Question
3. Assume the same facts described in Question #2, except that the annual lease payment is paid to the Lessor and is a fixed amount
3. Assume the same facts described in Question #2, except that the annual lease payment is paid to the Lessor and is a fixed amount of $400,000. The contract specifies that the annual fixed payment includes rent of $300,000, insurance of $30,000 and real estate taxes of $70,000. Are the real estate taxes and the insurance costs separate components of the lease contract?
Facts from Question #2: Lessor and Lessee enter into a seven-year lease for a small office building. The contract designates in addition to rental payments to the Lessor, the Lessee is required to pay real estate taxes and the insurance for the building directly to third parties. The real estate taxes would be owed by Lessor, regardless of whether it leased the building and regardless of to whom it leased the building. Lessor is the named insured on the buildings insurance policy (that is, the insurance protects Lessors investment in the building and Lessor would receive the proceeds from any claim). The annual lease payments are fixed at $300,000 per year, while the annual real estate taxes and insurance premium will vary and will be billed by third parties to Lessee each year.
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