Reso 2024-3761 - Laserfiche WebLink

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1:0.1000M Itile KV-61WI or the Percentage Rent under this Section, the parties will mutually select a certified public accounting firm to review the calculations and supporting information and to perform the necessary calculations. Such accounting firm's calculations shall be conclusive and binding on the parties. The parties shall pay all fees and costs of the accounting firm in equal shares. On or before the fifteenth (15th) day after the end of each Lease Year (including for the final Lease Year), LESSEE shall submit to LESSOR a copy of the Florida Department of Revenue Sales Report and a written statement signed by LESSEE, and certified by it to be true and correct, showing in accurate detail the amount of Gross Receipts from the Leased Premises for the preceding Lease Year. Additionally, along with the payment of any Percentage Rent due for such Lease Year, LESSEE shall submit to LESSOR, on or before the thirtieth (30th) day following the end of each Lease Year (including after the final Lease Year), a written statement, signed by LESSEE and certified to be true and correct by either a Certified Public Accountant or a financial officer to LESSEE reasonably acceptable to LESSOR, showing in accurate detail the amount of Gross Receipts for the preceding Lease Year. The annual statements referred to in this Section shall be in such form and style and contain such details and breakdowns as LESSOR may reasonably require. If applicable, Percentage Rent payments shall be adjusted in accordance with such annual statement. If LESSEE fails to furnish to LESSOR any report required of LESSEE hereunder, LESSOR may, in addition to its other remedies herein provided, assess as additional rent a fee of Twenty Five Dollars ($25.00) per day until the required report is furnished and/or undertake an examination or audit of LESSEE's books and records in order to determine Gross Receipts, and LESSEE shall pay LESSOR upon demand all costs and expenses incurred by LESSOR in connection therewith. 6.5. Additional Rent. In addition to Base Rent, LESSEE shall pay to LESSOR the following: 6.5.1. Payment of Taxes. Except as otherwise provided in this Lease, all costs, expenses, sales or use taxes, ad valorem property taxes, or taxes of any nature or kind, special assessments, connection fees, and any other charges, fees or like impositions incurred or imposed against the Leased Premises, or any use thereof, including revenue derived therefrom, and any costs, expenses, fees, taxes or assessments in or upon the real property or improvements constructed thereon shall be made and paid by LESSEE in accordance with the provisions of this Lease, it being the intent of the parties that, except as may be specifically provided for herein, LESSEE is responsible for paying all the expenses and obligations that relate to the Leased Premises or any improvements thereon and that arise or become due during the Term of this Lease. LESSEE shall not be responsible for income taxes assessed on the rental payments, if any. To the extent required by law and unless exempt by law, LESSEE shall pay to LESSOR Sales Tax, as hereinafter defined, on all amounts paid as Rent hereunder, which sum is to be paid to the State of Florida by the LESSOR in respect of sales or use taxes. Should such tax rate change under the Florida Sales Tax Statute or other applicable statutes, LESSEE shall pay LESSOR the amounts reflective of such changes. To the extent applicable, LESSEE shall pay LESSOR in conjunction with all sums due hereunder, any and all applicable sales, use or other similar tax and any interest or penalties assessed therein ("Sales Tax") simultaneously with such payment. LESSOR shall invoice LESSEE for all applicable taxes, and the LESSEE shall be required to pay LESSOR within ten (10) days of receipt of said Invoice. If LESSEE fails to timely pay any taxes, LESSOR may pay them, and LESSEE shall repay such amount to LESSOR upon demand. LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 7 of 36