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HomeMy WebLinkAbout1805 c. The Lessee ahall have the ri~ht to contest the amount or validity of ar~y tax or assessment and nothin~ herein shall imply any ri~ht on the part of the Lessee to defer or postpone i such payrnent for any suoh purpose unless such proceedin~s shall ~ operate to prevent or stay the collection of the tax or assess- r. ment so contested and the Lessee shall have deposited with the f Lessor the amount so contested and unpaid, together with all in- terest and penalties in connection therewith and all charges ~ that may or might be assessed against or becomz a charge or lien ~ on the Demised Premises, or any part thereof, by reason of such ~ contest or by reason of the delay in the payment oF the tax as- ~ sessment which may result from such contest. Upon termination of such proceedings; the Lessor shall pay the amount of any such ~ tax or assessment or any. part thereof as shall be fir~ally deter- mined by such proceedings to be due and payable, together with any costs, fees, interest, penalties or liabilities in connection therewith, from the monies deposited by the Lessee, as aforesaid, and shall return any remaining sums to the Lessee without inter- est. If at ar~y time during the course of such contest proceed- ings it shall appear to the Lessor that the amount deposited by the Lessee is or may be insufficient to pay in full the amoun~ of the tax and assessment, together ~vith all interest, penalties and othe.r eharges whieh may be incurred by reason of the contes t proceedings, or iF at the termination of such proceedings it shall or m~y appear that the amount deposited by the Lessee is in- . sufficient to pay in full the amount found to be due, the Lessor shall have the right to require the Lessee to deposit such addi- _ tional sums as the Lessor may reasonably request, and u~on fail- ure of the Lessee to do so witr.in thirty (30 ) da~s of demarri therefor the amount theretofore deposited with the Lessor rr~y be applied to the payment, removal and discha.rge of any then pending and contested tax or assessment, and ariy delinquency shall be treated as unpaid rent. The Lessor, at the Lessee's so le expense, - shall ~oin in any such proceedings if ar~r law shall so require. d. The Lessee may, if it shall so desire, endeavor at ar~y ~ time to contest the validity of any assessment, or to obtain a ~ lowering of the assessed valuation-upon the Demised Premises for the purpose of reducing any assessr.~ent. In such event the Lessor will offer no ob~ection and at the request oP the Lessee, without expense to the Lessor, will cooperate with the Lessee. If re- ! quested by the Lessee, and provided he will not iri the reasonable ` ~r ~udgment of the Lessor- incur any expense or liability ther~by, ~ the Lessor will execute any documents which may be necessaxy arr.3 proper for any such proceedings. Any re~.inds shall be the prop= erty of the Lessee to the extent to which it may be based on a payment of an assessment made by the Lessee. e. The Lessor may at ar~ time require the Lessee to depos- it funds for the payment of current tax~s and assessments on the Demised Premises in a bank or trust compar~y selecte3 by the Les- ~ sor. Such f~.inds shall be held in the name of the Lessee, with r any interest payable to the I.essee, but the depositary shall be ~ ~ prohibited from paying such funds to anyone other than the appro- priate taxing authority except upon the written consent of t:e ~ Lessor. . The Lessee shall so deposit one-twelfth (l/12} of the ~ current annual taxes, or those of the preceding tax year i: the currznt taxes have not then been fixed, on the first day of each month in advance, except that all additional funds required for ; any payrr~ent shall also be deposited on the £irst day oi' the final ~ month during.which or at the end of which a payrrent is due an3 . ~ ~ payable without interest or penalty, and during which tne maki- - r~um discount for early payrr,ent is allowable under th2 lai~r. ~ot- ~ withstanding the foregoing, at such tir~e as the Lessor ~y first reauire the Lessee to r.~ake such deposits, the first deposit ~r,ade 3y the Lessee shall be in an ar.~nunt sufficient to create a bank balance equal to what it would have been had the Lessor requfred the firs~ such monthly c~eposit to have been ~rade on the first day of the month immediately succeeding the r~.onth during which the tax could have been paid wi th the r~aximum pe rmis si~le dis count for early payment allowed under the Iaw. - -s- g o~1$g ~E1802 LAW OFiIGLi O~ GOLDSTEIN, FRANKLIN, GHONiN S aCHRANK. R A., 2020 NORTHEI?r.T 16iRO lTRiliT. HORTH MIAMI HEACH. FLORIDA 33162 ~ _ _ _ - ~ ' ~ „ ~ a~`°r r;W~ -v . ~