HomeMy WebLinkAbout1905 ~
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Lessee hercby a~si~n~ _such award ~o Lc~~or, t,ut tY~e_ ?,~~~ee
in such case covcnant~ and a~rees that at Ir~~ec~s ~c~.e
cost and expense (sub~ect to reimtur~eTM:ent as ncr~ina:ter
~ provided ) pror~ptly L-o re~tore, re?~air and replace tino~e
portions o~ the buildin~s on the Demi.sed Premise3 :~o';
`~:,ct: to complete architectural units and replace 2iuild- .
ir~;s totally talcen Por the use and occupancy .of the Le3see
~ as in this Leas~ express~d. The I~ssor a~rees 3.r, conaec-
tion with such res~orazibn to apply or c~use.to be ap~lied
the not amoun~ of any atiyard for dama~e to the buiid•~.n~ or
' buildir~;s on the ~emised Premises that m.~y be receivcd ~y
i~ in at~y such proceedin~ toward the cost of such restcr-
ation and replacement (but ~he arrbunt so applied shall r.ot
include ~he cost of any alteration, construction, char4;e
- ~ or improvement the Lessee r~ay desire to make ~hat its not
necessary to restore L•hat porL-ion of the buil~in~s no ~ so
taken Lo a complete archi~ectu.al unit or to renlace ouiln-
ings totally taken to substantially the same usef'ulness,
design, arxi construction as immediately before such ta'~ci.ng,
. it being understood that no alteration or chan~e in tr.e
basic configuration of the improver.ient shall be made with-
out the approval of the Lessor), and the said net award
sYiall be paid out~ from time ~o time to the Lessee as such
restoration and replacement p~ogresses upon the written
certificate oF thQ Lessee or of the contractor who has con-
~ tracted for the performance of such restoration and revlace- ~
ment, all in the same manner, and sub~ect. to the sar~e pro-
, visions, as set forth fcr disbursal of f'unds for reconst:uc-
• tion and repair in paragraph 13 d. (1) hereof.
~ (3) If payment oF~the net award as aforesaid sh~ll
not be received by Lessor in time to permit nayrr.~nts ~s
the work oP restoration and replacement progresses, the Les-
see shall, nevertheless, perform and fully pay for sucin
work without delay (except for unavoidable delays cver which
the Lessee has no control) and payment of the a.-rour.t to
which Lessee may be entitled shall thereafter be made by Les-
sor out of said net ataard as and when payr.~ent of such net
awa~d is received by Lessor. Ii'' tne fur~cis to be applied by _
Lessor be insufficieMt to pay the entire cost of such rzstor-
; ation, the Lessee agrees to p~y at~,y deficiency a:id to depos- ~
; it the amount of such deficier.cy, as estimated by ~he archi-
~ tect or contained in a contract with I~essor to perform such
~ work, prior to the work being performed. _
~ . (4 ) From and after the date of vesting of t:a.tle i; ~
_ . suc h procee d ing, a~us t propor t ion o f t he ren t, acco r
d ing
- to the nature and extent oF such taking, shall abate ~he re=
mainder of the term oP this Lease.
(S) If after makir~ tne payments~ provided for in Para-
graph 15 a. (2) there remains any balance in ~,essor~s hands,
' it shall be retained by Lessor as its property.
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(6 ) la'~dr~ o: Izss than Fee S~:::ple si ~~e . ail. or t
~ny of ~he e:n sea remises s a oe G.cen oy e~ercise cf
tne r~~nt of eminent domain for oovernmental occu~ancy for
~ a limi~ed perioct, this Lease shall r.ot ter~r.ina~e ar~ t~:e Les- ~
~ see shall continue to perform. and ooserve ail o: i~s cove- ~
~ ~ :ants as thou ` ~ ' • -
~ ~h such ~2ki~ had not occurred. n tr.e even~ .
o~' sach a talcing the Lessee shall be e:~titied ~o ~ eceive the ~
~ ' enti: e ar.nunt oP any award r:.ade ~ or sucn ~a~cir.~ <<~lhe ~':~z: ~ain
oy way of dama~e, rent or o~ :erz~*~se ur.'! ess ~he pe ~iod oi ~
~ ~overn.~ental occupancy extends be~or.d ~'r.e ~er.:: o~ ~'r.is 7,easz,
~n tir'~:.cn case ~:e arrard to the exter.t i~ . re~: zszn~s
rent shzll oe apportioned 'az ~~raen tr~e ~esscr and Lessae as of
the date o~ ~he end of the t2r.: cf th~s L~ase. ~:ze i,essee
covenants that at the ter.:.`..r~t~cn o~ any sucn ~ove:m.~~e,
~al
occupancy, it will, at i ~s cost arui e:cper~se, re~to: e tr.e im-
provements on the ~era~sed ~rer:~.ses in as good co:~it~on as
- aooK 188 ~~1902
LAW OF/ICEi 9F GOLDtTE?N, FRANKLt1~1, CHONIN ~ fiCHRANK. RA.. 2020 NORTHEAST 163RD bTREET. NORTH MIA1.ti :~~AGM. F~.qRtD~ 3~;G:
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