Reso 2011-1735 - Laserfiche WebLink

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ARTICLE XI Liens Section 1. Liens. Tenant shall not permit any mechanic's lien to be filed against the Land or any part thereof by reason of work, labor, services, or materials performed or 'supplied or claimed to have been performed or supplied to Tenant or anyone holding the Land or the Improvements or any part thereof through or under Tenant. The Memorandum of Lease (as hereinafter defined) shall contain the appropriate clause under Chapter 713 of the Florida Statutes notifying third parties that they may not impose a lien on the Landlord's interest in the Land for labor, services or materials furnished to, or at the request of, Tenant and any such liens are hereby prohibited. If, notwithstanding said notice, any third party files a mechanic's lien purportedly against the Landlord's estate for or on account of labor, services or materials provided to or at the request of Tenant, Tenant shall dispose of the claim and ensuing litigation as Tenant deems appropriate at Tenant's expense, provided that if such party commences a foreclosure action with respect to such lien, Tenant shall transfer the lien to security as provided by Florida law or otherwise bond or cause the same to be discharged of record within thirty (30) days thereafter to prevent the foreclosure of Landlord's estate. Tenant shall keep Landlord apprised of the status of the resolution of any such claim of lien and litigation. AR TI CLE XII Alterations/Reconstruction Section 1. Alterations. In the event the Improvements damaged by fire or other casualty and the Tenant is obligated to, or elects to, reconstruct the same under the provisions of Article XII below, before commencing any such demolition and/or construction, Tenant shall submit to Landlord a copy of the plans and specifications for such new improvements, together with an estimate which shall show in reasonable detail the approximate cost of sum improvements. Such plans and specifications shall comply with all relevant Legal Requirements and shall be subject to Landlord's approval and all applicable governmental code, rules and policies. Section 2. Standards for Reconstruction. All work done by Tenant hereunder shall be constructed and completed in a good and workmanlike manner and in compliance with the building and zoning laws and all other Legal Requirements, and in accordance with the orders, rules and regulations of any appropriate insurance rating bureau or any other body now or hereafter constituted exercising similar functions. Upon completion of the Tenant's improvements, all references in this Lease to "Improvements" shall be deemed modified to mean and refer to the new improvements so constructed by Tenant. Section 3. Conforming with Final Plans. Any restoration undertaken pursuant to the provisions of this Article shall in all respects substantially conform to the provisions of the Final Plans and Specifications for the damaged Improvements, incorporating any alterations or modifications approved by the Landlord prior to the casualty, or shall be built in accordance with such new or modified plans and specifications as the Tenant, the Landlord and, at its election, the Approved First Mortgagee may at the time agree upon and approve, subject to any applicable building and zoning laws or other similar requirements then in existence. 17