Common use of Property Taxes and Assessments Clause in Contracts

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general property taxes that are or will be assessed against the entire existing tax parcel that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers to the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from Xxxxxx’s proceeds at Closing and paid directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is not ascertainable and payable at the time of Closing shall be estimated and (to the extent attributed to the Property) paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, further, if this purchase involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent collect at Closing each party’s respective share of the estimated Parent Parcel Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing to the extent attributed to the Property and not paid via escrow or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum with portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion attributed to the Property. For purposes of this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for a calendar year; and (ii) the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data).

Appears in 1 contract

Samples: Agreement to Purchase

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Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general General property taxes and special assessments, if any, that have been or will be assessed against any tax parcel(s) that comprise(s) or include(s) any part of the Property for the calendar year in which the Closing occurs (and any prior year) and that are or will be assessed against the entire existing tax parcel that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers payable to the Taxes for county, a municipality or any special district existing pursuant to state law (collectively, “Taxes”) shall be prorated to the date of Closing on a calendar year 2022 (due in 2023) basis. Seller shall pay the Taxes and/or Estimated Taxes attributed to the period up to and all prior years and Assessments last payable without a penalty on or before including the day of Closing; and (d) “Parent Parcel Taxes” refers . Buyer shall pay all Taxes attributed to the period after Closing to the extent attributed to the Property. With respect to any unpaid Taxes that, that are ascertainable and payable at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s share of such Taxes (and, if this sale involves a tax parcel split, Buyer’s share of such Taxes to the extent attributed to the Property) shall be withheld collected by the Closing Agent from Xxxxxx’s proceeds at Closing the applicable party and paid directly to the county treasurer; providedappropriate tax collection office. For purposes of this Section, however, the amount of any portion of Seller’s Taxes that is are not ascertainable and payable at the time of Closing shall be estimated and based on the amount last billed for a calendar year (“Estimated Taxes”). Seller’s share of the Estimated Taxes, to the extent attributed to the Property) , shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split split, Seller may elect to have the Estimated Taxes paid pursuant to an escrow arrangement approved by Seller. If Seller so elects then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent shall collect from Seller and Buyer at Closing each party’s their respective share shares of the estimated Parent Parcel Estimated Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing. In any event, Buyer shall then pay all Taxes when billed after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing (to the extent attributed to the Property and to the extent not paid via escrow escrow) and any shortage or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid by Seller at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of the balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Agreement to Purchase

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general General property taxes that are have been or will be assessed against any tax parcel(s) that comprise(s) or include(s) any part of the entire existing tax parcel Property and any special assessments that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are have been or will be assessed against any such tax parcel; parcel(s) and are or will be payable to the county, a municipality or any special district existing pursuant to state law (ccollectively, “Taxes”) “Seller’s shall be prorated to the date of Closing on a calendar year basis. Seller shall pay the Taxes and/or Estimated Taxes attributed to the period up to and including the day of Closing. Buyer shall pay all Taxes attributed to the period after Closing to the extent attributed to the Property. With respect to any unpaid Taxes that are ascertainable and payable at the time of Closing, the Closing Agent shall collect from each party their respective shares of such Taxes” refers , to be paid directly to the appropriate tax collection office. If the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before which the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, Closing occurs are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from Xxxxxx’s proceeds at Closing and paid directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is not ascertainable and payable at the time of Closing Closing, such Taxes shall be estimated and based on the amount last billed for a calendar year (“Estimated Taxes”). Seller’s share of the Estimated Taxes, to the extent attributed to the Property) , shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split split, Seller may elect to have the Estimated Taxes paid pursuant to an escrow arrangement approved by Seller. If Seller so elects then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent shall collect from Seller and Buyer at Closing each party’s their respective share shares of the estimated Parent Parcel Estimated Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing. In any event, Xxxxx shall then pay all Taxes when billed after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing (to the extent attributed to the Property and to the extent not paid via escrow escrow) and any shortage or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid by Seller at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of the balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Agreement to Purchase

