HomeMy WebLinkAbout0043 It is recognized that the sole purpose of the Management Association
shall be to perform the terms and provisions of this Non-Exclusive ~
Ninety-Ni~e Year Lease in lieu of the Manager and that the Lessee ;
shall continue to be entitled to possessory and use interest herein i
and make all payments required by this Agreerr~nt arid be bounci by its ;
terms and provisions. >
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10. Fepairs and Maintenance. Lessee shall at all times during ;
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pairs and replacements to the Demised Premises and maintain the
same in good condition. This covenant shall include the obligation t
upon the part of the Lessee to replace or renew when necessary any :
item of furniture, fixtures, machinery and equipment and all such s
replacements and renewals shall be at least equal in quality and ;
class to the original equipment, furnishings, machinery or fixtures.
Air conditioning, pool and other such equipment and machinery shall ~
be regularly serviced and maintained under agpropriate service con- ~
tracts. Lesaee shall keep and maintain all portions of the Demised
Premises in clean arxi orderly condition, free of accumulation of
dirt and rubbish and pest infestation. All buildings, structures
and improvements, furniture, furnishings, fixtures, machinery and
equipment now or hereafter replaced or bought, or intended for use
upor. tr.e Demised Premises shall be a g~rt thereof and thereb;~ the
property of the Lessor, without payment therefor by the Lessor, arxi
shall be surrendered to the Lessor upon the expiration or earlier
terminstion of this Lease without cost or charge to the Lessor.
11. Mechanica' Liens. all ~ersons are hereby placed on notice ~
that the Lessee s never, under any circumsi;ances, have the power t
to sub~ect the interest of the Lessor in the Demised Premises to any
mechanics' or materialmen's lien or liens of at~y kind, in the absence
~ of a specific provision to the contrary her~ein contained authorizing
in specific terms the creation of such lien or liens. All persons
who may hereafter, during the term of this Lease, furnish work, la-
bor, services or material to the premises upon the request or order
' of the Lessee, or any person claiming under, by or through the Les- ~
' see, shall and mus~ look only to the interest of the Lesaee in con- ;
nection with payment therefor, and not to the interest of the Lessor.
~ If any mechanics' liens are filed or asserted against the Lessor's
; interest in the Demised Pemises, the Lessee shall, within thirty
E ('0) days after the date upon which notice thereof ahall come
' to ita attention, cause such lien to be released from the Lessor's
~ interest in the Demised Premises, in the manner provided by the ap- '
; plicable statutes of the State.of Florida, failing which, the Lessor
_ shall have the right to cause the said lien to be released in the
~ manner provided by the Florida Statutes, and shall have the right to
~ thereupon charge the costs of having had the said lien removed and
r discharged against the Lessee and as for additional rent due, said
~ additional rent to be due and payable within fifteen (15) days of the
~ date of notice thereof to the Lessee. i
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~ 12. Indemnification.
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a. Lessee covenants and agrees with the Lessor that during ~
~ the term of this Lease, th~ Lessee will indemnify and save harmless #
~ the Lessor against any and all claims, debts, demands or obligations ~
~ which may be made against the Leasor, or againat Les$or's tit~e in ~
~ the premises, arising by reason of or in connection with the neking
of this Lease and the leasehold interest hereby created in the ~
- Lessee, and if it becomes necesar.y for the Lessor to defend any
action seeking to impose such liability th~ Lessee will pay the
. Lessor all costs of court and attorney's fees incurred in ~
~9 connection with any such defense, in addition to any other surns
which the Lessor maybe called upon to pay by reason of entry of
a Judgment against the Lessor in litigation in which such claim
is asserted. ~
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b. The Lessee will cause to be written a policy or pol- ~
icies of insurance in the form generally known as Public Lia-
~ bility and Property Damage and~or Owner's Landlord ar~d Tenant
= Policies, and '~oiler Insurance Policies when there are boilers -
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_7_ eooK19~ PacE 43
~ ~4Y~ OFFlCES OF GOLDSTEIN. FRANK~IN. CHONIN Q SCNRANK. P. A.. 2020 NORTHEAST 163no STREET, NORTH MIAMI BEACH. FLORIDA 331A2