HomeMy WebLinkAbout0047 necessary to restore that portion of the buildings not ao
taken to a aomplete architectural unit or to replace build- ~
ings totally taken to substantially the same usefulness, :
design, and construction as immediately before such tald.ng, ~
it being understood that no alteration or change in the ~
basic configuration of the improvement shall be made with- ~
out the approval of the Lessor), arid the said net award ~
shall be paid out from time to time to the Lessee as such ~
restoraLion and repiacemCn~. prvg~'C~~C3 u~uii i,iiea w~ii~i,ci~ ~
certificate of the Lessee or of tine contractor who has con-
tracted for the performance of such restoration and replace- ~
ment, all in the same manner, and sub~ect to the same pro- ~
visions, as set forth for disbursal of furxis f'or reconstruc-
tion and repair in paragraph 13 d. (1) hereof. ~
( 3) If payment of the net award as aforesaid shall
not be received by Lessor in time to permit payments as
the work of restoration and replacement progresses, the Les-
see shall, nevertheless, perform and fully pay for s~ch
work without delay (except for unavoidable delays over whlch
the Lessee has no control) and payment of the amount to
which Lessee may be entitled sha21 thereafter be made by Les-
sor out of said net award as and when payment of such ne t
award is received by Lessor. If the funds to be applied by
Lessor be insufficient to pay the entire cost of such restor-
ation, the Lessee agrees to pay any deficiency and to depos-
it the amount of such deficiency, as estimated by the archi-
tect or contained in a contract with Lessor to perform such
work, prior to the work being performed.
;
(4) From and after the date of vesting of title in
' such proceeding, a~ust proportion of the rent, according
to the nature and extent of such taking, shall abate the re-
mainder of the term of this Lease.
(5) If after making the payments provided for in Para- ~
graph 15 a(2) there remains any balance in Lessor~s hands,
~ it shall be retained by Lessor as its property.
f
E (6) A Taking of Less than Fee Simple Title. If all Qr
any of the e se rem ses s e a n y exercise of ~
; the right of eminent domain for governmental occupancy for
a limited period, this Lease shall not terminate and the Les-
~ see shall continue to perform and observe all of its cove-
? nants as though such taking had not occurred. In the event
= of such a taking the Lesaee shall be entitled to receive the
ti entire amount of any award made for such taking (whether paid
~ by way of damage, rent or otherwise unless the period of ~
~ governmental occupancy extends beyor~d the term of this Lease,
t in which case the award to the extent that it represents
~ rent shall be apportioned between the Lessor and Lessee as of ~
the date of the end of the term of this Lease. The Lessee
~ covenants that at the termination of at~r 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 such
< restoration work if on or prior to the date of such ter-
N mination of governmental occupancy the term of this Lease
shall be erxied.
~
(7 ) Proration. In the event of the termination of °
- this Lease n u or as to any portion of the Deraised i
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 Lessee ~
- with respect to the Demised Premises or part thereof so
taken ~ustly apportioned to the date of taking.
~_`L
= b. as to the Lessee~s Premises. If, during the term of ~
- this Lease ere s a e a ng of all or a portion of the
lands described in the Declaration of Condominium of COIANNADES
CONDOMINIUN?S NO. 6, the following shall apply:
~
-11- bO~K 190 PACE '~7
LAW OFiICES OF GOLDSTEIN. FRANKLiN. GHONIN Q SGHRANK, P. A.. 2020 NORTHEAST 163r+~.5~REET. NORTH IMIAMI 9EACH. FLORIDA 33162 .
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