Property Taxes and Assessments. For purposes of this Agreement“Taxes” refers to: (a) “Taxes” refers to general real property taxes and special assessments, if any, that are have been or will be assessed against the entire existing tax parcel parcel(s) that includes or comprises include any part of the Property; and (b) “Assessments” refers to special assessments, including drainage board assessments, any personal property taxes that are have been or will be assessed against such tax parcel; (c) any property included with this purchase. “Seller’s Taxes” refers to the all Taxes assessed for and attributed to the calendar year 2022 (2020, including Taxes assessed for 2020 and due in 2023) 2021 (“2020 Taxes”), and all prior years any unpaid Taxes and/or penalties for any earlier period. Any unpaid Seller’s Taxes, to the extent ascertainable and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from XxxxxxSeller’s proceeds at Closing and paid by the Closing Agent directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is appropriate tax collection office. If not ascertainable and payable at the time of Closing Closing, the 2020 Taxes shall be estimated based on 100% of the amount last billed for a calendar year and the amount thus estimated (to the extent attributed to the Property) shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have deliver to the Closing Agent collect at Closing each party’s respective share the entire amount of the estimated Parent Parcel Taxes, 2020 Taxes (including but not limited to be either the portion attributed to the Property) to be: (a) held in escrow and applied towards payment of the Parent Parcel 2020 Taxes when billed after Closing closing; or (b) paid directly to the county treasurer appropriate tax collection office as an estimated prepayment of the Parent Parcel 2020 Taxes. Buyer In any event, Xxxxx shall then pay all Taxes and Assessments when due after Closing (to the extent attributed to the Property and not paid via escrow or estimated direct prepayment. After Closing, if ) and any Parent Parcel Taxes are billed as a lump sum shortage or surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to any other real estate in addition to the Property, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of any balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Agreement to Purchase

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general property Property taxes and special assessments that are or will be assessed against the entire existing any tax parcel that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers to the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before the day any part of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes (“Taxes”) shall be withheld from XxxxxxSeller’s proceeds at Closing and paid directly to the county treasurer; provided, however, treasurer to the extent any portion of Seller’s such Taxes that is not ascertainable are or were due and payable in 2020 (or earlier) and are unpaid at the time of Closing Closing. The 2020 Taxes due in 2021 shall be estimated based on 100% of the 2019 taxes billed in 2020 and (the amount thus estimated, to the extent attributed to the Property) , shall be paid by Seller via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split then, in lieu of a credit to Buyer at Closingsplit, Seller may elect instead to have deliver the estimated 2020 Taxes to the Closing Agent collect at Closing each party’s respective share of the estimated Parent Parcel Taxes, to be either be: (i) held in escrow and applied towards payment of the Parent Parcel 2020 Taxes when billed after Closing Closing; or (ii) paid directly to the county treasurer as an estimated prepayment of the Parent Parcel 2020 Taxes. In any event, Buyer shall pay all Taxes and Assessments when due after Closing (to the extent attributed to the Property and not paid via escrow or estimated direct prepayment. After Closing, if ) and any Parent Parcel Taxes are billed as a lump sum shortage or surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of the balance due and Buyer shall pay the portion attributed to the Property. AS BETWEEN BUYER AND SELLER, ANY ESTIMATED CREDIT OR PAYMENT AT CLOSING SHALL NOT BE SUBJECT TO ANY FURTHER SETTLEMENT OR ADJUSTMENT AFTER CLOSING EVEN THOUGH THE AMOUNT ESTIMATED AT CLOSING MAY VARY FROM THE ACTUAL AMOUNT DUE ONCE THE TAX RATES AND/OR ASSESSMENTS ARE FINALIZED. SELLER SHALL HAVE NO OBLIGATION WITH RESPECT TO ANY TAXES BILLED AFTER CLOSING.

