575-060-32
<br />RIGHT OF WAY
<br />OGC - 02/20
<br />Page 2 of 8
<br />b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
<br />conditions.
<br />c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation
<br />and delivered on or before the due date to: 1000 NW 1111h Avenue, RNV Administration, Rm. 6105-B, Miami Florida 33172, Attention
<br />Property Management.
<br />d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes
<br />and special assessments. In the event that no rent is specified herein, then it has been determined that either the use by Lessee is a
<br />nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S.C. Section
<br />156) has been obtained for social, environmental, or economic mitigation (SEE) purposes. In the event that it should be determined at
<br />any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
<br />revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified
<br />by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the
<br />remaining term (including renewals) of this Agreement.
<br />e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by
<br />law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late
<br />rent payments or provide Lessee a grace period.
<br />4. Use, Occupancy, and Maintenance
<br />a. The Lessee shall be responsible for developing and operating the real property interest as set forth herein.
<br />b. The Lessee's proposed use of the real property interest is as follows: landscaping enhancements and related amenities
<br />and their respective maintenance; public parking facilities for motor vehicles. See Addendum
<br />c. The general design for the use of the real property interest, including any facilities to be constructed, and the maps, plans,
<br />and sketches setting out the pertinent features of the use of the real property interest in relation to the highway facility are set forth in
<br />composite Exhibit "B" attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a
<br />three-dimensional description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or
<br />adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, or
<br />other similar uses, in which case, a metes and bounds description of the surface area, together with appropriate plans or cross sections
<br />clearly defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit "B".
<br />d. Any change in the authorized use of the real property interest or revision in the design or construction of the facility
<br />described in Exhibit "B" shall require prior written approval from the appropriate District Secretary of the Department, subject to
<br />concurrence by the FHWA.
<br />e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA
<br />representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and
<br />adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and
<br />any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard.
<br />f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the real property interest so as to assure
<br />that the structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and
<br />appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use.
<br />Lessee shall ensure vertical and horizontal access to the Department for maintenance purposes. In the event that Lessee fails to so
<br />maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may enter the facility to
<br />perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the
<br />Department upon the performance of such work.
<br />g. Portable or temporary advertising signs are prohibited.
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