The Chicago Illinois Gross Up Clause in a Base Year Lease is an essential provision that helps calculate and adjust operating expenses in commercial leases. It ensures fairness in cost allocation among tenants by accounting for potential fluctuations in the property's operating expenses during the lease term. Here are different types of Gross Up Clauses commonly used in Chicago, Illinois: 1. Basic Gross Up Clause: This type of clause takes the actual expenses incurred by the landlord during the base year (often the first year of the lease) and uses it as a benchmark for future years. The subsequent years' expenses are adjusted proportionately to account for the difference between the base year's actual expenses and the estimated expenses in the lease. 2. Variable Expense Gross Up Clause: In some situations, certain expenses like property taxes or insurance costs may vary significantly. A variable expense gross up clause allows the landlord to adjust these specific expenses before applying the gross up factor to other costs. This ensures that tenants pay their fair share of variable expenses. 3. Expense Stop Gross Up Clause: To limit their liability, landlords may use an expense stop clause. This clause sets a maximum cap on certain expenses, beyond which the tenant is not responsible, even with gross up adjustments. However, the expenses below the stop point are still subject to gross up calculations. 4. Subsidized Expense Gross Up Clause: In certain circumstances, the landlord may receive subsidies or credits that offset operating expenses. A subsidized expense gross up clause allows the landlord to adjust the expenses to their actual amount by subtracting the subsidies received. This ensures that tenants do not bear the costs of expenses already offset by subsidies. 5. Pass-through Expense Gross Up Clause: Some leases have provisions that allow landlords to pass through certain expenses, such as common area maintenance (CAM) costs or utilities, directly to the tenants. The gross up clause, in this case, ensures that tenants pay their fair share by spreading any increase in these expenses across the lease term proportionately. In summary, the Chicago Illinois Gross Up Clause in a Base Year Lease is a crucial component for fair cost allocation among tenants. The type of gross up clause used depends on various factors, including the nature of expenses, potential fluctuations, and any subsidies or pass-through provisions within the lease agreement.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.