Appears in 1 contract

Samples: Form of Agreement

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general ad valorem property taxes and special assessments that are or will be assessed against and attributable to the entire existing tax parcel parcel(s) that includes or comprises include any part of the Property; (b) “Assessments” refers to special assessmentsProperty and any related fees, including drainage board assessments, that penalties and interest. Any Taxes which are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers to the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, unpaid at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes Closing shall be withheld from XxxxxxSeller’s proceeds at Closing and paid directly to the county treasurer; provided, however, any portion of Seller’s appropriate tax collection office. The 2016 Taxes that is not ascertainable and payable at the time of Closing to become due in 2017 shall be estimated based on 100% of the amount last billed for a calendar year and the amount thus estimated shall be paid by Seller at or prior to Closing pursuant to one of the following methods as elected by Seller in its sole discretion: (a) to the extent attributed to the Property) paid Buyer via credit against the sums Purchase Price (subject to any applicable tax parcel split); or (b) to the Closing Agent pursuant to an escrow agreement providing for the application of escrow funds towards the payment of the 2016 Taxes when billed after Closing; or (c) directly to the appropriate tax collection office as an estimated prepayment of the 2016 Taxes. Buyer shall then pay all Taxes which become due from after Closing to the extent attributable to the Property (and to the extent not paid via escrow or estimated prepayment as described above). As between Buyer at Closingand Seller, with no the 2016 Taxes shall not be subject to further settlement or adjustment after Closing; provided. When the 2016 Taxes are billed after Closing, further, if this purchase any shortage or surplus with respect to the estimated amount paid by Seller at Closing shall be paid or retained by or refunded to Buyer to the extent attributable to the Property. If the conveyance of the Property involves a tax parcel split thensplit, in lieu of a any such credit to Buyer at Closing, Seller may elect to have the Closing Agent collect at Closing each party’s respective share of the estimated Parent Parcel Taxes, to be either held in escrow and applied towards and/or payment of the Parent Parcel Taxes when billed or refund after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing to the extent attributed to the Property and not paid via escrow or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum with portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion attributed to the Property. For purposes of this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on allocated between the amounts last billed for a calendar year; and (ii) the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split shall be newly-created parcels based on a parcel split calculation provided by the appropriate property tax official (or, if an official a parcel split calculation is not availableprovided by such tax official, based on an estimated parcel split calculation using available assessment data). If any Taxes are billed after Closing in a manner that does not reflect the parcel split, Buyer shall cooperate with the other owner(s) of land from the same parent parcel to facilitate the timely payment of such Taxes in accordance with this Agreement. If the Property includes any tract(s) affected by the Xxxxxxxxxx Drainage & Levee District Additional Assessments for Pump Project-2013 (recorded in Xxxxxx County as Document Number 1357177) and/or the Xxxx Xxxxxxxx Xxxxxxxx & Xxxxx Xxxxxxxx Additional Assessments for Pump Project-2013 (recorded in Xxxxxx County as Document Number 1357179), Seller shall pay the entire remaining balance due with respect to such additional assessments at or prior to Closing notwithstanding any other provision.

Appears in 1 contract

Samples: Agreement to Purchase

Property Taxes and Assessments. For purposes of this Agreement“Taxes” refers to: (a) “Taxes” refers to general real property taxes and special assessments, if any, that are have been or will be assessed against the entire existing tax parcel parcel(s) that includes or comprises include any part of the Property; and (b) “Assessments” refers to special assessments, including drainage board assessments, any personal property taxes that are have been or will be assessed against such tax parcel; (c) any property included with this purchase. “Seller’s Taxes” refers to the all Taxes assessed for and attributed to the calendar year 2022 (2020, including Taxes assessed for 2020 and due in 2023) 2021 (“2020 Taxes”), and all prior years any unpaid Taxes and/or penalties for any earlier period. Any unpaid Seller’s Taxes, to the extent ascertainable and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from XxxxxxSeller’s proceeds at Closing and paid by the Closing Agent directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is appropriate tax collection office. If not ascertainable and payable at the time of Closing Closing, the 2020 Taxes shall be estimated based on 100% of the amount last billed for a calendar year and the amount thus estimated (to the extent attributed to the Property) shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have deliver to the Closing Agent collect at Closing each party’s respective share the entire amount of the estimated Parent Parcel Taxes, 2020 Taxes (including but not limited to be either the portion attributed to the Property) to be: (a) held in escrow and applied towards payment of the Parent Parcel 2020 Taxes when billed after Closing closing; or (b) paid directly to the county treasurer appropriate tax collection office as an estimated prepayment of the Parent Parcel 2020 Taxes. In any event, Buyer shall then pay all Taxes and Assessments when due after Closing (to the extent attributed to the Property and not paid via escrow or estimated direct prepayment. After Closing, if ) and any Parent Parcel Taxes are billed as a lump sum shortage or surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to any other real estate in addition to the Property, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of any balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Agreement to Purchase

