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C, Total Destruction, As used in this Declaration,-
and in any ot er connection or context dealing with this
Condominium, "substantial damage to or destruction of all or
a substantial portion of the Condominium Property" shall
mean:
(1) With respect to the entire Condominium~ that
two-thirds (2/3) or more of all Condominium Units are or
have been rendered untenantable by casualtv loss or damap,e;
and/or,
(2) If two-thirds (2/3) or more of. all the Condominium
Units are not or have not been rendered untenantable by
casualty loss or dama~e, then with respect to at least one
separate and distinct Building within the Condominium, that
three-fourths (3/4) or more of the Condominium Units in such
distinct and separate Building are or have been rendered
untenantable by such casualty loss or damage,
Should there occur such substantial damage to or destruction
of alI or a substantial part of the Condominium Propertv
with respect to the entire Condominium, the Condominium
Prooerty shall not be reconstructed unlesstwo-thirds (2/3)
of all the Unit Owners shall agree thereto, in writing,
within sixty (60) days after the casualty loss or damage
occurs and the Condominium Property shall be removed from
the provisions of the law in accordance with Section 713.117
Florida Statutes. In that event, there shall be recorded in
the Public Records an instrument setting forth the facts
effecting the termination which shall be certified by the
Association through its President and Secretarv. The termination
shall become effective upon the recording of said instrument
and the Unit Owners shall, thereupon, become (lwners as
tenants in common in the real, personal, tangible and intangible
personal property and any remaining structures'of the Condominium~
with their undivided interest in same being equal to their ~
undivided interests in the Common Elements as set forth in
Article ~~II o~ this Declaration and the mortga~es and other
Iiens upon the Condominium Units shall become mort~ages and
liens upon the undivided interests of such tenants in common
with the same priority as existed prior~to the termination
of the Condominium.
3. Should damage or casualty loss be to less than
that degree described in subparagraph 1 above, but with
respect to one or more Buildings be at least that de~ree
with respect to each of such buildings described in subparagraph
2 above, then e~ch Building experiencing such degree of
damage or casualty loss shall nevertheless be reconstructed
if three-fourths (3/4) of t,he Unit Owners owning units in
such Building so damaged or destroyed shall agree to such
reconstruction, in writing,~ within ninety (90) days after
the casualty Zoss or damage occurs. In anv of such events
should reconstruction not be approved as aforesaid, the
Insurance Trustee is authorized to pay proceeds of the
insurance co tne liniz Ci~mers and their mortgagees as their
interests may appear in accordance with the provisions of
Section D below, and the Gondominium Prorerty shall to the
extent provided for in Section D below be removed from the
provisions of the Condominium Act, as amended, in accordance
with the provisions of Section D below. The determination
not to reconstruct after casualty shall be evidenced bv a
certificate, signed by one of the officers of the Association,
statinp, that the said sixty (60) day period has elapsed and
that the Association has not received the necessary writings
from two-thirds (2/3) of the ~nit Owners or, in the ap~opriate
cases, stating that the said ninety (90) day period has
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; ~~',~ 349 ~a, E 4E1
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