Orange County NC Website
(c) The Tenant agrees to pay the County without demand at its office, or at <br /> such other place or places as County may from time to time designate in writing, the <br /> sum of$1,200 per month ($14,400 per annum), which includes the sum of$100 per <br /> month ($1,200 per annum) for taxes-in-lieu pursuant to paragraph 3(c) below. <br /> (d) At the commencement of this Lease the Premises are owned by County <br /> and as such are exempt from ad valorem taxes as provided in Article V, Section 2 (3) of <br /> the North Carolina Constitution and North Carolina General Statutes 105-278.1. During <br /> the term, Tenant agrees to make payments to County in lieu of taxes, as additional rent, <br /> in amounts equivalent to Tenant's pro-rata share of property taxes that would be lawfully <br /> assessed if the Premises were taxable by County and any municipality in which the <br /> Premises is located. These payments are hereafter referred to as "the payments in <br /> lieu". This agreement to make the payments in lieu is to eliminate the competitive <br /> advantage accruing to Tenant, a profit-making enterprise, from the use for profit of <br /> County's tax-exempt property. Tenant shall submit monthly amounts as specified <br /> annually by County, which payments will be held in escrow and distributed to the <br /> appropriate jurisdiction(s). <br /> Monthly taxes for the lease term July 1, 2000 through June 30, 2001 shall be <br /> $100 per month subject to annual reconciliation as cited below. Tax amount shall be <br /> paid with rent before the 5th day of each month of the lease term. <br /> County and Tenant recognize that the annual payments required in this <br /> subsection each span two tax years and will therefore require estimates based on <br /> estimated tax rates. Upon receipt of actual tax rates, County will reconcile the amount <br /> paid by Tenant and the actual amount due under this subsection and provide Tenant <br /> with a copy of this reconciliation. Any difference between what has been paid and what <br /> is due shall be paid on May 1 of each lease year by Tenant as additional rent or credited <br /> on May 1 by County against rent. Tenant agrees that the valuation of the Premises <br /> shall be made by County's Tax Assessor according to the Schedule of Values adopted <br /> by County from time to time and that the determination of the true value in money of the <br /> Premises shall be made by the County's Tax Assessor. <br /> Tenant may, at its expense, in good faith, contest any such taxes, assessments <br /> and other similar charges or the valuation on which the same are based, and, in the <br /> event of any such contest may pay the taxes, assessments or other charges under <br /> protest during the period of such contest and any appeal therefrom. In the event it is <br /> determined by Tenant and Landlord or by the tribunal which ordinarily has jurisdiction <br /> that such tribunal does not have jurisdiction or is otherwise not permitted to act as a <br /> forum in consequence of the fact that Tenant's liability for the tax is contractual rather <br /> than imposed by law, then either party may submit a challenge to a tax, assessment or <br /> other similar charge or valuation to arbitration by an arbitration panel made up of MAI <br /> qualified/certified appraisers. County shall select one appraiser; Tenant shall select one <br /> appraiser; the appraiser selected by County and Tenant shall select a third appraiser <br /> and the decision of the arbitration panel shall be binding on both parties. To the extent <br /> that enforcement of the payment of any such taxes, assessments and other charges in <br /> the event of any contest are legally stayed during the period of such contest, such taxes, <br /> assessments and other charges may remain unpaid during the period of such contest <br /> and any appeal therefrom. <br />