HomeMy WebLinkAbout1810 Lessee hereby assi~ns such award to Lessor, but the I.cssee
~ in such case covenants and a~rees that at Lessee~s ~ole
~ cost and expense (sub~ect to reimbursement as hereinarter
provided) promptly to res~ore, repair and replace those
portions of the buildings on the Demised Premise~ :~o ~
':a?_cr: to complete architectural units and replace build- '
ings totally taken for the use and occupancy of the Lessee
as in this Lease express~d. The Lessor a.grees in connec-
tion with such restoration to apply or cause to.be applied
the net amount of any award for damage to the buildin~ or
buildir~s on the Demised Premises that may be received by
it in any such proceeding toward the cost of such restor-
ation and replacement (but the amount so applied shall no t
include the cost of any alteration, construction, char~e
or improvement the Lessee r~ay desire to make that its not
necessary to restore that portion of the buildings rvot so
taken to a complete architectural unit or to replace build-
ings totally taken to substantially the same usefulness,
design, arrl construction as immediately before such taking,
it being understood that no alteration or change in the .
basic cbnfiguration of the improvement shall be made k*ith-
~ ~ out tr.e approval of the Lessor), and the said net aw~d
shall be paid out from time to time to the Lessee as such
restoration and.replacement progresses upon tre written
eertificate of the Lessee or of the contractor who ha.s con-
~ tracted for the performance of such restoration and repla.ce-
ment, all in the same manner, and sub~ect ta the same pro-
visions, as set forth for disbursal of funds for reconstruc-
tion and repair in paragraph 13 d. (1) hereof.
_ (3) If payment of~the net award as aforesaid shall
not be received by Lessor in time to permit payments as .
the work of restoration and replacement progresses, the Les-
see shall, nevertheless, perf'orm and fully pay for such
work without delay (except for unavoidable delays over which
the Lessee has no control) and payment of the a~munt to
which Lessee.may be entitled shall thereafter be made by Les- ,
sor out of said net award as and when payment of such net
~ award is received by Lessor. If
the fur.ds to be applied by
Lessor be insufficient to pay the entire cost of such restor-
f - ation, the Lessee agrees to pay any deficiency and to depos-
; .it the amount of such deficiency,-as estimated by the archi-
E tect or contained in a contract with Lessor to perform such
~ - work, prior to the work being performed.
(4 ) From and after the date of vesting of t~ ~le in
such proceeding, a~ust proportion of the rent, according
to the nature and extent of such taking, shall abate the re-
mainder oF the term of this Lease.
(S) If after ma.king the paymen~s provided for in Para-
graph 15 a.~(2) there remains any balance in Lessoris-hands,
it shall be retained by Lessor as its property. .
(6 ) r lald.ng o~' Less than Fee Simple Title . if all or -
any of ~he em se rem ses s a e a en y exercise of
the right of_eminent domain for governmental oecupancy for
a limited period, this Lease shall not terminate and the Les-
. see shall continue to perform. and observe all of its cove-
~ ~ nants as thoug,h such taking had not occurred. In tine event
of such a taking the Lessee shall be e:~tit?ed to receive the
ent~ire amount of any award ~.ade for such takirb (whe ther paid
oy way of
damage, rent or otr.e:H~fse), unless the period af ~
~;overnmental occupancy extends beyond the term of ~his I,ease,
in r~hich case the award to the ~xter.t that it represent.s
rent shall be apportioned betvreen the Lesso~ and L-essee as of ~
the date of the end of the terr.: of this Lease. ~::e Lessee
covenants that at the ter;nir~ticn of any such govern:r~ental
occupancy, it will, at its cost ard exper.se, re~tore the im-
provements on the ,~emised Prer:~ises in as good condition as
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U?W OFEIGEi Or GOIDiTEIN, FRANKLIN, GHONIN a SCHRANK. P. A., 2020 NORTHEAST 163RO bTR[[T, NORTH MIAMI BEAGH. FLORIDA 33162
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