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HomeMy WebLinkAbout0343 ~I i' ' ~ . , ~ ~ ~ • I ~ ~ ~ t ' ~ ~ . ~ . ~ any of its rights, privileges and remedies, and as provided in The Declaration of Condominium of Windmill Village By the Sea as set forth herein, which provisions may not be revoked or - ataended without the conaent of the Lessor, the Lessee shall, _ at.all ~imes, be the irrevocable agent-in-fact for each con- ~ i dominium unit and for each owner of a mortgage or other lien ~ upon a condominium unit and for each owner of any other interest ; in a condominium unit or the condominium property, except the ~ ~ Lessee shall not at any time be the agent-in-fact for the Lessor. ~ With regard to the performance of such promiees and covenants ~ and the exercise of such rights, remedies and privileges, ~ i the Lessee shall be deemed to be acting for itself and as agent- ~ ~ in-fact for each and every of the above described paoties. ~ ~ - . , ~ ~ If the intended construction of the Lessee's interest ; as a common element of the condominium, as aforesaid, be in- . ~ correct, and the same in fact not be a common element of the ~ ~ condominium, the same shall in no way affect the validity or ~ existende of this lease and the Lessee's covenants. ~ ' ~ . ~ ; i7. LESSES'S COVENANTS TO TIi~ LESSOR. None of the Lessee's ~ covenants an prom ses, inc u nq y way of illustration and not ~ i _ limitation, its covenants to repair and maintain under 7.4 and ; - its covenants to reconstruct and repair under 15, shall in any # way be reduced, abated, suspended, or limited by reason of the ~ fact that there are or may be other lessee~ as to the demised ~ ~ ~ premises or that such other lessees hav~ made su+nilar or ident- ical promises and covenants to the Lessor. Rather, the Lessee, ~ by~itself, shall be responsible for the full performance of each and every promioe and Eovenant on the part of the Lessee herein made. No failure on the par~ of any other Lessee to perform a~ilar or identi~al covenants or promises contained - in its lease wi~h the Lessor or failure on the part of the Lessor to enforce the same shall opprate~as a waiver, extension or in- ; dulgence to this Lessee. , j - ; r la. COVENANTS BETWEEN LESSE$S. This Lessee and each and ~ ; E every present an uture o er essee of the demised premises ~ ; covenants_and agrees with each other that each of them shall ~ ; bear the burden of the perfonaance of such of their covenants ~ ~ to the Lessor as may b~ identical amonst them (except of the ~ ~ ~ covenants to pay rent, taxes, and insurance gremiums) and the i cost and expense of all programs and activities carried on at ~ the demised premises in the proportion which their respective lia?bilities to pay taxes and insurance premiwns to the Lessor i under 7.7 bear to each other. Subject to the rights of the • + Developer, as set fo~ in 5, no program or activity upon the- ~ demised premises shall be continued over the objection of ~ leasees-bearing 55 per cent or more of the cost and expense ; ~ thereof. This Lessee and each and every present and future ~ ~ other lessee recognizes that the full and most beneficial use ; of the demised premises, because of the nature of the land ' and/or the improvempnts, appurtenances, furnishings and equip- ~ if inent~thereof, requires consolidated and coordinated administratio . ; I They do therefore covenant and agree with each other that the i ` ~ proqram conducted upon the demised premises and personnel in- ( volved therewith shall be subject to administration and direction , by a common managing agent. This I~e~see and every present and ' future other lessee agree that such managing agent shall be ; I Windmill Village By The Sea, Inc., a Florida corporation, as ~ , set forth and provided in that certain agreemen~ by and between ADLEtt 8 GRAHOOFF) Windmill Village By the Sea, Inc. and Windmill Village By the ~ wTTpRNEVB AT LAM. r.A~ Sea Association, Inc. dated -the 28th day - of December, .1969 and ; ~ o,,x.312 recorded in Official ~tecords Book 182 paqe 85 - 91, inclusive { j BAVSHOw~ 6AI~0[Nf of the public recorda of St. Lucie County, Florida. The cove- ~ SMOP?IN6 CtNT[I~ nants contained in this section shall be construed as covenants ! : Ba~aENTON.fLORIDA ~ ~ 3~SOS ( TFIE?HON[ ~~/~7934574 ~ ~ . ~ ~ ~ ~t~ M~E I ~ ~ S _ ~ _ _