The King Washington Clause for Grossing Up the Tenant Proportionate Share is an important provision in commercial real estate leases that determines how the operating expenses of a property will be allocated among the tenants. This clause ensures that tenants are responsible for their fair share of expenses while also accounting for fluctuations in expenses over time. When it comes to different types of King Washington Clauses for Grossing Up the Tenant Proportionate Share, there are mainly three variations commonly used: Fixed Gross-Up, Expense Stop Gross-Up, and CPI (Consumer Price Index) Gross-Up. 1. Fixed Gross-Up: This type of King Washington Clause sets a fixed amount for operating expenses, usually based on the expenses during the base year (the year in which the lease is signed or the first year of the lease). The tenant's proportionate share is calculated based on this fixed amount, which may remain constant throughout the lease term. This clause protects the tenant from unexpected increases in expenses and provides stability in budgeting. 2. Expense Stop Gross-Up: In this case, the King Washington Clause establishes an expense stop or a threshold. Once the total operating expenses for the property exceed this predefined amount, the tenants' proportionate share is grossed up or adjusted accordingly. Any expenses above the expense stop are shared by the tenants. This clause aims to limit the tenant's exposure to excessive cost increases. 3. CPI Gross-Up: The CPI Gross-Up Clause utilizes the Consumer Price Index to determine the increase in operating expenses. It links the expense adjustments to inflation, ensuring that the tenants' proportionate share accurately reflects the changing market conditions. The CPI Gross-Up Clause often includes a base year comparison and uses a predetermined formula to calculate the gross-up. These variations of King Washington Clauses for Grossing Up the Tenant Proportionate Share provide flexibility for landlords and tenants in sharing operating expenses, protecting both parties from drastic cost fluctuations and ensuring fairness in the allocation. It is essential for commercial property owners, tenants, and their legal advisors to carefully review and negotiate the specific terms of the King Washington Clause to align with their respective interests.
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.