The Kings New York Gross Up Clause is an essential component to include in a base year lease agreement to ensure fairness and accuracy in calculating the tenant's share of operating expenses. This clause is designed to account for potential fluctuations in the property's expenses throughout the lease term. In its essence, the Kings New York Gross Up Clause allows the landlord to adjust the tenant's base year operating expenses to reflect a consistent level of occupancy, even if the actual occupancy fluctuates during the lease term. By doing so, the landlord can ensure a fair and accurate assessment of the tenant's proportionate share of operating expenses, regardless of the potential vacancy or occupancy changes over time. There are two common types of Kings New York Gross Up Clauses that can be employed in a base year lease: 1. Fixed Occupancy Gross Up Clause: This type of clause assumes a fixed occupancy rate for the property, typically the average occupancy rate during the base year. The landlord will calculate the operating expenses based on this fixed occupancy rate, regardless of the actual occupancy during the lease term. This clause provides stability and predictability for both parties and ensures that the tenant's expenses are based on a consistent level of occupancy. 2. Variable Occupancy Gross Up Clause: In contrast to the fixed occupancy gross up clause, this type of clause allows for the adjustment of operating expenses based on the actual occupancy rate during the lease term. The landlord will calculate the tenant's share of operating expenses by adjusting the base year expenses proportionally to the actual occupancy rate throughout the lease term. This clause provides flexibility and accuracy in reflecting the true expenses incurred during different occupancy levels. When considering which type of Kings New York Gross Up Clause to include in a base year lease, it is essential to carefully evaluate the specific needs and priorities of both the landlord and the tenant. Factors such as the property's historical occupancy rate, the potential for fluctuation in occupancy levels, and the desire for stability in expense calculations should all be taken into account. Overall, the Kings New York Gross Up Clause is a crucial provision in a base year lease that aims to ensure fairness and accuracy in calculating the tenant's proportionate share of operating expenses. Whether utilizing a fixed or variable occupancy gross up clause, this provision plays a fundamental role in establishing clear expectations and preventing disputes related to operational cost allocations.
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.