This form is for the lease of property to be used as a shopping center. The landlord warrants that the demised premises may be used, but not limited to such use, by tenant, among others, for the conduct of a mercantile business of the type and kind known as a variety store, discount store, dollar store or variety discount store.
1. Idaho Percentage Shopping Center Lease Agreement: A Comprehensive Overview The Idaho Percentage Shopping Center Lease Agreement is a legally binding document that governs the rental arrangements between the landlord and the tenant in a shopping center located in the state of Idaho. This agreement outlines the rights, duties, and responsibilities of both parties involved, ensuring a fair and harmonious commercial relationship. 2. Types of Idaho Percentage Shopping Center Lease Agreements: a. Gross Percentage Lease Agreement: This type of lease agreement requires the tenant to pay a predetermined percentage of their gross revenue as rent to the landlord. The percentage amount can vary based on negotiation, and typically includes a base rent along with a percentage-based component. b. Net Percentage Lease Agreement: In this lease agreement, the tenant is responsible for paying a base rent in addition to a percentage of their gross sales. However, unlike the gross percentage lease, the tenant is also responsible for paying a portion of the operating expenses, including taxes, utilities, and maintenance fees. c. Percentage Rent Provision: A percentage rent provision can be included as an addendum to either a gross or net percentage lease agreement. It stipulates that the tenant agrees to pay a percentage of their sales revenue as rent, usually when the sales exceed a specified threshold amount. 3. Key Components of the Idaho Percentage Shopping Center Lease Agreement: a. Parties Involved: The agreement should clearly identify the landlord/lessor and the tenant/lessee, providing their full legal names and contact details. b. Leased Premises: A detailed description of the leased premises within the shopping center, including the exact location, dimensions, and any specific restrictions or privileges associated with the space. c. Lease Term: The duration of the lease agreement, including the start and end dates, along with any provisions for renewal or termination. d. Rent Clause: The agreement should outline the rent payment details, including the base rent amount, any percentage-based rent, the frequency of rent payments, and acceptable payment methods. e. Operating Expenses: In the case of a net percentage lease, this clause specifies the tenant's obligations to contribute to the operating expenses of the shopping center, such as common area maintenance, insurance, utilities, and property taxes. f. Use Clause: This section identifies the permitted use of the leased premises, including any limitations or restrictions on the types of businesses that can operate within the shopping center. g. Maintenance and Repairs: The responsibilities of both the landlord and the tenant for the maintenance, repair, and upkeep of the leased premises and common areas should be clearly defined. h. Default and Termination: This section outlines the consequences of breach or default by either party and sets forth the termination rights along with any applicable notice periods. i. Additional Provisions: Any additional terms, conditions, or provisions agreed upon by both parties, such as exclusivity rights, signage rights, or any special privileges granted to the tenant. In conclusion, the Idaho Percentage Shopping Center Lease Agreement plays a crucial role in establishing a fair and transparent relationship between landlords and tenants in shopping centers across Idaho. Understanding the various types and key components of these lease agreements is vital for both landlords and tenants to ensure compliance and mitigate potential disputes.
1. Idaho Percentage Shopping Center Lease Agreement: A Comprehensive Overview The Idaho Percentage Shopping Center Lease Agreement is a legally binding document that governs the rental arrangements between the landlord and the tenant in a shopping center located in the state of Idaho. This agreement outlines the rights, duties, and responsibilities of both parties involved, ensuring a fair and harmonious commercial relationship. 2. Types of Idaho Percentage Shopping Center Lease Agreements: a. Gross Percentage Lease Agreement: This type of lease agreement requires the tenant to pay a predetermined percentage of their gross revenue as rent to the landlord. The percentage amount can vary based on negotiation, and typically includes a base rent along with a percentage-based component. b. Net Percentage Lease Agreement: In this lease agreement, the tenant is responsible for paying a base rent in addition to a percentage of their gross sales. However, unlike the gross percentage lease, the tenant is also responsible for paying a portion of the operating expenses, including taxes, utilities, and maintenance fees. c. Percentage Rent Provision: A percentage rent provision can be included as an addendum to either a gross or net percentage lease agreement. It stipulates that the tenant agrees to pay a percentage of their sales revenue as rent, usually when the sales exceed a specified threshold amount. 3. Key Components of the Idaho Percentage Shopping Center Lease Agreement: a. Parties Involved: The agreement should clearly identify the landlord/lessor and the tenant/lessee, providing their full legal names and contact details. b. Leased Premises: A detailed description of the leased premises within the shopping center, including the exact location, dimensions, and any specific restrictions or privileges associated with the space. c. Lease Term: The duration of the lease agreement, including the start and end dates, along with any provisions for renewal or termination. d. Rent Clause: The agreement should outline the rent payment details, including the base rent amount, any percentage-based rent, the frequency of rent payments, and acceptable payment methods. e. Operating Expenses: In the case of a net percentage lease, this clause specifies the tenant's obligations to contribute to the operating expenses of the shopping center, such as common area maintenance, insurance, utilities, and property taxes. f. Use Clause: This section identifies the permitted use of the leased premises, including any limitations or restrictions on the types of businesses that can operate within the shopping center. g. Maintenance and Repairs: The responsibilities of both the landlord and the tenant for the maintenance, repair, and upkeep of the leased premises and common areas should be clearly defined. h. Default and Termination: This section outlines the consequences of breach or default by either party and sets forth the termination rights along with any applicable notice periods. i. Additional Provisions: Any additional terms, conditions, or provisions agreed upon by both parties, such as exclusivity rights, signage rights, or any special privileges granted to the tenant. In conclusion, the Idaho Percentage Shopping Center Lease Agreement plays a crucial role in establishing a fair and transparent relationship between landlords and tenants in shopping centers across Idaho. Understanding the various types and key components of these lease agreements is vital for both landlords and tenants to ensure compliance and mitigate potential disputes.