HomeMy WebLinkAbout0052 25. Default Clause.
a. It is further covenanted and agreed by and between the
partiea hereto that in case, at ar~y tiwe, default shall be cnade
by the Lessee in the payment of any of the rent herein provided
for upon the day the same becomes due and payable, or in case of
default in relation to liens, as hereinabove provided for, or if
the Lessee shall fail to pay ariy of
the taxes or assessments here-
in provided for, or in case of the sale ~r t~~rif'~1~LiZ'~ ai' the D~- ~
mised Premises or ar~y part thereof during the term hereof for
non-payment.of any tax or assessment, or in case the Lessee shall
fail to keep insured any building or improvements which may at ~
any time hereafter be upon the said prem3ses, as herein provided
for, or shall fail to expend insurance money, as herein provided ,
for, or if the Lessee shall fail to perform any of the cover~nts
of this Lease by it to be kept and perfor~aned, then, and iri any .
such event, it shall and may be laMful for the Lessor, at its
election, to declare the demised term erxied, and to re-enter upon
said prem3ses and buildir~g and improvements situated thereon, or '
any part thereof, either r~ith or without process of law, the said ~
Lessee hereby waiving any demand for possession of said premises i
and any and all buildings and improvements then situated thereon; }
or, the Lessor may have such other reme~i~~~ as the law arx3 thia =
instrument afford. The Lessee covenants and agrees that upon the ;
termination of the demised term at such election, or in any other
way, the Lessee will surrender and deliver up the Demised Premises ?
peaceably to the Lessor, its agents or attorneys, immediately; arxi
if the Lessee, its agents, attorneys or tenants shall ho ld the said .
premisea, or any part thereof, one (1) day after the same should
be surrendered according to the terms of this Lease, it shall be
deemed guilty of forcible detainer of said premises under the stat-
ute and shall be sub~ect to eviction or removal, forcibly or other-
wise, with or without due p~ocess of law.
b. Though this be a Ninety-Nine Year Lease, the parties un- ~
derstand and agree that the relationship between them is that of ~
Landlord and Tenant, and the Lessee specifically acknowledges that F
; all statutory proceedings in the State of Florida regulating the
~ relationship of Landlord and Tenant respectirig collection of rent
` or possession of the premises accrues to the Leasor hereunder.
;
f c. Nothing herein contained shall be conatrued as author- ~
` izing the Lesaor to declare this Lease in default Nhere the de- ?
[
t fault consists in the non-payment oP rent or taxes, or payments ~
E . on Lessee created mortgages on Lessee~s interest in the Demised
~ Preraises, untii such non-payment shall in violation of the terms
~ of this Lease have continued for fif~een (15) days after written
' notice of such default shall have been given by the Lessor to the '
3 Lessee; and where the alleged default consists of some violation #
~ other than the foregoing, the Lessor may not declare this Lease
~ in default until such violation shall have continued for thirty
~ (30) days after the Lessor shall have given the Lessee written
a notice of such violation, and the Lessee shall not have under-
~ taken, during said thirty day period, to cure said violation by
vigorous and affirmative action; provided, however, that nothing
~ herein contained shall be construed as precluding the Lessor
= from havinjz such remedy as mav become necessar_y in order to pre-
~ serve the i.esaor's rights an~d the interest of the Lessor in the ~
premises and in this-Lease, eve~ before the expiration of the .
j grace o r notice perioda provided for in this paragraph if, un-
' der particul.ar circumstances then existing, the allowance of
such grace period or the giving of such notice would pre~udice ;
= or endanger the rights and eatate of the Lessor in this Lease
~ and in the Demtsed Premises. ±
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d. All default and grace periods shall be deemed to run :
concurrently and not consecutlvely.
e. It is mutually covenanted and agreed that the various
- rights, powers, options, electiona, privileges aryd remedies of
the Lessor contained in this Lease shall be construed as cumula-
= tive, and not one of them shall be construed as being exclusive
of any rights or priorities by law. ~
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~-+W OFFICES OF GOLDSTEIN. FRANKLIN, CHONIN ~ SCHRANK. P. A.. 2020 NORTHEAST 183ao STREET. NORTN MIAMI BEACH. FLORIDA 33162 ~