HomeMy WebLinkAbout1834said premises and to the husinesses to be canducted thereon; and that it will
not permit or suffer said premises *o be used for the purpose of carrying on
any illegal business or occupatlon.
ARTICLE XI.
WARRANTY OF TITLE AND POSSESSION:
Lessor here~y warrants and defends unto Lessee, against the lawful claims
of all persons, whomsoever, the premises hereby leased; and further warrants that
it wi11 place Lessee in possession of said premises, free fran the claims of per-
sons in possession, and third persons claiming rights thereto. Lessor agrees with
Lessee to r•eimburse and hold harmless Lessee of and fram any damage and expense
suffered or incurred by reason of restrictions, encumbrances or defects in Lessor's
title or Lessor's breach of the warranties and covenants herein contained.
If lessor now owns or controls, or shall acquire during the term of this lease,
any real estate adjacent to the premises covered hereby, Lessor further covenants
and agrees that, without Lessee's written consent, it will not use or permit to be
used such adjacent premises for the storage, sale, distribution or advertisement
of petroleum ptbducts and products and merchandise normally sold in convenience
stores and fast-food facilities.
ARTICLE XII.
LEGAL INTERFERENCE:
If, during the term of this i~ase the right of Lessee to conduct the business
herein provided for, or any part thereof, ~r to maintain driveways ai~d approaches
to reach said premises, shall be impaired, denied or prohibited by lawful authority,
except for the fault, omission or negiect of Lessee; or if the reai estate hereby
leased, or a part thereof sufficient to interfere with the business for which said
premises are used, shall be condemned or acquired by grant or otherwise for the
widening of streets or highways or for other public improvements,~or shall be other-.
wise taken in *he exercise of the right of emine-it domain; or if the use of said pre-
mises shall, for any cause for which lessee is not responsible, be sa restricted or
interfered wit~~ as to make them unfit or un~uitable for the conduct of business, then,
i,n such event, the following co~ditiens thall,anply:
(a)The lessor shall relinquish and assign his rights as property owner,
over to the lessee, ar.d Lessee hereby agrees to pursue any and all legal avenues
,.;-to recover~ damages sustained to the premises•by both parties;
(b)That Lessor further will not withhold his assistance and/or consent in any
procedural matters connected with such pursuit for recovery of damages, and wiTl exe-
cute and deliver any documents r~quired by law, as property owner. to defend such rights;
(c}That in the event of a partial or complete taking of the demised premises and/or
improveme~ts, Lessor sha7i be entitled to all proce~ds collected for the taking of
Lhe larrd, Lessee shal~ be entitled to recovery for damages due to loss of business*
from the convenience store and motor fuel facility, Lessee shall be entitled to re-
covery for damages and loss of the convenience store, motor fuels ~uilding, and the
service center building(loss of improvementsj".(EXCEPTION:If condemnation of the de-
mised premises shouid occur during the first five .years of the lease, then, in such
event, Lessee(Treasure Coast) wouid ~e entitled to fifty(50%)percent of the proceeds
derived frar; the taking of the land, and one hundred(lOQ%)percent~of Lhe proceeds
derived from the taking of all improvements owned by Treasure Coast(Lessee) on the
premises. This except~on is made in the interest of Lessee's inability under present
Florida Statutes to recover business loss. Said'exception shall expire with the change
of Florida Statute and/or five years, whichever should first occur.)Lessor shall be
entitled to recovery for loss of business at the service center facility, as speci-
fied under lease between Tr-easure Coast Oii and Kwon, cover'ng the'service center
improvement on the demised premises.
..
ES LESSEE
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