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general General property taxes that are have been or will be assessed against any tax parcel(s) that comprise(s) or include(s) any part of the entire existing tax parcel Property and any special assessments that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are have been or will be assessed against any such tax parcel; parcel(s) and are or will be payable to the county, a municipality or any special district existing pursuant to state law (ccollectively, “Taxes”) “Seller’s shall be prorated to the date of Closing on a calendar year basis. Seller shall pay the Taxes and/or Estimated Taxes attributed to the period up to and including the day of Closing. Buyer shall pay all Taxes attributed to the period after Closing to the extent attributed to the Property. With respect to any unpaid Taxes that are ascertainable and payable at the time of Closing, the Closing Agent shall collect from each party their respective shares of such Taxes” refers , to be paid directly to the appropriate tax collection office. If the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before which the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, Closing occurs are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from Xxxxxx’s proceeds at Closing and paid directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is not ascertainable and payable at the time of Closing Closing, such Taxes shall be estimated and based on the amount last billed for a calendar year (“Estimated Taxes”). Seller’s share of the Estimated Taxes, to the extent attributed to the Property) , shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split split, Seller may elect to have the Estimated Taxes paid pursuant to an escrow arrangement approved by Seller. If Seller so elects then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent shall collect from Seller and Buyer at Closing each party’s their respective share shares of the estimated Parent Parcel Estimated Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing. In any event, Buyer shall then pay all Taxes when billed after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing (to the extent attributed to the Property and to the extent not paid via escrow escrow) and any shortage or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid by Seller at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of the balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Agreement to Purchase

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general General property taxes and special assessments, if any, that have been or will be assessed against any tax parcel(s) that comprise(s) or include(s) any part of the Property for the calendar year in which the Closing occurs (and any prior year) and that are or will be assessed against the entire existing tax parcel that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers payable to the Taxes for county, a municipality or any special district existing pursuant to state law (collectively, “Taxes”) shall be prorated to the date of Closing on a calendar year 2022 (due in 2023) basis. Seller shall pay the Taxes and/or Estimated Taxes attributed to the period up to and all prior years and Assessments last payable without a penalty on or before including the day of Closing; and (d) “Parent Parcel Taxes” refers . Buyer shall pay all Taxes attributed to the period after Closing to the extent attributed to the Property. With respect to any unpaid Taxes that, that are ascertainable and payable at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s share of such Taxes (and, if this sale involves a tax parcel split, Xxxxx’s share of such Taxes to the extent attributed to the Property) shall be withheld collected by the Closing Agent from Xxxxxx’s proceeds at Closing the applicable party and paid directly to the county treasurer; providedappropriate tax collection office. For purposes of this Section, however, the amount of any portion of Seller’s Taxes that is are not ascertainable and payable at the time of Closing shall be estimated and based on the amount last billed for a calendar year (“Estimated Taxes”). Seller’s share of the Estimated Taxes, to the extent attributed to the Property) , shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split split, Seller may elect to have the Estimated Taxes paid pursuant to an escrow arrangement approved by Seller. If Seller so elects then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent shall collect from Seller and Buyer at Closing each party’s their respective share shares of the estimated Parent Parcel Estimated Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing. In any event, Xxxxx shall then pay all Taxes when billed after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing (to the extent attributed to the Property and to the extent not paid via escrow escrow) and any shortage or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid by Seller at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of the balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Agreement to Purchase

