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HomeMy WebLinkAbout1905 ~ . , • , t , ~ ; r ; E 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. ~ ~ ~ _ ~ , -r ~ (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: ~ ,R j - ~ ::~~„-,t.. ~ - - M~::-- :