease, or any
<br /> renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as
<br /> herein contained in this Lease.
<br /> This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants,easements,
<br /> or restrictions of record.
<br /> This Lease shall be construed as a lease of only the interest,if any,of Lessor,and no warranty of tide shall be deemed
<br /> to be given herewith.
<br /> 2. Use. The leased property shall be used solely for the purpose of See Addendum
<br /> If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease.
<br /> Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities.
<br /> Lessee will further use and occupy the leased property in a careful and proper manner,and not commit any waste thereon. Lessee
<br /> will not cause,or allow to be caused,any nuisance or objectionable activity of any nature on the property. Lessee will not use or
<br /> occupy said property for any unlawful purpose and will,at Lessee's sole cost and expense,conform to and obey any present or future
<br /> ordinances and/or rules,regulations, requirements, and orders of governmental authorities or agencies respecting the use and
<br /> occupation of the leased property.
<br /> 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 on the leased 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 /> Lessor,within the leased property. If any contamination either spread to or was released onto adjoining property as a result of
<br /> Lessee's use of the leased property,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold •
<br /> harmless the Lessor from any claim,loss,damage,costs,charge,or expense arising out of any such contamination.
<br /> 3. gent. Lessee shall pay to Lessor as rent,on or before the first day of each rent payment period,the sum of
<br /> See Addendum plus applicable tax,for each See Addendum of the term. If
<br /> this Lease is terminated prior to the end of any rent payment period,the unearned portion of any rent payment, less any other amounts
<br /> that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county,city,and local taxes that may be
<br /> due during the term hereof, including any real property taxes. Rent payments shall be made payable to the Florida Department
<br /> of Transportation and shall be sent to R/W Administration, 1000 NW 111 Avenue,Rm.6105-B,Miami, Florida 33172
<br /> Attn: Property Management . Lessor reserves the right to review and adjust the rental fee biennually
<br /> and at renewal to reflect market conditions. Any installment of rent not received within ten(10)days after the date due
<br />
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