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HomeMy WebLinkAbout0338 ~ . ' I ~ ~ ~ ~ ; ' ! ~ i ~ If payment of the net award as aforesaid ~ t ~ shall not be received by Lessor in time to permit payments as the work of restoration and replacement-proqresses, the Lessee ~ ~ shall, nevertheless, perform and fully pay for such work without ; delay (except~for unavoidable delays over which the Lessee has ~ no control) and payment of the amount to which Lessee may be en- ~ titled shall thereafter be made by Lessor out of said net award ~ as and when payment of such net award is received by Lessor. If ~ the funds to be applied by Lessor shall be insufficient to pay ~ the entire cost of such restoration, the Lessee agrees to pay anx deficiency and to deposit the amount of such deficiency, as ~stimated by the architect or engineer who shall first make the certificate called for in 12.1(b) (1) (i) above, with Lessor, ~ prior to any work being contracted for or performed. ~ From a~d after the date of vesting of title in such proceeding, a just proportion of the rent, sccord- ing to the nature and extent of such taking, shall abate for the remainder of the term of.this lease. i If, after making the payments provided for ~ in 11.1(b) (3), there remains any baYance in Lessor's hands, ~ it shall be retained by Lessor as ita property. { ~ (c) A Takin of Less Than Fee Sim le Title. ~ ~ If all or any of the dem~ed premxses s a e a en y exercise of the right of eminent domain f^x qovernmental occupancy for a ~ limited period, this lease shall not terminate and the Lessee ~ ; shall continue to perform and observe all of its covenants as r though such taking had not occurred except only to the extent that it may be prevented from so doing by reason of such taking. ~ In the event of such a taking, the Lessee shall be entitled to ~ receive the entire amount of any award made for such~taking ~ (whether paid-by way of damagee, ren~ or otherwise), reduced to ~ f the percentage thereof that the Lessee is then obliqated to 3 j pay for repairs and maintenance under ~he provisions of ~ ~3 ; unless the period of governmental occupancy extends beyond the ~ ; terms of this lease, in vahich case ~he award to the~extent that ~ I it represents rent shall be~apportioned between the Lessor and ~ ~ ~ Lessee, xeduced as aforesaid, as of the date of the end of the ' ' ~ I term_of this lease. The Lessee covenants ~hat~at the termination~ ; ~ of any suc~ goverhmental occupancy, it will, at its cost and ; expense, restore the improvements on the demised premises ir~ as I ~ i good condition as when new but the Lessee shall not be required ~ ~ ~ to do such restoration work~if on or prior to the date of such ~ termination of governmental occupanCy, the term of this lease x shall have enddi. ~ - : . _ ; (d) Proration. In the event of the termina- tion of this lesse in u or ae to any portion of the demised = ( premises as a result of a total or partial taking by proceeding-, ~ , the Lessee shall.pay to the Lessor all rent and all other charges r ~ ~ payable lay the Lessee with respect to the demised premises or ~ p~rt thereof so taken justly apportioned to the date of taking. : ~ ~ j` 2. As to the Lessee's Premises. If, during the term ~ ~ of this Lease ere s a e a ng o all or a portion of the lands described in~the Declaration of Condominium as set forth : in the Declaration ot Condominium recorded in O. R. Book 182 ~ ~ pages 40 - 97 inclusive, of the Public Records of St. Lucie ~ County, Florida, the followinq shall apply: ~ ~ AD~ER Q GRANOOfR ~ ~ ~rror+~Ers wr uw. v.w.~ ~ ~ P o so: s~u 1 ~ - 14 - B~YSHO~IE GAIID[Ni ~ j I { 9HOPPIN6 C[NTfR i € Ova.DENTON. iL0111DA ~ - ~ f aasos ~ T[tEAHON[ tIL76S4f7• " ~1~ ~ tC~ ~ 1 I . ' ~ ~ _ ~y . . - . . . . ~k,-~, r - r.'.~ .~~y~~ i . x . .