The Wayne Michigan Clause for Grossing Up the Tenant Proportionate Share is a critical aspect of commercial lease agreements that outlines the method for calculating and adjusting the tenant's share of expenses associated with operating and maintaining the property. This clause ensures fairness in allocating costs between the landlord and the tenant, particularly in cases where multiple tenants occupy a building or complex. The purpose of the Wayne Michigan Clause is to account for fluctuations in expenses such as property taxes, insurance premiums, utilities, and common area maintenance costs. It provides a mechanism for the landlord to "gross-up" the tenant's proportionate share, meaning that the tenant's share is adjusted to reflect the expenses as if the property were fully occupied. In Wayne Michigan, there are primarily two types of clauses for grossing up the tenant's proportionate share: the Simple Gross-Up Clause and the Expense Stop Gross-Up Clause. 1. Simple Gross-Up Clause: This type of clause is designed to allocate all operating expenses evenly among the tenants based on their respective square footage. The tenant's share is calculated by dividing the rented space's square footage by the total leasable square footage of the property. The Simple Gross-Up Clause does not take into account any possible variations in occupancy levels, and the tenant's proportionate share is based on the assumption that the property is fully occupied. 2. Expense Stop Gross-Up Clause: Unlike the Simple Gross-Up Clause, this type of clause sets a certain expense threshold, known as an "expense stop," above which the tenant will not be responsible for any additional expenses. The expenses covered below this threshold are typically categorized as "base" expenses, while any costs exceeding the expense stop are considered "non-base" expenses. The landlord is responsible for grossing up only the non-base expenses, ensuring that tenants do not bear the burden of unusually high costs due to changes in occupancy. Understanding and negotiating the Wayne Michigan Clause for Grossing Up the Tenant Proportionate Share is crucial for both landlords and tenants in commercial lease agreements. It helps establish transparency and fairness in sharing operating expenses, ensuring a balanced relationship between the parties involved and minimizing disputes over cost allocation.
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.