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HomeMy WebLinkAbout2958 f ing on any portions of the Demised Premises which are paved and intended for such puraose and use. In the event any apart- ment, limited common element, and comm~n element shall encroact~ upon any of the Demised Premises for any reason other than the intentional and negligent aat of the apartment oNner, then an ~ easement ahall e~cist to the eatent of euch an encroachment ao long as the same shall exist. - 7. Taa~e s . • - a. Generally. The Lessee covenanta aryd agrees to pay to the Lessor a real estate taxes, asaessments and other govern- ~ mental levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of whatsoever kir~d arid ~nature, all of which are hereinafter called "taxes and assess- ments", which are assessed, levied, confirmed, imposed or charged against the Demised Premises for the yrear 1971 and subaequent years during the terms of this Lease. Payment of all such taxes and asaessments shall be made by the Lessee to the Les-sor within fifteen (15) days of written demand therefor, provided, hoWever, . if any such tax or assessment is payable or may be paid at the option of the taxpayer in installments (whether or not interest shall accrue on the unpaid balance of such tax or assessment), _ Lessee may, at its option, pay the same together with any accrued interest on the unpaid balance oP any such tax or assessment, to the Lessor in installments no less than thirty (30) days befoi*e the same shall reapectively become due and, provided, t'urther, that as to any tax or assessment applying to a fiscal period of the taxing authority wherein part of the period is included with- in the term of this Lease and a part of the tax or assessment ia for a period of time after termination of this Lease, the said tax or assessment shall be prorated and ad3usted between th~e Lea- sor and Lessee as of the date of termination of this Lease. b. Nothing in this Article shall obligate the Lessee to pay the income, inheritance, estate or succession tax, or any other tax which may be levied or asaessed against the Lessor with respect to or because of the income derived from thia Lease, eacepting that in the event the State of Florida, or any politi- cal subdivision thereof, shall during the term of this Lease im- ' pose a tax or excise on rents, and shall levy or assess the same against the Lesso r as a substitution in whole or in part for taxea assessed or imposed by such State or political subdivision the~e- of on land and buildings and/or personalty, the same shall be deemed to be included within the term "ta~ces and assessments", and the Lessee shall pay and discharge such ta~c or excise on rerlt. Any obligation in the nature of a"sales tax" or "use tax" that ahall become due or payable by reason oP the rentals payable by the Lessee under the terms and proviaions hereof ahall be the ob- ligation of and shall be paid by the Leseee. c. The Lessee shall have the right to contest the anbunt or validity of any tax or asseasment and nothing herein shall imply any right on the part oP the Lessee to defer or postpone . such payment for any such purpose unless such proceedings shall operate to prevent or stay the collection of the tax or assess- ment so contested ar~d the Lesaee shall have deposited with the 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 become a charge or lien on the Demised Premises, or any part thereof, by reason oP auch contest or by reason of the delay in the payment of the tax as- seasment which may result from auch contest. Upon termination - of auch proceedings, the Lessor shall pay the amount of ar~y such tax or asaeesment or any part thereof as ahall be Pinally deter- mined by such proceedinga to be due and payable, together with any aosta, feea, intereat, penaltiea or liabilitiea in conneati~on B~oK 1~5 P~~E 2956 -5_ LAW 0//fC[i 0/ dOLDiT[IN. /11ANKLIM, CHONIN ~ iCNRANK. P. A., 2020 NOl1TN[A~T 10]~0 3TR[[T. N011TM MIAMI •[ACH. /LOIItDA ~]1~! ~ ~ti~ ~ ~c ,s-..r.~• hi a '-.t° ~ ~ ~e° ~'~~4s .i~-4~~..~'~" n~ . . . . .