This Assignment made and entered into this __ day of _____ 2014 in the State of Florida, by and between: The City of Florida, herein referred to as “LESSEE”, acting on behalf of the ABC Design Group, and the Deparment of Transportation in the State of Florida, herein referred to as the “Department”, which is an agency of the State of Florida, herein referred to as the “State”.
WHEREAS, the City of Florida has represented ABC design group since it is the proper party to enter the Agreement since the premises that will be used in building the bridge is owned by the City of Florida;
WHEREAS, the design group is tasked to build a pedestrian bridge in the City of Florida, in the premises which is owned by the City located at ____________ City of Florida;
WHEREAS, the design group is represented by the City of Florida to enter the Agreement with the Department of Transportation because it is the City of Florida that owns the property; and the design group is only the accredited construction company that will build the pedestrian bridge;
WHEREAS, the City of Florida is the proper party to enter the Air Space Agreement with the Department and not the design group since the design group does not own the property where the pedestrian bridge with be constructed;
WHEREAS, the design group will be the one to propose the architectural design and provide the labor and materials for the construction of the pedestrian bridge;
WHEREAS, the City of Florida and the Department of Transportation have mutually agreed that the City of Florida represents the design group to enter the Agreement;
WHEREAS, the Department desires to lease to Lessee the airspace above or below the gradeline of the property herein described for the purpose of creating a pedestrian bridge.
NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows:
The premises hereto are in the City of Florida, where the pedestrian bridge.
The Department does hereby lease unto Lessee the airspace above or below gradeline of the property for a period of ten (10) years, which will commence on the date of this Agreement. One renewal of this Agreement may be made for the purpose of creating a pedestrian bridge.
a.) Lessee shall pay to the Department as rent each year on or before the first day of each rent payment period, or on January 15, and the applicable sales tax. After the termination of this Agreement, all unearned rents and sales tax will entitle the Lessee to a refund. No such refund will be allowed if the termination shall be due to a violation of the terms and conditions of the Agreement made by the Lessee.
IN WITNESS WHEREOF, the parties have hereunto affixed their respective signatures on the date and at the place above mentioned.
LESSEE STATE OF FLORIDA DEPART OF