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HomeMy WebLinkAbout2903 , . . i for, or shall fail to expend insurance money, as herein provided . • for, or if the Lesaee shall fail to perform any of the covenante of this Lease by it to be kept and performed, then, arrJ in any } such event, it shall and may be lawful~ri~r the Lessor, at its election, to declare the demised term erxled, and to re-enter upon ~ said premises and building and improvements situated thereon, or ' any part thereof, either with or without proce~a of 2aw, the said ~ - Lessee hereby waivir?g any demand for possesslon of said premises and any and all buildings and improvements then situated thereon; ' or, the Lessor may have such other remedies as the law and this ~ instrument afford. The Lessee covet~ants 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; and { . if the Lessee, its agents, att4rneys or tenants shall hold the said ~ . , ~~em~.se~, ~r ~ny g~r~ ~~?ere~~'3 Qne (l~ siay ~fter t2~.~ same ~~:~u2d ; ~ be surrendered according to the terms of this Lease, it shall be ? . deemed guilty of forcible detainer of said premises under the stat- ~ tite and shall be sub~ect to eviction or rem~val, forcib~y or other- wise, with or without due process 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 ~ Iandlord and Tenant, and the Lessee specifically acl~owledges that all statutory proceedings in the State of Florida regulating the relationship of Landlord and Tenant respecting collection of rent . or possession of the premises accrues to the Lessor hereunder. c. Nothing herein contained shall be construed as author- izing the Lessor to declare this Lease in default where the de- fault consists in the non-payment of rent or taxes, or payments - on Lessee created mortgages on Lessee's interest in the Demised Premises, until such non-payment shall in violation of the ter:ns ; . of this Lease have continued for fifteen (15) days after written ~ notice of such default shall have been given by the Lessor to the ; ~ • Lessee; arxi 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 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 havi ~ - ng such remedy as may become necessary in order to pre- ~ serve the Lessor's rights and the interest of the Lessor in the premises and in this Lease, even before the expiration of the ~ ~ grace or notice periods provided for in this paragraph i£, un- ~ der particular circumstances then existir~g, the allowance of ~ such grace period or the giving oP such notice would pre~udic e or endanger the rights and estate oP the Leasor in this Lease - ~ ~ ~ and in the Demised Premises. ~ d. All default and race ~3 g perioda shall be deemed to run c= • .concurrently and not consecutively. ~ . ~w~= . e. It is mutually covenanted and agreed that the various ~ ~ rights, powers, options, elections, privileges and remedies of - , the Lessor contained in this Lease shall be conatrusd as cumula- tive, and not one of them shall be construed as.being exclusive r,; . oP any rights or priorities by law. __j - f. It is furtner covenanted and agreed by and between the parties hereto that the right to the Lessor in this Lease to col- lect the rent that may be due urxler the terms of this Lease by any proceedings under~the sarne, or the right tQ collect any addi- tiot~al rent, money, or p~yments due under the ternas oP thls Lease _ by ariy proceedir~ga under the same, or the right gi~ren the LesBOr - ~ ~ 600K ~~0 PAGEz~ - -17- . ; LAW OFrIGEa 0/ OOLDGTEIti. FRANKLIN. CMONIN ! iCH11ANK. P. A., 2020 NORTH[AQT f0~~o iTREtT, NORTN MIAMI BEACH, ~~C~a;.~~ ; ~ 2 • , - ~ i -