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Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general property taxes and special assessments, if any, that are have been or will be assessed against the entire existing tax parcel parcel(s) that includes or comprises include any part of the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) . “Seller’s Taxes” refers to the all Taxes assessed for the calendar year 2022 (2020, including Taxes assessed for 2020 and due in 2023) 2021 (“2020 Taxes”), and all prior years any unpaid Taxes and/or penalties for any earlier period. Any unpaid Seller’s Taxes, to the extent ascertainable and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from XxxxxxSeller’s proceeds at Closing and paid by the Closing Agent directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is appropriate tax collection office. If not ascertainable and payable at the time of Closing Closing, the 2020 Taxes shall be estimated based on 100% of the amount last billed for a calendar year and the amount thus estimated (to the extent attributed to the Property) shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have deliver to the Closing Agent collect at Closing each party’s respective share the entire amount of the estimated Parent Parcel Taxes, 2020 Taxes (including but not limited to be either the portion attributed to the Property) to be: (a) held in escrow and applied towards payment of the Parent Parcel 2020 Taxes when billed after Closing closing; or (b) paid directly to the county treasurer appropriate tax collection office as an estimated prepayment of the Parent Parcel 2020 Taxes. Buyer In any event, Xxxxx shall then pay all Taxes and Assessments when due after Closing (to the extent attributed to the Property and not paid via escrow or estimated direct prepayment. After Closing, if ) and any Parent Parcel Taxes are billed as a lump sum shortage or surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to any other real estate in addition to the Property, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of any balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Form of Agreement

Property Taxes and Assessments. For purposes Tenant shall pay, before they become delinquent, any and all property taxes or assessments, and any other governmental charges, fees or expenses (collectively, the "Taxes"), levied or assessed on any improvements on the Demised Premises, the personal property and fixtures on the Demised Premises, and, if applicable, upon the leasehold estate of Tenant created hereby. Upon the request of Landlord, Tenant shall from time to time furnish to Landlord "paid receipts" or other written evidence that all such taxes have been paid by Tenant. In the event Tenant shall fail to pay any such taxes, assessments, or charges prior to delinquency, Landlord shall have the right to pay (but not the obligation) or may cause all taxes, assessments, or charges to be paid and the reasonable costs thereof expended by Landlord plus interest thereon as provided in Section 39 of this Agreement: (a) “Lease shall be paid by Tenant on demand. Subject to the payment of any outstanding Taxes” refers , Tenant may protest, appeal or institute other formal proceedings to general property effect a reduction or abatement of real estate taxes that are or will be assessed and assessments with respect to real estate taxes and assessments levied against the entire existing improvements on the Demised Premises and/or the Tenant's leasehold interest in the Lease for any tax parcel fiscal year that includes ends after the Commencement Date of this Lease. Such protest, appeal or comprises other proceedings may be conducted only in the Property; name of Tenant. To this end and at Tenant's expense, Tenant shall give Landlord written notice of any such protest or appeal and resolution thereof. Notwithstanding the foregoing, Tenant shall not contest the determination that the buildings and/or improvements are subject to taxation. If a final (bnon-appealable) “Assessments” refers determination is rendered by DCAD or a court of appropriate and competent jurisdiction that any such buildings or other improvements are not subject to special assessmentsproperty taxation, including drainage board assessments, that are or will the rent (as the same may be assessed against adjusted) for the year in which such tax parcel; (c) “Seller’s Taxes” refers final determination becomes effective shall be increased by an amount equal to the Taxes property tax revenue from such buildings and improvements that Tenant would have paid to the Town of Addison, Texas in that year but for the calendar year 2022 such final determination (due in 2023) and all prior years and Assessments last payable without a penalty such initial increased amount shall be paid to Landlord on or before December 31 of such year, unless otherwise agreed to by Landlord); thereafter, the day of Closing; and rent (das the same may be adjusted) “Parent Parcel Taxes” refers as so increased shall continue, subject to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from Xxxxxx’s proceeds at Closing and paid directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is not ascertainable and payable at the time of Closing shall be estimated and (to the extent attributed to the Property) paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, further, if as set forth in this purchase involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent collect at Closing each party’s respective share of the estimated Parent Parcel Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing or paid directly to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Buyer shall pay all Taxes and Assessments due after Closing to the extent attributed to the Property and not paid via escrow or estimated prepayment. After Closing, if any Parent Parcel Taxes are billed as a lump sum with portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion attributed to the Property. For purposes of this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for a calendar year; and (ii) the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data)Lease.

