Reso 2022-3317 - Laserfiche WebLink

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23 CFR, Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-32 USE AND OCCUPANCY AGREEMENT RIGHT OF WAY OGC — 02/20 Page 1 of 8 ITEM/SEGMENT NO.: 2489741 MANAGING DISTRICT: Six F.A.P. NO.: 6268-009-U STATE ROAD NO.: 826 COUNTY: Miami -Dade PARCEL NO.: 3129 THIS AGREEMENT, made this day of 2022 , between at (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida (State). WITNESSETH: WHEREAS, the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real or personal, acquired under Section 337.25, Florida Statutes; and WHEREAS, the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid System, to be accomplished pursuant to a right of way use and occupancy agreement in accordance with 23 CFR, Part 710, and WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of State Road 826 which includes the property described in Exhibit "A" attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid System; and WHEREAS, the Department desires to lease to Lessee the airspace which is that space located above and/or below the gradeline of the property described in Exhibit "A", attached and such airspace is hereinafter referred to as the "real property interest" or the "leased property' and made a part hereof for the following purpose: landscaping enhancements and related amenities and their respective maintenance; public parking facilities for motor vehicles. WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway. NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows: Premises The premises hereto are true and correct and form an integral part of this Agreement. Term The Department does hereby lease unto Lessee the real property interest for a period of five (5) years beginning with the date of this Agreement. One renewal of this Agreement may be made for five (5) years However, except for a public purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property lying below said airspace. Rent a. Lessee shall pay to the Department as rent each ❑ month ❑ quarter ❑ year on or before the first day of each rent payment period, SEE ADDENDUM plus applicable sales tax. When this Agreement is terminated, any unearned rent and sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation of a term or condition of this Agreement.