Keyword: Nassau New York Gross Up Clause in Base Year Lease Nassau County, New York, is a county located on Long Island, just east of New York City. When it comes to commercial leases in Nassau County, property owners and tenants often consider including a Gross Up Clause in their agreements. A Gross Up Clause in a Base Year Lease is a provision that allows the property owner to adjust the tenant's operating expenses in the base year to account for changes in expenses during subsequent years. It ensures that the tenant pays a fair share of expenses, even if those expenses increase over time. Here are some types of Nassau New York Gross Up Clauses that can be used in a Base Year Lease: 1. Fixed Percentage Gross Up Clause: This type of clause determines the tenant's share of operating expenses as a fixed percentage of the total expenses for each year. For example, if the tenant's space represents 10% of the total leasable area in a building, the clause may require the tenant to pay 10% of the total operating expenses for each year. 2. Expense Index Gross Up Clause: This clause bases the tenant's share of operating expenses on an expense index. The expense index reflects changes in relevant expense categories such as property taxes, insurance, utilities, and maintenance costs. The clause uses this index to adjust the tenant's expenses proportionally. 3. Pass-Through Gross Up Clause: In this type of clause, the tenant's share of operating expenses is adjusted based on actual expenses incurred by the property owner. The property owner passes through the actual increases in operating expenses to the tenant, ensuring that the tenant pays their fair share. 4. Cap Gross Up Clause: This clause places a maximum limit on the adjustment of the tenant's operating expenses. If operating expenses exceed this cap, the tenant is not responsible for paying for the excess. It provides a level of protection for tenants against unexpected and significant expense increases. In a Nassau New York Gross Up Clause, it is crucial to specify the base year against which subsequent years' adjustments will be made. The choice of an appropriate gross up calculation method should be agreed upon by both the property owner and the tenant, based on their unique needs and circumstances. In summary, a Nassau New York Gross Up Clause in a Base Year Lease is a vital provision that allows the property owner to adjust the tenant's operating expenses to account for changes over time. The various types of gross up clauses mentioned above provide different methods to distribute operating expenses fairly between the parties involved in 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.