Appears in 1 contract

Samples: Ground Lease Agreement

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general property taxes that are or will be assessed against the entire existing tax parcel that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers to the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the All Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from Xxxxxx’s proceeds apportioned on the basis of the tax period for which assessed and, unless otherwise specified herein, such apportionment shall be on a calendar year basis. If the Closing Date shall occur either before an assessment is made or a tax rate is fixed for the tax period in which the Closing Date occurs (the "TAX YEAR"), the apportionment of such Property Taxes based thereon shall be made at the Closing and paid directly Date by applying the tax rate for the preceding tax year to the county treasurer; providedlatest assessed valuation, howeverbut, any portion of Seller’s Taxes that is not ascertainable and payable at promptly after the time of Closing assessment and/or tax rate for the Tax Year are fixed, the apportionment thereof shall be estimated recalculated. If, after the Closing, the assessed valuation for the Tax Year is increased or reduced from the prior tax year, then the apportionment of such real estate taxes shall be recalculated, and (Buyer or Sellers, as the case may be shall make an appropriate payment to the extent attributed other (based on such recalculation) within ten (10) Business Days of Buyer's and Sellers' receipt of such new assessment and/or tax rate. Any Property Tax refund received by Buyer attributable to the Property) paid via credit against Tax Year shall be prorated between Buyer and Sellers. Sellers shall pay all Assessments for the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, further, if this purchase involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent collect at Closing each party’s respective share of the estimated Parent Parcel Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing or paid directly period prior to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Apportionment Date and Buyer shall pay all Taxes and Assessments due after Closing for the period subsequent to the extent attributed to the Property Apportionment Date. Assessments shall mean all levies or charges of every kind and nature, including, but not paid via escrow or estimated prepayment. After Closinglimited to, if any Parent Parcel Taxes are billed as a lump sum with portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion attributed to the Property. For purposes of this Agreementassessments for: (i) public improvements or benefits; (ii) for any estimate easement or agreement maintained for the benefit of Taxes and/or Assessments shall be based on the amounts last billed for a calendar yearParcel; and (iiiii) association fees, permits, inspection and license fees, general or special assessments, water, sewer and other utility levies and charges, ground rents or other rents, excise tax levies, and all other governmental charges of every kind and nature, whether general or special, ordinary or extraordinary, or foreseen or unforeseen, in connection with the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data)Parcel.

Appears in 1 contract

Samples: Purchase Agreement (Windrose Medical Properties Trust)

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general property taxes that are or will be assessed against the entire existing tax parcel that includes or comprises the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) “Seller’s Taxes” refers to the Taxes for the calendar year 2022 (due in 2023) and all prior years and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the All Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from Xxxxxx’s proceeds apportioned on the basis of the tax period for which assessed and, unless otherwise specified herein, such apportionment shall be on a calendar year basis. If the Closing Date shall occur either before an assessment is made or a tax rate is fixed for the tax period in which the Closing Date occurs (the "TAX YEAR"), the apportionment of such Property Taxes based thereon shall be made at the Closing and paid directly Date by applying the tax rate for the preceding tax year to the county treasurer; providedlatest assessed valuation, howeverbut, any portion of Seller’s Taxes that is not ascertainable and payable at promptly after the time of Closing assessment and/or tax rate for the Tax Year are fixed, the apportionment thereof shall be estimated recalculated. If, after the Closing, the assessed valuation for the Tax Year is increased or reduced from the prior tax year, then the apportionment of such real estate taxes shall be recalculated, and (Buyer or Seller, as the case may be shall make an appropriate payment to the extent attributed other (based on such recalculation) within ten (10) Business Days of Buyer's and Seller's receipt of such new assessment and/or tax rate. Any Property Tax refund received by Buyer attributable to the Property) paid via credit against Tax Year shall be prorated between Buyer and Seller. Seller shall pay all Assessments for the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, further, if this purchase involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have the Closing Agent collect at Closing each party’s respective share of the estimated Parent Parcel Taxes, to be either held in escrow and applied towards payment of the Parent Parcel Taxes when billed after Closing or paid directly period prior to the county treasurer as an estimated prepayment of the Parent Parcel Taxes. Apportionment Date and Buyer shall pay all Taxes and Assessments due after Closing for the period subsequent to the extent attributed to the Property Apportionment Date. Assessments shall mean all levies or charges of every kind and nature, including, but not paid via escrow or estimated prepayment. After Closinglimited to, if any Parent Parcel Taxes are billed as a lump sum with portions attributed to the Property and other real estate, Buyer shall cooperate with the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion attributed to the Property. For purposes of this Agreementassessments for: (i) public improvements or benefits; (ii) for any estimate easement or agreement maintained for the benefit of Taxes and/or Assessments shall be based on the amounts last billed for a calendar yearParcel; and (iiiii) association fees, permits, inspection and license fees, general or special assessments, water, sewer and other utility levies and charges, ground rents or other rents, excise tax levies, and all other governmental charges of every kind and nature, whether general or special, ordinary or extraordinary, or foreseen or unforeseen, in connection with the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data)Parcel.

