HomeMy WebLinkAbout0061 5. Ri hts ~Qserved Unto 3evelo-ar. Until the DeveloFe~ shall
have comp ete e eve opment, promvt~on and sales of al~ apar~ e~ts
and shops to be constructed at the Condominium, it shall have ~;e
fellowing rights with regard to the Demised ~remises, notw~thstanding
any otrer provisions of this Lease to the contrary.
a. The right to use and occupy exclusively aRy portio~ of
the Demised Premises designated as "offices" in the aforereferred
t~ plans of the Demised Premises.
b. The right to use, occupy and demonstrate, on a non-
exclusive ba~is, all of the De~ised Premises for the purpose
of promotin~ and aiding in the sale or rental ~f the condominium
units on or to be constructed in the condominium apartment
building. Such rights shall not be exerc~sed in an unreasonable
manner not consistent with the rights of the members of the
Lessee to use, occupy and enjoy such vortions of thE Demised
Premises.
c. N~titing herein contained shall serve in any way to
reduce Lessee's obligations for the payment of rent, tax~s,
repair and maintenance of the ~em~sed PrFmises.
d. The Developer shall have the f~rther right to display
and erect signs, billboards and placards, and to store, keep,
exhibit and distribute written, audio and visual promotional
materials in and about the Demised Premises.
e. ~o act of the Developer exercised or perfor~,ed pursuant
to the rights reszrved to it under the provisions of this Article
shall be corstrued o~; deemed as a~reach of the Lessor's
covenants hereunder or as an actual, implied or constructive
failure of the Le~sor to deliver fiossession of the Demised Premises
io ~he Lessee, or as an actual, impliEd or constructive eviction
oi the Lassee from the Demised Premises, or as an excusz ar
jus~irication for the Lessee's £ailure to promptly, fully,
' completely and continuausly pertorm covenants and obligations
~ ~ hereunder.
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6. Non-Exclusivity and Easements.
a. Non-exclusivitY. The Lassee specifically acknowledges
that this is a non-exclusive Lease, and that the Lessor reserves
the right to lease the Demised Premises to other persons, natural
or artificial, upon such rentaZs, terms, and for such pe~iod as
the Lcssor may 3Ptermine upcn, ti~~.thout the consent or approval of .
the Lessee, provided only that any such additional Lessee shall
~ b~ required to pay equitable cons~ributi.on towards the costs of
~ maintaining the Demised Premises, as well ::s~towards all o~ the
! abligations herein imposed upon the le~see, such as real estate
; taxes, insurance and the like, provided, however, the existence
'j of any such additional Lessee or Lessees shall not in any ~vise
; serve to dimin~sh or reduce the Lessee's obligation for the
~ payment of rent as herein containe~.
~ .
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" b. Easements. The Lessor specifically reserves unto
itself and to all of those claiming by, ~hrough and under it,
~ an easeme~t for pedestrian traffic over, through and acrc.ss
sidewalks, pa~hs, walks, halls, Zobbies, elevators, and other
' portions of ~he Demised Premises as may be from time to time
~ intended an;: is designated for such purpose and use; and for
- vehicular and pedestrian traffic over, through and acr-css sucn
portions of the DEmised Fremises as may from time to time be
pa~ed and intended for such purpose and use. An easem~nt is
further hereby created in perpe~uity, ~n favor of COLQNNADES
CONDOMINIUMS, its successors and assigns, for parking on a~y
portions of the Dernise~ Prer~ises which are paved and intended
for such p~ar}~ose and use. In the event any apartment, limited
common element, or other common element shali encroa~h upon any
F of the ~Jemised Premises for any reaso~ other than the intentional
~ and negligent act ot an aFartment ov.mer, then an easement shalZ
~ exist to the extpn~t of such an encroachment 50 long as the sar~e
sh.all exisi.
~t~OR~ ~F t.~s
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