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HomeMy WebLinkAbout1720 • • ~ F bility ~r dar!:ages on such account. ' 9. Aasociation and Management Agreemei:t. The Lessee, in its capPaitv as`~'cr, om n um ssoc a cn, as en ered into a ManagemAnt : Agreeme~it with RECAP MANAGEN~NT CORF(~~tATION as Manager. The N+[~:lager ' has the duty and responsibility to pc~rform all admin3strative a~1d man- ~ ageri.al acts required to be peri'ormed by the I,essee under this T~on-F,~c- clusive Ntnet;~-Nine Year Lease Agreeraent. ; Due to the size and extent and ti~e coR,plexities involved in ad- ` n:inistering the COLONNADES CONDOMINIUNf COMPLEX, it is mutuall,y a~reed i that in t~e event aforeaaid Manage;aent Agreement is tsrminated, ~he } Lessee shall cause to be formed a Managemer~ Association consisting of ~ the members oP al.l the Condominium Associ~tiions at ~olonnades Conc~omi- ~ ium Con~p1E~ . The owner of each condominium unit, as evidenced by the racordation of a deen thereto, sha~l automaticElly becor~ a member of the M.anage- ~ ment Assoc;ation; in-~he event tha1: the aPoresai~ I~lanagement Agreement is terminated in ar~y manner. r.ach condominium unit shall b~ entitled to cast one (1) vote in matter upon which a vo~e is reS_iired. The affirmative vote of a ma~ority of the members consti~t~ting a quorun. shall be necessary to c~nduct the bus~ness of.the Man~.game:~t Aasociation. It is recognized that the sole purpose oi the ManagemenL Associati~~n ehall be to perform the terms and prov~sions of t-his Non-Exclusiv~ Ninety-Nine Year Lease in lieu of the Manager and thai; the Lessee shall continue to be entitled to possessory and use i:~te~ es ~ herein and mal~:e $11 payments required by this Agreement and be bou:ld by its terms and ~ prov~sions. 10. Repairs atld Mr{intenance. Lessee shall at all tin~s during the terms o s ase s a~3~s'own expense, m~ake all ne cA as ax•y re- pa1rQ and rEplacements to the Demise~ Premises and maintain the , same in good ~ondition. Tt~i~ covenant shall include the obligation up~n the part of the Lessee to replace or 'reneh• wnen necess~..~y any item of f'urniture, Pixtur~es, .~achinery a:id Pou~pment and all such replacements and renewals shall be at least equal in qua~itg and class to the original equipment, f'urnishings, machinery or i'ixtures. Ai?~ conditianing, pool and other such e~uipmer_t and macY:inery shall 3 be regularly serviced and maintained u:~dcr appropriate service con- ' tracts. Lessee shall keap and maintain all ~,ortions of the Dem~sed Premi sA~ ir~ clean and orderly condition, free of accumulation of dirt ~nd ri:bbish and pest infestation. R11 buildings, atructures and imp~ovem~nts, furniture, furnishings, fl:ctures, macninerg and equipmen~ now or hereaPter replaced or bought, or interxied for use upon the Demised Premises shall be a part thereof and the;ery the pro~.~erty of the Lessor, without payment therefor by the L~:s~or, and ~ shall be suri=endered to the Lessor upon the expiration or exrlier termination of this Lease without cc3t or charge to the Iessor. 11. Mechanics~ Liens. All persons are hereb~ placed on notice that the Lessee s a never, under any cir•c~,xmstances, have the power to sub~ect the iriterest of the Lessor in ths Demised Premises to at~pr ~ mechanic°' or mater3almen's lien or liens of any kind, in the absence of a spFcific provision to the contra~y hei~ein contair,ed ~utchorizing in spec3fic terms the creation of such lien or ltens. All persons who may hereafter, during the term of this Lease, furnisY: work, ]a- bor, services or matArial to the premises upon *hp request or order oi' the Lessee, or an~ person claimii~g ur~er, by or through the Les- see, shall and must look only to the interest ot' the Lessee in con- nection with payment therPfor, a.~d not to ~he interest of the Lessor. If any mechai~ica' liens a~ e f~l::d ar asserted a~ inst t:~e Lessor's interp~t in the Demised Premises, the I.~s:~~e sr:all, wi*.hin thirty (30) thirty days after the c'.al:e upon whirh notice thArepf shall come to lts attent~on, cause such lien to b~: reicased from the ~.essor's ~o~1y~ ~i~i~ LAW OFFICES t'F GO:-CSTEIN. : RANKI ~N. CMON1~1 Q SCHRANK, P. A, 2J20 NOR7HEAST 163n, STttCET. NOkfH 'AIA!.11 t£ACH. FLOpIDA 331r2 ~ ~~.a_~_ ~'sa'~v ' - ~ v~_ - - - x;' ~ _v.~>,~~~