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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 />2488311 <br />Six <br />N/A <br />A1A & 856 <br />Miami -Dade <br />653 (Lot 3) <br />in a reasonable time period. However, no such refund shall be made where termination is <br />due to Lessee's violation of a term or condition of this Lease. <br />Each quarterly payment shall be accompanied by a sworn statement which shall state the <br />total amount of revenues for the period covered and the computation of Lessor's portion. In <br />addition, the Lessee shall provide the Lessor with a quarterly statement of the proceeds for <br />each preceding quarterly period, this annual statement to be signed by a Certified Public <br />Accountant. The Lessee shall pay such rent and submit all revenue reports required by this <br />arrangement to the address in Section 3 of the Lease Agreement. <br />The Lessee shall maintain a set of books, accounts and records covering the operations <br />that are subject to this Agreement. Said books, accounts and records shall be of the same <br />types, and kept for a period, as those customarily used in these types of operations in <br />accordance with accepted accounting practices and standards. Lessor shall be permitted <br />upon three -business days prior to written notice to Lessee to examine and audit, during <br />ordinary business hours, by or through its officers, employees or representatives of the <br />Lessor, such records and books of account. <br />e. Late fees, if any, may be classified as additional rent if not paid when demanded and <br />may be included in any Three -Day notice served on the Lessee pursuant to Section 83.20, <br />Florida Statutes. This provision shall not obligate the Department to accept late rent <br />payments or provide Lessee a grace period. Any checks for rent which are returned for <br />insufficient funds shall incur a late charge of 5% in addition to a minimum service fee of $15 <br />or 5% of the face amount of the check, whichever is greater. The bank service fee for <br />returned checks shall not exceed $150. Any such charges of fees may be classified as <br />additional rent and included in any Three -Day Notice served on the Lessee. This provision <br />shall not obligate the Department to accept late rent payments or provide a grace period. <br />4. Paragraph 4: Use, Occupancy, and Maintenance, Paragraphs 4.k., 4.1. and 4.m. are <br />hereby deleted in their entirety and replaced with the following: <br />k. Lessee shall not occupy, use, permit, or suffer the real property interest, the property, <br />the facility, or any part thereof to be occupied or used (i) for any illegal business use or <br />purpose, (ii) for the manufacture or storage of flammable, explosive, hazardous material, or <br />regulated substances of any kind, (iii) for any other hazardous activity, (iv) in such manner <br />as to constitute a nuisance or risk of any kind, nor (v) for any purpose or in any way in <br />violation of any present or future federal, state, or local laws, orders, directions, ordinances, <br />or regulations. Any structures, buildings, facilities, or appliances which utilize combustible <br />materials (including, but not limited to, wood, wood fiber, plastic, etc.) that may be fire <br />hazards are also prohibited. <br />Page 3 of 6 <br />527 <br />