The URL can be used to link to this page

Home My WebLink About0337 i . ~ . ~ : ! : ~ ~ z i it being understood that no alteration or change in the basic ' configuration of the improvement shall be made without the ~ approval of the LessorX, and the said net award shall be paid ~ out from ti.me to time to the Lessee as such restoration and re- ~ ; placement progresses upon the written request of the Lessee ' which shall be accompanied by the following: (1) A certificate of the architect or engine~r i in charge of the restoration, dated not more than 30 days prior ; to such request, setting forth the following: ; (i) That the sum then requested to be I ~ withdrawn either has been paid by Lessee and/or is justly due ~ ~ to contractors, subcontractors, materialmen, engineers, archi- tects~o~ other persons _(whose names and addresses shall be ~ stated), who have made or participated in the making of restor- ~ ations or replacements, and giving a brief description of such ~ ~ services and materials and the principal subdivisions or cate- ~ gories thereof and the several amounts so paid and/or due to ; each of said persons in respect thereof, and also stating that : no part of such cost, in any previous or then pending applica- ~ tion, has been or is being made the basis for the withdrawal of ~ any proceeds of any such~award; and ~ . ~ (ii) That, except for the amounts, if any, ~ stated in said certificate pursuant to 11.1(b)(1)(i) to be due for ~ services or materials, there is no outstanding indebtec7ness ' ~ known, after due inquiry, to said architect or engineer, for the ~ purchase price or construction of such repairs, restorations or _ replacements, or for labor, wages, materials or supplies in con- nection with the making-thereof, which, if unpaid, mi~ht become the basis of a vendors', mechanics', laborers', materialmen's, ~ ~ gtatutory or other si.milar lien upon said repairs, restorations, , ~ replacements, the demised premises or ar~y part thereof. ~ , (2) An aff3~dlvit sworn to by Lessee stating ~ ~ ' 1 and 11 = rt constitutin the work de- ~ that all materia s a p ~pe y g ~ ~ ( scribed in the aforesaid certificat~ of the architect or ~ engineer, and every part thereof, are €ree and clear of all ~ mortgages, liens, charges or encumbrances, except encumbrances, ~ ~ if any, securing indebteclness due to persons (whose names, ~ ~ E addresses and the several anounts due them shall be stated) spec- { ~ ified in said certificate purauant to l~.l (b) (1) (i) above,' _ which encumbrances will be discharged upon payment aE such in- ~ debtedness, and also stating that there is no default in the ~ ' payment of the rent, any item of additional rent or other charge I- : payable by Lessee hereunder. 5 , - ~ - (3) An official search or other evidence ~ satisfactory to Lessor showing that thee has not been filed = . with respect to the demised premises any mechanics' or other ~ ~ lien which has not been discharged of record, except such as ~ ; will be discharged upon payment of the am~unt then requested. , _ I j ~ ~ Upon compliance with the foregoing pro- ~ - ~ visions, Lessor shall, out of the proceeds of such net award, ~ on request of Lessee, pay or cause to be paid to the persons n~aed in the certi f icate , pursuant to 11.1(b )(1) ( i) the respective amounts stated in ~sid certificate to be due to them, _ ~ and/ar shall pay or cause to be paid to Lessee the amount stated ~ in said certificate to have been paid by Lesse~ provided, however ? ACLER 8 GRANDOFF that such payments ahall not ~xceed in amount the fair value as ~ ~.,-c?>:ErS AT LAM. P.A stated in said certificate of the relevant work. ; ~ P o eox ~eu ' f 2~{SNORE OARD[N! f ~ SHOPPIN6 C~NTEII . ` ~ ~ ~a~DENTON, iLORIDA . 13 ~ i 3~lOS ~ ~ tflEPHONE •1~-753•267• ~ - _ - ~ F - ~ - ~ :