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HomeMy WebLinkAbout0063 i~suffic~er.t to pay in full the amount found to k~e ~~~e, the Lessor shall have the right to re~:iire the Lessee to deposit suct~ additxonal sums as the L~ssar may reasonably request and upan failure of th~ Lessee to do ~o within thirty (30~ days of demand therefore the amount theretofore deposi~e~ witn i:he I:essor may be appli~d to th~.~ payment, r~moval ard discharge ot any than pend~ng and contested tax or ass~~~ment, and any delinquency shal? b~ treated as unpaid r`nt. The Lessor, at the Lessee's soZe expense, shall join in any such proceedings-if any law ~hal~ so require. d. The Lessee may, if it shall sc~ desire, endeavor at any time to contest the valiciity of any assessment, or ±o obtain ~ lowering of the assessed valuation upon the Demised Premises for the purpose of reducing any assessment. Iry such event the Lessor wi].1 offer no oCjection and at the request of the Lessee, without expen~e to the Lessor, will cooperate with the Lessee. If requested by the Lease; and provided he will not in the rcasonable judgment of tha Lessor incur any expense or liability thereby, the Lessor will execute any d~cuments which may be necessary and prcper for any such proceedings. Any refunds shall be the property of the Lessee to the extent to which it may be bRSed on a payment of an assessment made by the Lessee. e. The Lessor may at any tir~e require ihe Lessee to depos- it funds for the payment of current taxes and~assessments on the Demised Premises in a bank or trust company selected by the Lessor. 'Such funds shall be held in the name of the Lessee, with any interest payable to the Lessee, but the depository shall be prohibite~ from paying such funds to anyone other ti~an the appropriate taxi~g authority except upon the ;~rritten consent ai the Lesscr. The Lessee shall so deposit one-twelfth (1j12) of _ the current annual taxes, or those af the preceding ta~ year if the current taxes have not then been fixed, on the first day of each month in advance, except that all additional funds required for any payment shall a~so be deposited on the first day of the final r,~onth during which or at the end of which a payment is due and oayable without interest or penalty, and during whicr. the maximum discount for early payment is alZowable under the law: Notwithstanding ~he foregoing, at such time as the Lessor may first r~quire the Lessee to make such deposits, the first deposit made by the Lessee shall be in an amount sufficient to create a bank balance equaZ to what it would have been had the Lessor required the first such monthly deposit to have been made on the first day of the month immediately succeeding the month during ~,rhich the tax could have been paid with the maximum permissible disc~unt for ear?y payment allowed under the law. 8, Insurance Premiums and Utiiities. Lessee covenants and agrees that it shaii pay premiums for a~l insurance pelicies ~vhich thc Lessee is obli ated to carry under the terms of this Lease not 2ess tharj fifteen ~15) days prior to the date upon which the same shall become due, and that it will exhibit to the Lessor proof of such payment within ten (10) days after maki:~g paytnent. The Lessee shall further make all necessary deposits in connection wi~h and pay all bill~ and charges for gas, electricity. light, heat, power, and telephone or other communication service, and for all other utilities used, rendered ~r supplied on or in connection with the ~emised Fremises, and sha~l indemnify the Lessor against any lia- bility or damages on such account. 9. Association and Manac~ement Aqreement. The Lessee, in its capacity as Condominium As~ociation, has entered into a Management Agreeraent with RECAP MANAGEMLNT CORPORATION as Manager. The Manager has the duty and responsibility to perform all administrative and manageria~ acts required to be perforr.~ed by the Lessee under this Non-Exclusive Ninety-Nine Year Lease agreement. Due to the size and extent and the complexztzes involved in ad:ninistering the COLONNADES CONDOMINIUM COMPLEX, it is mutually agreed that in the event aforesaid Management agreement is terminated, the ?essee shall cause to be iormed a Management Association consisting of the members of all the Condo.ninium Associations at Colonnades Gondominium Complex. -6- ~1~c~~ t'~E • ° _ - : t__.