A New Mexico Shopping Center Lease Agreement with a percentage rent option is a legal contract that outlines the rental terms and conditions between a landlord and a tenant for a retail space located within a shopping center in the state of New Mexico. This type of lease agreement includes provisions for the tenant to pay a base rent amount in addition to a percentage of their gross sales as rent. The percentage rent option in New Mexico shopping center lease agreements allows for landlords to potentially increase their rental income based on the success and sales performance of their retail tenants. This provides an incentive for the tenant to thrive and encourages a mutually beneficial partnership between the landlord and the tenant. There are various types of New Mexico Shopping Center Lease Agreement — percentage rent options, including: 1. Graduated Percentage Rent: This option allows for the percentage of the gross sales to increase progressively as the tenant's sales increase. The percentage rate may vary depending on pre-determined sales thresholds or a set formula. 2. Fixed Percentage Rent: With this option, the tenant pays a fixed percentage of their gross sales as rent throughout the lease term. The percentage is predetermined and remains constant regardless of the tenant's sales performance. 3. Percentage Rent with a Cap: This type of lease agreement sets a maximum limit on the percentage of sales that the tenant has to pay as rent. Once the cap is reached, the tenant is not obligated to pay any additional percentage of their sales as rent. 4. Percentage Rent with a Breakpoint: In this option, there is a specific point, known as the breakpoint, at which the tenant starts paying a percentage of their sales as rent. Below the breakpoint, the tenant pays only the base rent amount. 5. Staggered Percentage Rent: This arrangement involves a different percentage rate for different sales brackets. For example, the percentage rate might be lower for sales up to a certain amount and then increase for sales beyond that threshold. When negotiating a New Mexico Shopping Center Lease Agreement with a percentage rent option, it is important for both the landlord and tenant to carefully consider and clarify the terms regarding calculation methods, reporting requirements, exclusions from gross sales, and other relevant factors to ensure a fair and transparent arrangement. Seeking legal advice and conducting thorough due diligence is crucial to creating a mutually beneficial agreement that protects the interests of both parties in the lease.