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10.7 Recreation Area. The terms of the Ninety-Nine Year i
Lease shal govern e istribution of proceeds of insurance
on or attributable to such area, pravided, however, that no
distribution of proceeds shall be made to the Lessor unless ;
it shall have been determined pursuant to the terms and
provisions of the said Ni.nety-Nine Year Lease not to reconstruct
or repair damage to the property demised thereunder.
11. Reconstruction or repair after casualty.
11.1 Determinatiori to reconstruct or re air. If any part of ~
the Condominium property sT-ial e amage y casualty, whether or
not it shall be reconstructed or repaired shall be determined in
the following manner:
(a) Common element. If the damaged improvement
is a common element, t e damaged property shall be recon-
structed or repaired, unless it is determined in the
manner elsewhere provided that the Condominium shall be
terminated.
(b) (1) Lesser damage. If the damaged
improvement is e apartment building, and
if apartments to which fifty percent (50$)
of the common elements are appurtenant are
found by the Board of Directors of the
Association to be tenantable, the damaged
property shall be reconstructed or repaired, ~
unless within sixty (60) days after the ~
casualty, it is determined by agreement in ~
the manner ~lsewhere provided that the Con- -
dominium shall be terminated.
(2) M~a
o~r damage. If the damaged im-
provement is
tF-e apartment building, and if -
. apartments to which more than fif ty (50$)
percent of the common elements are appurtenant
, are found by the Board of Directors to be not
tenantable, then the damaged property will
not be reconstructed or repaired, and the Con-
~ dominium will be terminated without agreement
~ as elsewhere provided, unless within sixty
r (60) days after the casualty, the owners of
~ eighty percent (80$) of the common elements
agree in writing to such reconstruction or
~ repair.
~
~ (c) Certificate. The Insurance Trustee may rely upon
a certificate o t e Association made by its President and
attested by its Secretary as to ;ahether or not the damaged :
property is to be rPCOnstructed or repaired.
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11.2 Plans and s ecificatiens. Any reconstruction or repair ~
must be su stantially in accordance with the plans and specifications -
~or the original building, or, in lieu thereof, according to plans
~ and specifications approved hy the Board of Directors of the Associa-
tion, and if the damaged property is in the apartment building, by
~ the owners of not less than eight percent (80$) of the common elements,
~ including the owners of all damaged apartments, together with the
approval of the institutional mortgagees holding first mort-
~ gages upon all damaged aparicments, which approval shall not be
unreasonably withheld. ~
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~ 11.3 ResponsibilitY. If the damage is only to those 4
~ parts of one apartment or which the responsibility of main-
tenance and repair is that of ~he apartment owner, then the
~ said awner shall be responsible for reconstruction and rzpair
after casualty. In all other instances the responsibility
~ of reconstruction and repair after casualty shall be that of
~ the Association.
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- ° R 187 ~ 778
BUCr. C .
LAW OFFICES OF GOLDSTEIN. FRANKLIN. CHONIN 3 SCHRANK. P. A.. 2020 NCRTMEAST 163no STREET. NORTN MIAMI BEACH. FLORIOA 33/62
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