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<br />575-060-33
<br />RIGHT OF WAY
<br />OGC - 08/09
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<br />Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof
<br />adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep
<br />the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty. Lessee also
<br />agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property located on the
<br />leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself
<br />and its insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire
<br />or other casualty shall have resulted in whole or in part from the negligence of the Lessor,
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<br />8, Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and
<br />tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of
<br />this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
<br />for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts
<br />or circumstances arising out of or in connection with this Lease.
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<br />Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages
<br />of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of
<br />occupancy of the leased property, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee
<br />as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and
<br />monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of
<br />occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain
<br />proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the
<br />date of taking or sale; or has been terminated prior thereto.
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<br />9. Miscellaneous.
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<br />a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder,
<br />and may be terminated by either party, without cause upon thirty ( ~) days prior written notice to the other party.
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<br />b. 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.
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<br />c, Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity
<br />to review this Lease with legal counsel of Lessee's choosing, Lessee has entered into this Lease freely and voluntarily,
<br />This Lease 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 the previous owner of the leased
<br />property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between
<br />Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its
<br />conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties,
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<br />d. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the prior consent in writing of the
<br />Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third
<br />party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an
<br />assignment or sublease.
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<br />e, 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.
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<br />f. This Lease shall be governed by the laws of the State of Florida, and any applicable laws of the United States
<br />of America.
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<br />g, All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to:
<br />City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33106, Attention: Mr. Rick Conner, City Manager
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