Orange California Clause for Grossing Up the Tenant Proportionate Share is a legal provision commonly included in commercial leases in Orange, California. This clause addresses the method of calculating and adjusting the tenant's proportionate share of operating expenses and taxes in a commercial property. In simple terms, the tenant's proportionate share refers to the portion of operating expenses and taxes that the tenant is responsible for paying based on the size or percentage of the leased space in relation to the overall property. The purpose of the Orange California Clause for Grossing Up the Tenant Proportionate Share is to ensure fairness and accuracy in determining the tenant's responsibility for these expenses. It typically includes provisions that allow the landlord to adjust the tenant's proportionate share in the event of changes to the property's occupancy, common area expenses, or property taxes. There are different types of Orange California Clauses for Grossing Up the Tenant Proportionate Share, including: 1. Fixed Proportionate Share: This type of clause establishes a fixed percentage or specific square footage that determines the tenant's proportionate share. The percentage or square footage remains constant throughout the lease term, regardless of changes in occupancy or operating expenses. 2. Variable Proportionate Share: In a variable proportionate share clause, the tenant's proportionate share is adjusted periodically. This adjustment may be based on changes in occupancy levels, square footage, property taxes, or other relevant factors. The purpose is to ensure that the tenant's share accurately reflects their use and benefit of the property. 3. Gross Up Clause: A gross up clause allows the landlord to normalize the operating expenses and taxes to reflect a fully occupied building, regardless of the actual occupancy rate. This adjustment ensures that the tenant does not bear the burden of higher expenses in cases of low occupancy. The clause typically defines a standard occupancy level or formula for the gross up calculation. It is important for both landlords and tenants to carefully review and understand the Orange California Clause for Grossing Up the Tenant Proportionate Share in their lease agreements. Clear and detailed language regarding the calculations, adjustments, and methodology for determining the proportionate share will help avoid misunderstandings and disputes.
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.