HomeMy WebLinkAbout0675 necessary to ~~~tore that portion oP the buildinga not so
taken to a coniplete architectural unit or to replace build= ~
inga totally taken to substant3ally the same uaefulness, f
design, and conatruction as imnedia~ely before auch taking, t
it being ur~deratood that no alteration or change in the
basic conf'iguration of the improvement ahall be mnde with-
out the approval of the Leasor), arxi the aaid net aMard
shall be paid out Prom time to time to the Leasee aa such
reatoration and replacement progresaea upon the written
certificate of the Lessee or of the contractor xho has con- ~
tracted for the performance of such reatoration sr~d replace- ,
ment, all in the same ~^?r.;
Ar, and aub~ect to the same pro-
vialons, aa set Porth for disbursal of Punda for reconstruc-
tion ar~d repair in paragraph 1'~ d. (1) hereof.
If paym~nt oP the net aNard as aforesaid ahall
not be received by Lessor in tlme to permit payments as
the work of restc~ration and replacement progrea8ea, the Les-
see ahall, nevertheleas, perform aryd fully pay for such
work Mithout delay (eacept for unavoidable del.~ys over rrhich
the Lessee has no control) and payment of the amount to
which Lessee may be entitled shall thereafter be made by Les-
sor out of said net axard as and when gnyment of such net
aNard is received by Lessor. If the funda to be spplied by
Lessor be insufficient to pay the entire coat of such rastor-
ation, the I,~saee agrees to paq ar~y deficiency and to depos-
it the amount of auch deficiency, as estimnted by the archi-
tect or contained in a contract Nith Leasor to perPorm auch
Nork, prior to the rrork being performed.
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(4 ) From and aPter the date of vesting of ~itle in
; such proceeding, a ~ust proportion of the rent, according
~ to the nature and eatent of such taking, shall abate the re-
~ m~inder of the term of thia Leaae.
~ (5) If after making the payments provided for in Para- ~
_ graph l~ a{2) there remains any balance in Lessor'a handa,
= i~ shall be retained by Lesso: as ita property.
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~ (61 A Taking of Lesa than Fee Simple Title. If all or `
~ any of the em s rem sea s a e a n y exerciae of
j the righ~ of eminent domain for governmental occupancy for
a limited period, this Lease shall nat terminate arri the Lea-
see shall continue to perform and observe all of ita cove-
` nants as though such taking had not occurred. In the event
= of such a taking the Lessee shall be entitled to rece2ve the
{ entire amount of any aNard u~de for auch taking (Mhether paid ~
= by Kay of damage, rent or otherrrise), unlees the period of
governmental occupancy eatenda beyond the term of thia Leaee,
~ in which case the a~ard to the extent that it represents
' rent sha12 be apportioned between the Lessor and Lessee aa of ~
the date oP the end oP the term of this Lease. The Lesaee ~
~ covenanta that at the termination of any such gove rnmental
_ occupancy, it will, at its coat and expenae, reatore the im- _
provementa on the Demised Premiees in aa good cond2tion as ~
' when r.eN, but the Leasee shall not be required to @o such ;
= restoration Nork if on or prlor to the date oP such ter-~ ~
mination of governmental occup~ncy the term of thia Lease s
E shall be ended. ;
(7) Proration. In the event of the termination of
this Lease n u or as to any portion of the Demiaed ~
- Premises as a result of a total or partial taking by an ~
eminent domain proceeding, the Lesaee sha21 pay to the ~
Leasor all rent and all other chargea payable by Lessee ~
r+ith respect to the Demised Premises or part thereof so ~
taken Justiy apportioned to the dat;s of taking. ~
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t
; b. As to the Le~see's Premisea. If, during the term of ~
¢ this Lease ere s a e a a ng of all or a por-tion of the '
lands described in the Declaration of Condominium of COIANNADES ~
CCidDOMIN?tTl+~ES N0, the ~'OllOxing shall 8pply: ~
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6~~~197 P~~f 675 ~
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~ : aW pFFiCES OF GOIDSTEtN FRANKLlN GHONiN R SCHRANK. P. A. 2C20 NORTHEAST 163nv S7REET. NORTH MIAMI BEACH. FWNIDA ~3162 F
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