A Washington Shopping Center Lease Agreement is a legally binding contract between a tenant (usually a retail business) and the owner or management of a shopping center in Washington state. This agreement outlines the terms and conditions for the tenant to lease a retail space within the shopping center, including the option to pay a percentage of their sales as rent rather than a fixed amount. The percentage rent option allows tenants to pay a base rent, typically a fixed amount, along with an additional percentage of their monthly or annual sales revenue. This arrangement is more common in retail leasing agreements, as it ties the tenant's rent to their business performance. It provides an opportunity for tenants to pay a lower rent when sales are slow, and higher rent when sales exceed a certain threshold. In Washington state, different types of Shopping Center Lease Agreements with the percentage rent option may include the following: 1. Gross Sales Percentage Rent: This type of lease agreement calculates the percentage rent based on the tenant's total sales revenue, regardless of the source (in-store, online, etc.). The tenant pays a predetermined percentage of their gross sales as rent. 2. Minimum Rent with Overage Percentage Rent: This type involves a minimum base rent that the tenant must pay regardless of their sales. In addition to the base rent, if the tenant's sales exceed a certain predetermined amount, they are required to pay an additional percentage of the sales as overage rent. 3. Sliding Scale Percentage Rent: This lease agreement uses a sliding scale to determine the percentage rent. The percentage increases or decreases depending on the tenant's sales performance. For example, the percentage rent may start at 5% for sales up to a certain threshold and gradually increase to 10% for sales exceeding another threshold. 4. Step-Up Percentage Rent: This type of lease agreement sets predefined sales thresholds at which the percentage rent increases. It offers tenants a lower percentage rent at the initial stages of their business but gradually increases as their sales grow. This encourages the tenant to increase their sales revenue while rewarding them with a lower rent during the initial stages. When entering into a Washington Shopping Center Lease Agreement that includes the percentage rent option, it is crucial for both parties to clearly define the calculation method, reporting requirements, sales verification procedures, and any limitations or exclusions for the percentage rent. Seeking legal advice is highly recommended ensuring compliance with state laws and protection of the tenant's and landlord's rights.