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575-060-32
<br />RIGHT OF WAY
<br />OGC - 02/20
<br />Page 5 of 8
<br />that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 49
<br />CFR part 21..
<br />2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this
<br />Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as if this
<br />Agreement had never been made or issued.
<br />c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all
<br />present or future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of
<br />Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or
<br />any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof.
<br />d. In addition to or in lieu of the terms and conditions contained herein, the provisions of any Addendum of even date herewith
<br />which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any
<br />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 />e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
<br />supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or
<br />unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
<br />f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to
<br />review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This
<br />Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
<br />agreements, oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and
<br />landlord of Lessee are merged in this Agreement, which alone, fully and completely express the agreement between Lessee and the
<br />Department with respect to the subject matter hereof. No modification, waiver, or amendment of this Agreement or any of its conditions
<br />or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
<br />g. 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 />h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of
<br />America
<br />i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
<br />property address provided herein or otherwise provided in writing to the Department.
<br />j. The parties to this Agreement hereby understand and agree that the venue for any action that may arise as a result of this
<br />Agreement shall be in Leon County, Florida.
<br />k. If Lessee is a "contractor" for the purposes of Section 119.0701, Florida Statutes, Lessee shall comply with public records
<br />laws and specifically shall:
<br />1. Keep and maintain the public records that ordinarily and necessarily would be required to be kept and maintained by
<br />the Department in order to perform the services identified herein.
<br />2. Provide the public with access to those public records on the same terms and conditions that the Department would
<br />provide the records and at a cost that does not exceed the cost provided by law.
<br />3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements
<br />are not disclosed except as authorized by law.
<br />4. Meet all requirements for retaining the public records and transfer, at no cost, to the Department all the public records
<br />in possession of Lessee upon termination of this Agreement and destroy any duplicate public records that are exempt
<br />or confidential and exempt from public records disclosure requirements. All such public records (if any) stored
<br />electronically must be provided to the Department in a format that is compatible with the information technology
<br />systems of the Department.
<br />If Lessee fails during such times to comply with a public records request, the Department shall enforce this section in
<br />accordance with this Agreement.
<br />Lessee shall otherwise allow public access to all documents, papers, letters or other materials, made or received by Lessee in
<br />connection with this Agreement and the lease of the Demised Premises, to the extent such access is required because such
<br />documents, papers, letters or other materials are subject to the provisions of s. 24(a) of the State Constitution or Chapter 119, Florida
<br />Statutes.
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