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BOWERS MUSEUM - 2005 GROUND LEASE
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BOWERS MUSEUM - 2005 GROUND LEASE
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Last modified
9/11/2024 4:23:45 PM
Creation date
12/30/2005 4:59:12 PM
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Contracts
Company Name
Bowers, Charles W. Museum Corporation
Contract #
A-2005-258
Council Approval Date
9/6/2005
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<br />amount of One Dollar ($1.00) per year, payable in advance on the first day of the first full <br />calendar month following commencement of construction of the Additional Facilities. <br /> <br />ARTICLE 4 <br /> <br />IMPOSITIONS AND UTILITIES <br /> <br />4.1 Definition of Impositions. The term "Impositions" shall mean all real estate taxes, water and <br />sewer charges and assessments, charges and assessments for public utilities, local <br />improvement or special benefit district assessments pertaining to the Leased Premises and/or <br />any improvements thereon, and license and permit fees which shall or may during the Lease <br />Term be assessed, levied. charged, confirmed or imposed by any public authority upon or <br />accrue or become due or payable out of or on account of or become a lien on the Leased <br />Premises or any part thereof, or any other buildings or improvements now or hereafter <br />located upon or comprising a part of the Leased Premises. The term "Impositions" shall not <br />include any income tax, estate, succession, inheritance or transfer tax, gross receipts tax, <br />business and occupation tax, withholding, profit or revenue tax or charge levied upon the <br />rents payable to Lessor under the terms or this Lease (except to the extent such tax is <br />imposed in lieu of real property ad valorem taxes on the Leased Premises), any corporate <br />franchise tax or corporate license fee which may be levied upon or against Lessor or any <br />successor corporate landlord or any similar obligations assessed against or imposed on <br />Lessor by any governmental body. <br /> <br />4.2 Lessee's Payment of Impositions. During the Lease Term, to the extent Lessee and/or the <br />Leased Premises and any buildings or improvements now or hereafter located upon or <br />comprising a part of the Leased Premises are not exempt due to Lessee's not-for-profit status, <br />Lessee shall pay when due, subject to the further provisions hereof, all Impositions. If Lessor <br />receives any tax statement(s) for Impositions from any taxing authority, Lessor will timely <br />provide Lessee with a copy thereof. Lessee shall pay Impositions directly to the taxing <br />authority; however, Lessor may elect, by notice to Lessee, to pay any Imposition(s) directly <br />to the taxing authority, in which case, Lessee shall reimburse Lessor for such payments <br />within ten (10) days after Lessee's receipt of an invoice from Lessor indicating payment has <br />been made by Lessor for such Imposition. Notwithstanding the foregoing provisions of this <br />Section 4.2: <br /> <br />(a) All Impositions that are payable by Lessee pursuant hereto for the fiscal year or <br />tax year in which the Lease Term commences or expires shall be prorated so that Lessee <br />and Lessor each shall pay their respective proportionate share of such Impositions that <br />are payable in the year in which the Lease Term commences or expires; and <br /> <br />(b) Where any Imposition that Lessee is obligated to pay in whole or in part is <br />permitted by law to be paid in installments, Lessee may pay such Imposition in <br />installments as and when such installments become due, and Lessee shall only be <br />obligated to pay those installments to the extent due and payable during the Lease Term <br />or, for any installment payment where an installment period overlaps the commencement <br /> <br />6 <br />
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