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Updated over 3 years ago on . Most recent reply

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Austin Daniels
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Lease Revision to Insurance Limits

Austin Daniels
Posted

Hello BP Forum, we are reaching out for opinions and suggestions.   

We recently closed on an absolute triple net property with a remaining lease term of 11 years (of 15).  The lease contract stipulates that the tenant must carry insurance limits which are spelled out clearly.  Upon receiving the certificates, I realized that they were not in compliance.  Their corporate attorney contacted me and admitted that this had been an error in the writing of the lease contract a few years ago and their corporate limits are actually lower on the following:

1. Umbrella Liability limit of $100,000,000  --  tenant requesting to move to $50,000,000 limit

2. Extended Period of Indemnity for rental value (income) of 18 months - tenant is requesting to move to 12 months

I think I am ok to revise the limits but I think there should be something in this for me in order to mitigate the risk.  The tenant's attorney has asked that I propose a change which they will weigh against the cost of the additional rider for the 18months and $100M limits.   What do you guys recommend?    Reset lease term to 15 years?  Increase rent price? Collect 6 month deposit?    

Looking forward to your help and thanks in advance.

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