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Reso 2024-3759
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Reso 2024-3759
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Last modified
5/13/2025 3:04:58 PM
Creation date
12/11/2024 9:01:15 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3759
Date (mm/dd/yyyy)
11/21/2024
Description
Use & Occupacy Agmt w/FDOT for Lehman Causeway Parking Lot (Parcel 653)
Supplemental fields
Comment
Gave to Wendy for remainder of execution 12/11/24.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />ADDENDUM TO USE AND OCCUPANCY AGREEMENT <br />Item/Segment No. <br />Managing District <br />F.A.P. No. <br />State Road <br />County <br />Parcel No. <br />AGREEMENT <br />2488311 <br />Six <br />N/A <br />Al A & 856 <br />Miami -Dade <br />653 (Lot 3) <br />1. The Recitals set forth above are incorporated into and are made a part hereof. <br />2. Paragraph 2: Term, is hereby deleted and is replaced with the following: <br />Lessor does hereby lease unto Lessee the property described in Exhibit "A," attached <br />hereto and made a part hereof, for a term of approximately six (6) years beginning with the <br />Effective Date and ending May 31, 2030 (the "Expiration"). If Lessee desires to continue <br />leasing the Leased Property, Lessee shall provide written notice to Lessor at least one <br />hundred eighty (180) days prior to the Expiration of the Lease. If Lessor, in its sole <br />discretion, and in accordance with Lessor's procedures, determines that the Leased <br />Property continues to be available for lease, a new Lease will be required. The Lessee's <br />failure to comply with the foregoing 180 -day notice provision may result in the Lessor's <br />refusal to enter into a new Lease. <br />If Lessee holds over and remains in possession of the Leased Property after the Expiration <br />of the term specified in this Lease, Lessee's tenancy shall be considered a tenancy at <br />sufferance, subject to the same terms and conditions as herein contained in this Lease. <br />This Lease is subject to all utilities in place and to the maintenance thereof as well as any <br />other covenants, easements, or restrictions of record. <br />This Lease shall be construed as a lease of only the interest, if any, of Lessor, and no <br />warranty of title shall be deemed to be given herewith. <br />3. Paragraph 3: Rent, Paragraph 3.a. and 3.e. are hereby deleted in its entirety and replaced <br />with the following: <br />a. On the first business day after the last day of each quarter, the Lessee shall pay <br />Lessor, as rent, forty (40%) percent of all gross revenues collected from the use of the <br />property for public parking. "Gross revenues" shall be described as any and all revenues <br />received from the Lessee as a result of the use of the Leased Property, including, but not <br />limited to, metered parking, parking for fee, recreational and vending concessions, if any, <br />and fees and/or rent collected from a sublessee which sublease shall have been approved <br />by the Lessor. The first quarter shall commence on November 1, 2024 and all subsequent <br />quarters shall commence on three (3) month intervals thereafter, being February 1, May 1, <br />and August 1. Lessee shall bear all expenses and operational costs. Lessee shall also pay <br />to Lessor any state, county, city, or local taxes which may be applicable. If this Lease is <br />terminated prior to the end of any rent payment period, the unearned portion of any rent <br />payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee <br />Page 2 of 6 <br />526 <br />
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