Michigan Shopping Center Lease Agreement — Percentage Rent Option: A Comprehensive Guide Introduction: The Michigan Shopping Center Lease Agreement with a percentage rent option is a legal contract that governs the terms and conditions between a shopping center owner (landlord) and a business tenant. This agreement allows the tenant to pay a percentage of their sales revenue in addition to their base rent, providing an opportunity for both parties to share in the success of the business. In this article, we will delve into the specifics of the Michigan Shopping Center Lease Agreement — Percentage Rent Option, explaining its purpose, key elements, and different types. Key Elements of the Lease Agreement — Percentage Rent Option: 1. Calculation and Payment of Percentage Rent: The lease agreement outlines the formula for calculating the percentage rent, typically expressed as a certain percentage of the tenant's gross sales. The tenant is required to provide regular sales reports and make payments based on the agreed schedule, usually on a monthly or quarterly basis. 2. Base Rent and Minimum Rent: Alongside percentage rent, the lease agreement will specify a base rent, which is a fixed amount paid by the tenant regardless of their sales performance. Additionally, a minimum rent provision ensures that the landlord receives a certain level of income, even if the percentage rent falls below a predetermined threshold. 3. Percentage Rent Exclusions and Deductions: The lease agreement may identify certain exclusions or deductions from the gross sales when calculating the percentage rent. Common exclusions include sales taxes, returns, and discounts. These provisions aim to ensure a fair and accurate representation of the tenant's actual revenue. 4. Sales Reporting and Auditing: To ensure transparency and accuracy, the lease agreement typically requires the tenant to provide detailed sales reports. Landlords may reserve the right to audit these reports periodically to verify the accuracy of the tenant's calculations and compliance with the lease terms. Types of Michigan Shopping Center Lease Agreement — Percentage Rent Option: 1. Traditional Percentage Rent: This type of agreement offers tenants the opportunity to pay a percentage of their sales revenues in addition to the base rent. The agreed-upon percentage is fixed throughout the lease term, providing stability for both parties. 2. Graduated Percentage Rent: In a graduated percentage rent agreement, the percentage paid by the tenant increases as their sales revenue surpasses certain predetermined thresholds. This type of agreement incentivizes tenants to achieve higher sales volumes while allowing landlords to benefit from increased revenue. 3. Percentage Rent With Cap: This agreement sets a maximum limit on the amount of percentage rent that a tenant is required to pay. Once the tenant's sales revenue surpasses the cap, they are no longer obligated to pay a percentage rent on the additional sales. This type of agreement protects tenants from excessive rental costs while still allowing landlords to benefit from their business growth. Conclusion: The Michigan Shopping Center Lease Agreement — Percentage Rent Option serves as a crucial tool in establishing a fair and mutually beneficial relationship between shopping center owners and tenant businesses. By incorporating a percentage rent option, landlords can align their interests with the tenant's success, incentivizing the growth and prosperity of both parties. The various types of agreements allow for customization based on specific circumstances, balancing the risks and rewards associated with operating within a shopping center in Michigan.