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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />ADDENDUM TO USE AND OCCUPANCY AGREEMENT
<br />Item/Segment No.
<br />2488311
<br />Managing District
<br />Six
<br />F.A.P. No.
<br />N/A
<br />State Road
<br />A1A & 856
<br />County
<br />Miami -Dade
<br />Parcel No.
<br />653 (Lot 3)
<br />I. Any activities in any way involving hazardous materials or substances of any kind
<br />whatsoever, either as those terms may be defined under any state or federal laws or
<br />regulations, or as those terms are understood in common usage, are specifically prohibited.
<br />The use of petroleum products, pollutants, and other hazardous materials affecting the
<br />property is prohibited. If Lessee becomes aware of the existence of any potentially
<br />hazardous materials, substances, or activities under the William Lehman Causeway Bridge
<br />(the "Bridge") structure, Lessee shall immediately notify Lessor. Lessee shall be held
<br />responsible, at Lessee's sole cost and expense, for any and all damages and personal
<br />injury resulting from hazardous materials, substances, or activities and for the performance
<br />of and payment for any repair, replacement, or other remediation that may be necessary,
<br />as determined by the Department. Similarly, if any contamination either spread to or was
<br />released onto adjoining property as a result of Lessee's use of the real property interest
<br />under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify,
<br />defend, and hold harmless the Department from any claim, loss, damage, cost, charge, or
<br />expense arising out of any such hazardous materials, substances, or activities referenced
<br />herein.
<br />m. Existing utilities and easements upon, under, over, or within the leased property shall
<br />remain in place. Lessee shall allow any utility owner to access and enter upon the leased
<br />property in order to perform maintenance on said utility. Lessee shall not disturb or interfere
<br />with said utilities or easements. If a utility owner which has a utility that is placed upon,
<br />under, over, or within the leased property determines, in its sole discretion, that the
<br />Lessee's use of the leased property to be interfering in any way with the convenient, safe,
<br />or continuous use, or the maintenance, improvement, extension, or expansion, of such
<br />utility, the Lessee shall, upon reasonable written notice to Lessee by the Department,
<br />initiate any work necessary to cease any activities interfering with the utility and/or remove
<br />any improvements or other personal property ("Obstructions") from the leased property at
<br />Lessee's sole cost and expense. The work must be completed within such reasonable time
<br />as stated in the notice or such time as agreed to separately by the utility owner and Lessee.
<br />Notwithstanding the foregoing, in the event of emergency maintenance by a utility owner,
<br />immediately upon notice to Lessee by the Department, the Lessee shall cease any
<br />activities interfering with the utility and/or remove any Obstructions from the leased property
<br />at Lessee's sole cost and expense. In the event Lessee fails to do so, the utility owner may
<br />enter the leased property and, with no obligation to repair or replace same, has the right to
<br />stop any activities interfering with the utility and/or remove or demolish any Obstructions on
<br />the leased property at the sole cost and expense of Lessee. Lessee shall hold harmless the
<br />Department from any claim, loss, damage, cost, charge, or expense arising out of actions
<br />by utility owners under this paragraph.
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