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575-060-32
<br />RIGHT OF WAY
<br />OGC - 02/20
<br />Page 4 of 8
<br />Lessee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount
<br />of not less than one million dollars ($ 1,000,000.00 ) for bodily injury or death to any one person or any number of persons in
<br />any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage, or a combined
<br />coverage of not less than one million dollars ($ 1,000,000.00 ). All such policies shall be issued by companies licensed
<br />to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified
<br />unless the Department is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide
<br />the Department certificates showing such insurance to be in place and showing the Department and FHWA as additional insured under
<br />the policies. If self-insured or under a risk management program, Lessee represents that such minimum coverage for liability will be
<br />provided for the property.
<br />7. Termination
<br />a. This Agreement may be terminated by either party without cause upon thirty------- ( 30 ) days prior written notice to the
<br />other party.
<br />b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement
<br />immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not
<br />corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and
<br />the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the
<br />Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA.
<br />c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the
<br />expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
<br />renew the Agreement.
<br />d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition
<br />existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part
<br />thereof has been constructed on the property.
<br />e. If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be
<br />removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as
<br />nearly as practicable.
<br />f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose, is
<br />abandoned, or if use of the facility is required by the Department for transportation, maintenance or emergency purposes.
<br />8. Eminent Domain
<br />Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant
<br />and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this
<br />Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
<br />for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any
<br />other facts or circumstances arising out of or in connection with this Agreement.
<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 property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent
<br />properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee
<br />also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any
<br />sort as set out above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by
<br />Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this
<br />Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
<br />9. Miscellaneous
<br />a. The real property interest and Lessee's rights under this Agreement shall not be transferred, assigned, pledged or
<br />conveyed to another party without the prior written consent of the Department, subject to concurrence by the FHWA. Lessee shall not
<br />allow any liens or other encumbrances to attach to the leased property.
<br />b. In conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and 49 CFR Part 21, Lessee agrees as follows:
<br />1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the
<br />land that (1) no person, on the grounds of race, color, sex, or national origin shall be excluded from participation in,
<br />be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility; (2) that in
<br />connection with the construction of any improvements on said property and facility and the furnishing of services
<br />thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3)
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