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Home My WebLink About1518 irig oil any portiona of the Uemiaed Premisea Nhich are paved and intended !'or eueh purpoee and uae. In the eve~nt an~r apart- ment, limited common eleanant, and coma~on element ahall encroach upon au~y of the Deniiaed Premisea Por any reaaon other than the intentional and negligent act of the apartme~t oNner, then an easezaent aha11 exist to the extent of such an encroachment ao long as the aame shall exist. 7 , Taucea . ~ a. (3enera2l . The Lessee covenants and agrees to pay ~o ~ the Lesaor a real eatate taaea, as~esaments and other g~overn- ~ mental levie~ and charges, general und apecial, ordinary and - extraordinary, foreseen and unPoreaeen, oP whatsoever kind and nature, all oP Nhich are hereinafter ~alled "*.au~es ~ and asaesm- menta", which ere.aasesaed, levied, confirmed, 3mposed or charged against the Demised Premiaea Por the year 1971 and subsequant years during the terma of thia Lease. Payn~ent oP all auch taxes and asaessments shall be made by the Leaaee to the Lesaor Kithin fiPteen (15) days oP Nritten demand therefor, provided, hoKev~er, iP ar~y such tax or assessment is payable or u~y be paid at the ' option oP the taxpayer in installments (whether or not interest f shall accrue on the unpaid balance oP such tax or ssaessment), ~ Lesaee may, at ita option, pay the same together with any accrued ~ intereat on the unpaid balarice o! any such tax or asaeasment, to ~ the Lessor in installments no less than thirty (30) days before ~ the same shall respectively become due and, provided, further, ~ that as to ar~y ta~c or asaessment applying to a Piacal period of ~ the taxing authority Nherein part of the per3od is included xith- in the term of this Lease and a part of the tax or assesament ia for a period of t3me aPter termination of this Lease, the said tax or assessment ahall be prorated ar~d ad3usted between the Les- sor and Lessee as of the date of termination of this Lease. ~ - { b. Nothing in this~ Article sha.ll obligate the Lesaee to ~ pay the income, inheritance, estate or succ~ssion tax, or any ~ other ta~c which may be levied or assessed against the Lessor ~ Kith respect to or because of the income derived from this Lease, ~ eacepting that in the event the State of Flarida, or any politi- cal subdivision thereof, shall during the term oP this Lease im- ~ pose a tax or eacise on rents, and shall levy or assess the asme against the Lessor as a substitution in Mhole or in gart Por taxes assessed or imposed by sueh State or political aubdivision there- ~ of on land and buildinga and/or peraonalty, the sanre shall be = deemed to be included within the term "ta~ces and assessments", ; and the Lessee shall pay and discharge such tax or excise on rent. Any obligation in the nature oP a nzales tax" or "use tax" that ~ shall become due or payable by reason of the rentals payable by ; the Lessee under the terms and provisions hereof sha~l be the ob- ligation oP ar~d shall be paid by the Lessee. c. The Lessee shall have the right to contest the amount or validity of any taa or assesament and nothing herein shall imply any right on the part oP the Leseee~to defer or postpone such payment Por any such purpo8e unless such proceedings shall : operate to prev.ent or stay the colleation of the tax or assess- ~ ment so contested and the Lesaee ahall have deposited Nith the ' Lesaor the am~unt so contested and unpaid, together Nith all in- ~ tereat and penalties in connection therexith and all charges ; that may or might be assessed against or become a charge or lien ~ on the Demised Premises, or any part thereof, by reason of such ; contest or by reason oP the delay in the payment of the tax as- . sessment which may result from such contest. Upon termination of such proceedirgs, the Lessor shall pay the amount of any such tax or assesament or any part thereof as shall be 2'inally deter- ~ mined by such proceedings to be due and payable, together with ~ any costs, fees, intereat, penalties or liabilities in corinection -5- ~ aooK i93 15i~ - ~ LAW OFFlGES OF GOLDSTElN. FRANKLIN. GHONIN Q SCHRANK. P. A.. 2020 NORTHEAST 163no STREET. NORTH MIAMI BEACH. FLORiDA 33182 r - _ -