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HomeMy WebLinkAbout0041 nature, all of which are hereinafter called "taxes ar~d assess- ~ ments", which are assessed, levied, confirmed,imposed or charged , against the Demised Premises for the year 1972 and subsequent years during the terms of this Lease. Payment of all such taxes . and assessments shall be made by the Lessee to the Lessor within fifteen (15) days of written demand therefore, provided, however, ~ if any such tax or assessment is payable ar may be paid at the option of the taxpayer in installments (ahether or not interest , ~ ~ . - - - L t__ _ ~ ~ till~ll 21C:(:i'UC Uil 1~11C UI1~.loill tlilliifi~:ts vt iiiA~:l1 vciJ~ vt ei:s.+i+.su~iw.ia~ Lessee may, at its option, pay the same together with any accrued interest on the unpaid balance of any such tax or assessment, to the Lessor in installments no less than thirty ('?0) days before - the same shall respectively become due and, provided, further, that as to any tax or assessment applying to a fiscal period of the taxing authority wherein part of the period is included with- z in the term of this Lease and a part of the tax or assessment is ~ for a perio3 of time after termination of this Lease, the said # tax or assessment shall be prorated and ad~usted between the Les- 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 ar~y ; o~her tax which may be levied or assessed against the Lessor ! with respect to or because of the income derived from this Lease, ~ excepting that in the event the State of Florida, or any politi- ~ cal subd3vision 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 Lessor as a substitution in whole or in part for taxes ~ assessed or imposed by such State or political subdivision there- > oi on land and buildings and ~or personalty, the same shall be deemed to be included within the term "taxes and assessments", and the Lessee shall pay and discharge such tax or excise on rent. Any obligation in the nature of a"sales tax" or "use tax" that shall become due or payable by reason of the rentals payable by the Lessee under the terms and provisions hereot' 8l1811 be ine ob- ligation of ar~d shall be paid by the Lessee. ~ c. The Lessee shall have the right to contest the amount = or validity of any tax or assessment and nothing herein shall ' imply any right on the part of 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 and the Lessee 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 of such f contest or b reason of the delay in the payment of the tax as- ~ Y ~ sessment which may result from such conteat. Upon termination ~ ~ of such proceedings, the Lessor shall pay the amount of at~y such ~ ~ tax or assessment or any part thereof as shall be finally 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 any 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 i'ull the amount ~ n of the tax and assessment, together with all interest, penalties ~ r and other charges which may be incurred by reason of the contest i proceedings, or if at the termination of such proceedings it ` shall or may appear that the amount deposited by the Lessee is in- F sufficient to pay in full the amount found to be due, the Lessor 4 shall have the right to require the Lessee to deposit such addi- ~ tional sums as the Lessor may reasonably request, arxi upon fail- ; ure of the Lessee to do so within thirty (~0) days of demand ~ - therefor the amount theretofore deposited with the Lessor may be ; applied to the paymen~, removal and discharge of any then perxiing ' and contested tax or assessment, and any delinquency shall be ~ treated as unpaid rent. The Lessor, at the Lessee's sole expense, ~ shall ~oin in any such proceedings if any law shall so require. ~ 3 _ ~ _ i ~ - _s_ ~oc~198 PaG~ 41 _~,W OFFtCES OF GOLDSTEIN. FRANKLIN. GMONiN @ SCHRANK. P. A.. 2020 fJORTHEAST 163a~ STREET. NORTH MIAMI BEACH. FLORIDA 33162 _ - ~ - _