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DocuSign Envelope ID: Bl B2BE1F-352D-4DDEA8OF-F6OD155B391A
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />575460.33
<br />LEASE AGREEMENT
<br />RIGHTOF WAY
<br />OGC-0&09
<br />Pace 1 of 5
<br />ITEM/SEGMENT NO.: 248831-1
<br />MANAGING DISTRICT: Six
<br />F.A.P. NO.: N/A
<br />STATE ROAD NO.: AlA& 856
<br />COUNTY: Miami -Dade
<br />PARCEL NO.: 653 & 654
<br />THIS AGREEMENT, made this ' day of May
<br />2021 , by and between the STATE OF
<br />FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor), and CITY OF SUNNY ISLES BEACH. a Florida
<br />municioal corporation.
<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 3/1/2021 and ending 02/28/2031 . This
<br />Lease may be renewed for an additional See Addendum term at Lessee's option, subject to the rent adjustment as provided in
<br />Paragraph 3 below. Lessee shall provide Lessor See Addendum days advanced written notice 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 title 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. Lessee shall not
<br />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.
<br />Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use
<br />or occupy said property for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or
<br />future ordinances and/or roles, 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 defined
<br />under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use
<br />of petroleum products, pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible
<br />for the performance of and payment for any environmental remediation that may be necessary, as determined by the Lessor, within the
<br />leased property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the leased
<br />property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any
<br />claim, loss, damage, costs, charge, or expense arising out of any such contamination.
<br />3. Rent. 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 this Lease is
<br />terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be
<br />owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city, and local taxes that may be due during
<br />the term hemof, including any real property taxes. Rent payments shall be made payable to the Florida Department of Transportation
<br />and shall be sent to 1000 NW 111'h Avenue, RAN Administration. Ran. 6108, Miami, Florida 330172, Aftn: Property Management
<br />. Lessor reserves the right to review and adjust the rental fee biannually and at renewal to reflect
<br />market conditions. Any installment of rent not received within ten (10) days after the date due shall bear Interest at the highest rate
<br />allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate Lessor to accept late
<br />rent payments or provide Lessee a grace period.
<br />4. Improvements. No structures or improvements of any kind shall be placed upon the property without the prior written
<br />approval of the District Secretary for District Six of Lessor. Any such structures or improvements shall be constructed in
<br />a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or improvements
<br />constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of termination of this
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