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10.7 Recreation Area. The termd of the Ninety-Nine Year
Lease shall govern e atribution oP prooeeds oP ineurance
on or attributable to such area, provided, ho~ever, that rb
distribution of proceeda ahall be made to the Leseor unlesa
it shall have been deterp~ined purauant to the ternre ar~d
provisions oP the said Ninety-Nine Year Lease not to recor~ truct
or repair damage to the property demised thereunder.
11. Reconstruction or repair after casualty.
11.1 Determination to~reconstruct or re ir. IP ar~ part of
the Condomi um proper y s a e am~age y casualty, Nhet~r or _
not it shall be reconstructed or repaired shall be deterndned in
the follorring manner:
(a) Comnon element. If the damaged imp~ovenient
ia a com~n e emen , e damaged proper.ty shall be recon-
struated or repaired, unle~s it is determined in the
manner elsewhere provided that the Cotxlominiunn shall be
terminated.
.
(b) (1) Leaser d e. IP the damaged
improvemen a e apartment building,- and
if apartments to ~rhich PiPty percent (SOy~)
of the com~n elementa are appurtenant are
Pound by the Board oP Directors oP the -
Aasociation to be tenantable, the damaged
property shall be reconstructed or repaired,
unless Nithin aixty (60) d~ys after the
casualty, it is determined by agreement in
the manner eleewhere provided that the Con-
dominium shall be termir~ated. ~ -
(2 ) Ma~or dam e. If the damaged im-
provement s e apar ment building and if
apartment to Which m4re than fifty t50~) ~
~ percent of the com~non elementa are appurteriant
are found by the Board oP Directors to be not
tenantable, then the dan~aged property will
- not be reconatructed or repaired, and the Con-
dominium will be terminated xithout agreement
! as elsewhere provided, unless ~ithin siaty
~ (60) days after the casualty, the oNners of
eighty percent (80~) of the common elementa
; agree in writing to such reconstniction or
~ repair.
(c) Certificate. The Insurance Trustee may re~y upon
a certifica e o e Association made by its President and
attested by its Secretary as to whether or not the damaged
property ia to be reconstructed or repaired.
11.2 Plans and apecifications. Any reconstruction or
repair must e su an a n accordance with the plans and
specificatlons for the original building, or, in lieu thereoP,
~ aecording to plans and apecificationa approved by the Board oP
Directors of the Association, and if the dacr~aged property is in
~ the apartment building, by the oaners oP not lesa than eighty
~ allcdnan~C~a ~rtments~~togetherewith thelapprovaleof
thes of
~ institutional~mortgagees holding first m~rtgages upon all damaged
~ apartments, Nhich approval shall not be unreasonably withheld.
~
~ 11.3 Res onsibilit . If the daa~sge is only to those -
~ parta of one apar men or xhich the reaponsibility of main-
~ tenance and repair ia that oP the apartment o~rner, then the
said owner shall be responsible for reconatruction and repair
a~ax188 ~~185?
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