Question
This lease is made this 1 st day of Oct 2019, by and between the Mohegan Sun (Landlord), and ABC, Inc. (Tenant). Premises Landlord hereby
This lease is made this 1st day of Oct 2019, by and between the Mohegan Sun (Landlord), and ABC, Inc. (Tenant).
Premises
Landlord hereby leases to Tenant and Tenant hereby rents from landlord the Space, which includes approximately 10,000 square feet of gross leasable area.
Term
This Lease shall be effective as of the 1st day of October, 2019 (commencement date), and shall end at midnight December 31, 2024, unless terminated by mutual agreement of the parties or otherwise extended in accordance with the Renewal Term.
Renewal Term
Tenant shall have the right and option to extend this lease for two (2) periods of five (5) years each. Tenant shall give landlord written notice of such intention at least six (6) months, but no more than twelve (12) months, prior to the last day of the lease term then in effect.
Landlords Work
Landlord hereby delivers the premises in as is condition with all faults and tenant hereby accepts the premises in such condition. Notwithstanding anything herein to the contrary, tenant has agreed to build-out certain aspects of the premises that will be hereinafter defined and considered landlords work (Landlords Work), namely the base flooring for the premises and the installation of vertical transportation systems, including the adjacent staircase. The specific and direct costs for these certain aspects of the build-out will be broken out, itemized, priced, and set forth on a document during the plan review and approval process. Landlord agrees to allow tenant the right to offset against rent otherwise due and owing by Tenant to Landlord under this lease at one hundred fifty percent (150%) of the direct costs for the portion of work done by Tenant to the premises that fall within the definition of Landlords Work.
Tenants Work
Tenant hereby agrees to design and build-out the premises into a maple syrup store for casino patrons (Tenants Work). Tenants work includes costs paid to independent third parties in connection with Tenants Work, e.g. architect, engineer, outside project manager, and related costs. Landlord agrees to allow Tenant the right to offset against rent otherwise due and owing by Tenant to Landlord under this lease at one hundred percent (100%) of each dollar of Tenants construction costs expended by Tenant on the premises.
Rent
Commencing on the first day the premises opens to the public, Tenant covenants and agrees to pay to Landlord, without notice or demand and without set-off or counterclaim except as expressly provided herein, at Landlords address for notice, as base rent for the premises, an amount equal to the higher of (i) nine percent (9%) of Tenant gross sales during each calendar year, or (ii) $4,500*(1+n/50) where n is the lease year, prorated for partial years. All lease payments are payable at the end of each month.
Assumptions
Fair value of the leased asset is $50,000
Economic useful life is 15 Years
Tenants incremental borrowing rate is 5%
Landlords implicit rate is 6%
Tenant does not have any knowledge of landlords implicit rate.
Tenant is granted access to the premises to build both Landlords Work and Tenants Work on October 1, 2019. Landlords Work is completed on January 1, 2020 while Tenants Work is completed on April 30, 2020. The premises opens to the public on May 1, 2020.
The cost of Landlords Work is $10,000, while the cost of Tenants Work is $5,000. Therefore, tenant receives $20,000 credits to offset future rent. The credits are approved by the landlord on the commencement date of the lease.
It is not reasonably certain that the tenant will exercise the renewal option.
Gross sales for the first 7 years as follow. All sales are evenly incurred throughout the years.
2020: $30,000
2021: $60,000
2022: $72,000
2023: $65,000
2024: $85,000
2025: $73,000
2026: $30,000
- Perform lease classification test as tenant.
- Perform lease classification test as landlord.
- Record landlords entry (entries) on the commencement date.
- Record tenants entry (entries) on the commencement date. )
- Prepare monthly lease asset and liability amortization schedules for tenant.
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