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HomeMy WebLinkAbout1848 ~ . of the power of eminent domain,. herein called "proceeding", this lease and all riqht, title and interest of the Lessee hereun~ier shall cease and come to an end on the date of the vestinq of title pursuant to such proceedinq and the Lessor shall be entitled to . and shall receive the total award made in such proceedinq and the Lessee hereby absolutely assiqns such award to the Lessor. - 14.2. -Partial Taking. If.durinq the term of this lease less than the entire Recreation Center shall be taken in any such proceedinq, this lease shall terminate as to the part so taken and the Lessor shall be entitled to and shall receive the total award made in any such proceeding and the Lessee hereby assigns such award to Lessor. The Association, in such case covenants and agrees that at its sole cost and expense (subject to reimbursement hereinafter provided) to restore, repair and replace those portions of the huildings not so taken to complete architectural units and replace buildinqs totally taken for the use and occupancy of the lessees of the Recreation Center. The Lessor agrees in connection with such restoration to apply or cause to be_applied the net amount of any award ! or damage to the building or buildings on fihe premises that may be i i received by it in any such proceeding toward the cust of such restora- ! _ E ~ tion and replacement, but the amount so applied shall not, however, ~ • ~ include the cost of any alteration, construction, change or improve- ~ 1 ~ ment that the Association may desire to make that is not necessary ~ to restore that portion of the buildings not so taken to a complete architectural unit or replace buildings totally taken of substan- ~ tially the same usefuiness, design and construction as immediately ~ ~ before such taking,- it being understood that no alteration or change ~ in the basic confiquration of the improvement shall be made without ~ the approval of the Lessor. The said net award shall be paid out from ~ ~ time to titne to the Association as such restoration and replacement ~ progreases upon the written request of the Association which shall ~ ~ be accvmpanied by the following: ~ ~ -14- ~ ~ . , M , , ii . . ~ ~ _ . ; - - .,c - . fiy - ~ . _ ~ ~~~t~+w~~