HomeMy WebLinkAbout2965 tect or contained an a contract with Leseor to perrorm euah
work, prior to the work being perPormed.
(4) From and after the date oP veating ot title in
such proceedir~g, a~ust proportion of the rent, according
- • to the nature and extent of such taking, ahall abate the re-
mainder oP the teraa of thia Lease.
(S) If after making the payments provided for in Para-
graph 15 a(2) there remains any bala~ce in.Lesaor'a hande,
it shall be retained by Lessor as its property.
(6 ) A Taking of Less than Fee Simple Title. If all or
ar~y of the em se re ses s a e en y exercise of
the right of eminent domain for governmental occupancy for
a limited period, this Lease shall not terminate and the Lea-
see shall continue to perform and observe all oP its cove-
nants as though such taking had not occurred. In the event
~ of such a taking the Leasee ahall be entitled to receive the
entire amount of any award made for such taking (whether paid
by way of damage, rent or otherwise), unlesa ~he period oP
governmental occupancy extenda beyond the term oP this Lease,
in which case the a~•ard to the extent that it represents
rent shall be apportioned between the Lessor and Lessee as of
~ the date oF the end oP the term of this Lease. The Lessee
covenants that at the termination of any such governmental
occupancy, it will, at its cost and expense, restore the im-
provements on the Demised Premises in as good condition as
when new, but the Lessee shall not be required to do a~ch
restoration work iP on or prior to the date of such ter-
mination of governmental occupancy the term of thia Lease
shall be ended. .
(7) Proration. In the event of the termination of
this Lease-~~ilTor as to any portion of the Demised
Premises as a result of a total or partial-taking by an
eminent domain proceeding, the Lessee shall pay to the
Lessor all rent and all other charges payable by Lesaee
with respect to the Demised Premises or part thereof so
taken Justly apportioned to the date of taking.
b. As to the Lessee's Premises. If, duri_ng the term oP
this Lease re s a e a a ng of all or a portion of the
landa described in the Declaration of Condominium of COIANNADES
_ CONDOMINIUMS N0. 4 the following shall apply:
~ . (1) Certain Takings Not Included. Neither a taking
of less than ee s mp e e nor a a ng of ten (10~)
percent or less oP the apartment unita contained upon said
lands im~nediately prior to the time oP taking shall be con-
strued or considered as a taking. For the purpoae of this
paragraph, a taking of an apartment unit shall have occurs*ed
where at least sixty (60~K) percent of the floor space there-
oP has been taken.
(2) Total T~ak~in~ . IP such taking shall involve the
taking of aIT o3~~Fie "~partment units contained upon said
lands immediately prior to the time of taking, this Lease
shall terminate, effective as of the date of taking.
(3) Partial Taking. IP the taking~be greater than
described n aragrap 5 b. (1) and less than the taking
described in Paragraph 15 b. (2), above, the rent provided
. in Paragraph 4 shall be reduced ePfective as of the date ~t'
taking, by a percentage figure equal to the percentage
interest in the common elements and in the comroon surplue
' attributable to the condominium units taken, provided, however,
that all other provisiona of thia Lease shall rems?in in
!'ull force and effect.
_ 12_ a~~K 1y5 ~~E ~y63
LAW 0/FIGtS OR GOLOfrT[IN, FRANKLIN. GMOKIN ~ SCHRANK, P. A., 2020 NORTNEAST 16~R0 iTRELT, NORTH MIAMI S[ACH. FLORIOA »162
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