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ROSSI L. Ni
<br />Facility Name/Location
<br />Miami - Sunny Isles Beach Finance (115902-001)
<br />18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723
<br />General Conditions to USPS Lease
<br />County: Dade
<br />Lease: Q90000541565
<br />"Environmental Contamination means the presence of any Hazardous Materials which includes the presence of
<br />friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building,
<br />at levels that require reporting to the enforcing environmental regulatory agency and/or environmental response
<br />action (s) under applicable Environmental Laws.
<br />"Asbestos -Containing Material" (ACM) means any material containing more than 1% asbestos as determined by
<br />using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any
<br />ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
<br />b. Landlord Disclosure. The Landlord shall disclose in writing to the Postal Service with regards to the
<br />Property: (i) the known presence of Environmental Contamination; (ii) the known presence, location and quantity of
<br />all ACM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed
<br />on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been
<br />tested and identified as non -ACM; and (iii) any known information concerning the presence of lead-based paint,
<br />radon above 4 picoCuries/liter (pCi/L), and lead piping or solder in drinking water systems.
<br />c. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its
<br />knowledge and excluding any written disclosures per paragraph 7.13, the Property is (i) free of Environmental
<br />Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the
<br />premises or property; (iii) there are no ACMs, radon, lead-based paint, or lead piping or solder in drinking water
<br />systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or
<br />other communication from any party concerning any environmental condition, or violation or potential violation of
<br />any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such
<br />conditions, potential conditions, or violations of any Environmental Law regarding the Property or its vicinity defined
<br />herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as
<br />soon as possible, and under no circumstances later than 5 business days after first becoming aware.
<br />d. Environmental Condition of the Premises.
<br />(i) Unless due to the negligence of the Postal Service, if after the Lease Commencement Date or any renewal
<br />thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal
<br />Service, Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental
<br />Laws. Prior to performing any work, Landlord must provide written notice to
<br />the Postal Service Contracting Officer of the Landlord's contractor and scope of work, arad-s
<br />The foregoing notwithstanding, the Postal Service shall pay a-pediew--ef the costs of
<br />remediation of Environmental Contamination caused directly by the negligence of the l Service.
<br />SEE ADDENDUM #19, #20
<br />(ii)If non -friable ACM is subsequently found in or on the Property or the Building which reasonably should have
<br />been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense,
<br />an asbestos survey of the premises pursuant to the standards of the Asbestos Hazard Emergency Response Act
<br />(AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey
<br />report and plan to the Postal Service. If friable ACM is subsequently found in or on the Property or the Building
<br />which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees at
<br />Landlord's sole expense, to remove and/or abate the friable ACM.
<br />(iii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants
<br />("Landlord's Agents") shall provide all information and data obtained, generated or learned as a result the work,
<br />August 2017 Page 6 of 14
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