HomeMy WebLinkAbout1525 !
tect or contained in a contraat ~rith Lesaor to psrform auah
•rork, prior to the ~?ork being perfornAad.
~ (4) From and after the date oP vsating of title i~ ~
auah prc~ceeding, s~uat proportion o! the rent, accordir?g ;
to :ha nxture and eatent of auch taking, shall abate the re-
mainder of the tdrm o~' th~a Isaae.
(5) If after mnk~ng the payeenta provided for in Para-
graph 15 a(2)~ there remnlna any balance in Leaeor's handa,
it shall be retained by Leasor aa its property.
' (S ~ A Taking of Leaa tha~n_Fee Simple Title. IP all or
any of tha e se re aea a a e en y eaercise ~f
the right of eminent doa~ain for governmental occupancy Por
a limited period, thie Lsase shall not terminate and the Les-
aee sha].1 continue to perPorm and observe a21 of its cove-
nanta as though auch taking had n~+t occurred. In the event
or such a taldrsg the Leasee ahall be entitled to receive tl~
entire amount of any aMard mada for such taking (Mhether paid
bq way of daiaage, rent or otherriise) s unlesa the period of
governmental occupancy eatende beyorxi the term af- thia Lease,
in Mhich case the aNard~to the extent that it representa
rent shall be apportionec~ betr~een the Lessor arnl Leasee *s of
the date oP the end of the term of this Lease. The Lesaee
covenants that at the termination of any g-•:h goverrunental
occupancy, it ~?ill, at its coat and eapen:se, reatore the im-
provements on the Demised Premisea in as good condition as
Mh~n nex, but the Lessee shall not be required to do such _
restoration work if on or prior to the nate of such ter-
~ination oP governmental occupancy the term of this Lease
shall be ended. _
(7) Proration. In the event of the termination oP
this Lease~n-3S1T-or as to.any gortion oP the Dem3sed
Premises aa a result~of a total or partial taking by an
eminent domain proceeding, the Lessee ahall pay to the
Lessor all rent and all other charges payable by Leasee
Nith respect to the Demised Premiaes or part thereof so
taken ~ustly apportioned to the date of taking.
i
; b. ns T.w A~~~' ~ Pr~~~ses . If, during the term of
f this Lease re s a e a g of all or a portion of the
lands described in the Declaration of CQndominium of COLONAiADES ~
CONDOMINIUMS N0. 3, the Polloxing shall appZy:
(1) Certain Takin~s Not Included. Neither a taking i
of les s than ~`ee s mp e e nor a a ng of ten (10~ )
percent or leas:of the apartment unita contained upon said
landa irmaediately prior to the time oP taking shall be con-
strued or consid ered as a taking. For the purpose of this
paragraph, a taking of an apartment unit shall have occurred
xhere at leaet sixty (60~) percent of the floor space thez~e-
of has been taken.
(2) Total Taki . If such taking shall involve the
taki~g of a o e apartment un~t~ contained upon said
lands innnediately prior to the time of taking, this Lease
shall terminate, e~!'fective as of the date of taking.
(3) Partial Taki . If the taking be greater than ~
described 3n aragrap 5 b. (1} and leas than the taking :
deacribed in Paragraph 15 b. (2), above, the rent provided ;
in Paragraph 4 sha11 be reduced effective as of the date of E
taking, by a percentage figure equal to the percentage
interQSt in the ~ommon elements and in the coauaon surplua
` attributable to the condominium units taken, provined, howeve:,
that all other provisions of this Lease shall remain in
2~.i11 f'orce and effect.
- ~2- et~c 1~ 1.~J`~ ?
LAW OFFICES OF GOlO5TE1N. FRANKLIN. CHONIN Q SCHRANK. P A. 2020 NORTHEAST 163ao STREET NORTN MIAM! BEAGH. FLORIDA 33162