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<br />City of Sunny Isles Beach |Request for Proposal No. 22-09-01 26
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<br />2.28 ENVIRONMENTAL COMPLIANCE:
<br />Tenant shall at all times during the Term keep the Premises free of Hazardous Materials (as defined below),
<br />and neither Tenant nor any of its employees, agents, invitees, licensees, contractors or subtenants (if
<br />permitted) shall use, generate, manufacture, refine, treat, process, produce, store, deposit, handle,
<br />transport, release, or dispose of Hazardous Materials in, on or about the Premises or the Parcel, or the
<br />groundwater of them in violation of any federal, state or municipal law, decision, statute, rule, ordinance
<br />or regulation currently in existence or subsequently enacted or rendered. Tenant shall give Landlord prompt
<br />written notice of any claim received by Tenant from any person, entity or governmental agency that a
<br />release or disposal of Hazardous Materials has occurred on the Premises, or the parcel. As used in this
<br />Lease, the term "Hazardous Materials" shall mean and be defined as any and all toxic or hazardous
<br />substances, chemicals, materials or pollutants, of any kind or nature, including the disposal of grease or
<br />grease products as a result of Tenant's restaurant operation which are regulated, governed, restricted or
<br />prohibited by any federal, state or local law, decision, statute, rule, or ordinance currently in existence or
<br />hereafter enacted or rendered. Tenant shall not discharge into any sanitary sewer system serving the
<br />Premises any toxic or hazardous sewage or waste other than that which is normal domestic wastewater.
<br />Any toxic or hazardous sewage or waste which is produced or generated by Tenant or in connection with
<br />the operation of Tenant's business, including the disposal of grease generated as part of Tenant's restaurant
<br />operation, shall be handled and disposed of as required by and in compliance with Applicable Laws or shall
<br />be pretreated to the level of domestic wastewater prior to discharge into any sanitary sewer system serving
<br />the Premises.
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<br />2.29 PUBLIC RECORDS LAW:
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<br />The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of
<br />confidentiality or proprietary information in all or any portion of a response will be honored unless
<br />a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed
<br />exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges
<br />the public shall have access at all reasonable times, to all documents and information pertaining
<br />to City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow
<br />access by the City and the public to all documents subject to disclosures under applicable law. To
<br />the extent that Contractor has been provided access to or has received security sensitive
<br />information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential
<br />Information Acknowledgement and Agreement as part of the RFP process, Contractor shall keep
<br />and maintain the security sensitive information as confidential and exempt from public
<br />disclosures as required by Florida Statutes.
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<br />IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
<br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
<br />SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC
<br />RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
<br />CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES
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