The Kings New York Gross up Clause is a crucial provision that should be incorporated into an Expense Stop Stipulated Base or Office Net Lease. This clause ensures fairness and accuracy in the allocation of operating expenses between the landlord and the tenant. Simply put, the Gross up Clause allows for the "grossing up" of certain variable expenses incurred by the landlord, such as property taxes, insurance premiums, and common area maintenance costs. The purpose of grossing up is to account for changes in occupancy levels or fluctuations in expenses that might affect the total amount payable by the tenant. There are different types of Gross up Clauses that can be used depending on the specific lease terms and the intentions of the parties involved: 1. Full Building Gross up: Under this clause, the landlord is allowed to adjust the operating expenses based on the occupancy level of the entire building. This means that if the building is not fully occupied, the expenses will be "grossed up" to account for a hypothetical full occupancy scenario. This type of Gross up Clause is often favored by landlords, as it ensures they are not shouldering a disproportionate burden of the expenses. 2. Floor-by-Floor Gross up: In leases covering multi-tenant buildings, this clause allows for the grossing up of expenses on a floor-by-floor basis. It acknowledges the fact that occupancy levels can greatly vary from one floor to another. By using this type of Gross up Clause, landlords ensure that expenses are fairly allocated based on the actual occupancy of each floor. 3. Expense Stop Gross up: This clause sets a predetermined expense stop, which is a maximum threshold beyond which the landlord is responsible for all additional expenses. If the actual expenses exceed the expense stop, the landlord can then gross up the excess amount. This type of Gross up Clause provides a clear and defined boundary for both parties, allowing for transparency and predictability in expense calculations. In conclusion, incorporating a Kings New York Gross up Clause in an Expense Stop Stipulated Base or Office Net Lease is crucial for ensuring fairness and accuracy in expense allocation. It allows for the adjustment of variable expenses based on occupancy levels or fluctuations in expenses. Different types of Gross up Clauses, such as Full Building, Floor-by-Floor, and Expense Stop Gross up, can be utilized depending on the lease terms and the intentions of the parties involved.
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.