Appears in 1 contract

Samples: Purchase Agreement (Windrose Medical Properties Trust)

Property Taxes and Assessments. For purposes of this Agreement: (a) “Taxes” refers to general property taxes and special assessments, if any, that are have been or will be assessed against the entire existing tax parcel parcel(s) that includes or comprises include any part of the Property; (b) “Assessments” refers to special assessments, including drainage board assessments, that are or will be assessed against such tax parcel; (c) . “Seller’s Taxes” refers to the all Taxes assessed for the calendar year 2022 (2020, including Taxes assessed for 2020 and due in 2023) 2021 (“2020 Taxes”), and all prior years any unpaid Taxes and/or penalties for any earlier period. Any unpaid Seller’s Taxes, to the extent ascertainable and Assessments last payable without a penalty on or before the day of Closing; and (d) “Parent Parcel Taxes” refers to any Taxes that, at the time of Closing, are not yet ascertainable and payable but constitute a lien against the Property and other real estate. Any unpaid Seller’s Taxes shall be withheld from XxxxxxSeller’s proceeds at Closing and paid by the Closing Agent directly to the county treasurer; provided, however, any portion of Seller’s Taxes that is appropriate tax collection office. If not ascertainable and payable at the time of Closing Closing, the 2020 Taxes shall be estimated based on 100% of the amount last billed for a calendar year and the amount thus estimated (to the extent attributed to the Property) shall be paid via credit against the sums due from Buyer at Closing, with no further settlement or adjustment after Closing; provided, furtherhowever, if this purchase sale involves a tax parcel split then, in lieu of a credit to Buyer at Closing, Seller may elect to have deliver to the Closing Agent collect at Closing each party’s respective share the entire amount of the estimated Parent Parcel Taxes, 2020 Taxes (including but not limited to be either the portion attributed to the Property) to be: (a) held in escrow and applied towards payment of the Parent Parcel 2020 Taxes when billed after Closing closing; or (b) paid directly to the county treasurer appropriate tax collection office as an estimated prepayment of the Parent Parcel 2020 Taxes. In any event, Buyer shall then pay all Taxes and Assessments when due after Closing (to the extent attributed to the Property and not paid via escrow or estimated direct prepayment. After Closing, if ) and any Parent Parcel Taxes are billed as a lump sum shortage or surplus with portions attributed respect to the Property and other real estate, estimated amount credited or paid at Closing shall be paid or retained by or refunded to Buyer shall cooperate with (to the owner(s) of the other real estate to facilitate the allocation and timely payment of the balance due and Buyer shall pay the portion extent attributed to the Property). For purposes of If this Agreement: (i) any estimate of Taxes and/or Assessments shall be based on the amounts last billed for sale involves a calendar year; and (ii) tax parcel split, the extent to which any Taxes and/or Assessments are attributed to any new parcel resulting from a split the Property shall be based on a split calculation provided by the appropriate property tax official (or, if an official split calculation is not available, based on an estimated split calculation using available assessment data). If the billing of any Taxes after Closing includes portions attributed to any other real estate in addition to the Property, Buyer shall cooperate with the owner(s) of such other real estate to facilitate timely payment of any balance due and Buyer shall pay the portion attributed to the Property.

Appears in 1 contract

Samples: Form of Agreement

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