Questions 33 and 34 go together: Cinnamon Properties LLC’s p…
Questions 33 and 34 go together: Cinnamon Properties LLC’s prototypical retail lease contains a _____________________ rent section which requires its tenants to pay an amount of rent above a pre-defined level of gross income earned. This section is extremely detailed and precise, and requires all tenants to submit their state sales tax returns to Cinnamon by the 20th of each month, with a check for the properly calculated amount to be included. Cinnamon has the right to audit its tenants’ financial records to confirm the tenants are reporting true, correct, and complete gross sales amounts. If, following an audit, Cinnamon determines a tenant’s gross sales as reported is greater than 3.0% above the amount reported, the affected tenant – in addition to immediately paying the entire deficient amount and interest back to the date the payment was due – must also pay the audit’s cost. While these lease provisions are negotiated “at arms-length” regarding business points and numbers, Cinnamon considers this concept a fundamental element of its leasing practices – so much so it includes this provision in its letters of intent – and will not accept any tenant with which it cannot reach mutual closure on this matter. (Select one answer only.)