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DocuSign Envelope ID: Bi B2BE1F-352D-4DDEA8OF-F6ODl55B391A
<br />57'-0 33
<br />RIGHT OF WAY
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<br />canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee
<br />shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional insured under the policies. If
<br />self -insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the
<br />leased property.
<br />Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount
<br />thereof adequately protects Lessors interest. Lessee further agrees that it shall during the full term of this Lease and at its own
<br />expense keep the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty.
<br />Lessee also agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property
<br />located on the leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on
<br />behalf of itself and its Insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or
<br />not such fire or other casualty shall have resulted In whole or in part from the negligence of the Lessor.
<br />B. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord
<br />and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination
<br />of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to
<br />compensation for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any
<br />other facts or circumstances arising out of or in connection with this Lease.
<br />Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or
<br />damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from
<br />Lessee's loss of occupancy of the leased property, or any such rights, claims, or damages Flowing from adjacent properties owned or
<br />leased by Lessee as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any
<br />legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of
<br />Lessee's loss of occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by
<br />eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in
<br />existence on the date of taking or sale; or has been terminated prior thereto.
<br />9. Miscellaneous.
<br />a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be
<br />terminated by either party, without cause upon thirty (30) days prior written notice to the other party.
<br />b. In addition to, or in lieu of, the terms and conditions contained herein, the provisions of any Addendum of even date
<br />herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of
<br />any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall
<br />control, unless the provisions thereof are prohibited by law.
<br />c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity
<br />to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily. This Lease
<br />contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements,
<br />oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased property and
<br />landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between Lessee and Lessor
<br />with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its conditions or provisions
<br />shall be binding upon Lessor or Lessee unless in writing and signed by both parties.
<br />d. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the poor consent in writing of the
<br />Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third
<br />party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an
<br />assignment or sublease.
<br />e. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph
<br />services, or any other utility or service used on the property.
<br />f. This Lease shall be governed by the laws of the Stale of Florida, and any applicable laws of the United States
<br />of America.
<br />g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to:
<br />City of Sunny Isles Beach. 18070 Collins Avenue, Sunny Isles Beach. Florida 33160, Attn: Christopher J. Russo, City Manager.
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