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<br />shall detennine the extent of the damage or destruction and will provide Lessor and Lessee wilh <br />certificates allesting to the condition of the demised premises or building in which the demised <br />premises are situated. The architect's certificate shall bind the parties as to: (a) whether or not <br />all or a portion of the demised premises or building in which the demised premises are situated <br />are rendered untenantable and the extent of untenantability; and (b) the date the demised <br />premises or building became untenantable, the date they will regain tenantability, and the dale <br />they regained tenantability. <br /> <br />12. AuthorilV to Execute, Lessee covenants and warrants to Lessor that (i) Lessee <br />is a duly authorized existing corporation, (ii) Lessee is qualified to do business in the State of <br />Florida, (iii) Lessee has the full right and authority to enter into this lease, (iv) each of the <br />persons executing this lease on behalf of Lessee is authorized to do so; and (v) Ihis lease <br />constitules a valid and legally binding obligation of Lessee enforceable in accordance with its <br />tenns. <br /> <br />13. Subordination. Lessor and Lessee hereby agree that this Lease shall be subject <br />and subordinate to any and all mortgages, deeds of trust, and other instruments in the nature of <br />a mortgage. now and at any time hereafter, a lien or liens placed on the property of which the <br />Premises are a part, and provided Lessor delivers nondisturbance agreements set forth <br />hereinbelow, the Lessee shall, when requested, promptly execute and deliver such wrinen <br />agreements that shall be necessary to show the subordination of this Lease to said mortgages, <br />deeds of trust, or such other instruments in the nature of a mortgage. Provided, however, it is <br />a condition to such subordination that lessor obtain and deliver to Lessee a wrinen <br />nondisturbance agreement, so long as Lessee is not in default of the tenns and conditions of this <br />Lease, guarantying Lessee peaceable possession to the premises and its rights hereunder, will <br />not be disturbed, <br /> <br />Lessor and Lessee have executed the Addendum on the above stated date. <br /> <br />Witness: <br /> <br />LESSOR: <br /> <br />RK ASSOCIATES <br /> <br />BY: <br /> <br />LESSEE: <br /> <br />CITY OF SUNNY ISLES BEACH <br /> <br />BY: <br /> <br />MIAMI:F:\OOCS\LMO\RE\64702.1 :811]/97 (II :09am) <br /> <br />5 <br />