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Georgia Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease

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This office lease clause should be used in an expense stop, stipulated base or office net lease. When the building is not at least 95% occupied during all or a portion of any lease year, the landlord shall make an appropriate adjustment for each lease year to determine what the building operating costs. Such an adjustment shall be made by the landlord increasing the variable components of such variable costs included in the building operating costs which vary based on the level of occupancy of the building.


A Georgia gross up clause is an important provision to be included in an Expense Stop Stipulated Base or Office Net Lease in Georgia. It primarily addresses the allocation of operating expenses between the landlord and tenant, ensuring fairness and preventing unexpected financial burdens. In the context of a lease agreement, an Expense Stop is a predetermined amount set by the landlord, limiting the tenant's liability for operating expenses. Often, this Expense Stop covers a certain percentage of the total expenses in a given year. However, as operating costs fluctuate, it is crucial to have a Georgia gross up clause to account for any increases beyond the Expense Stop. The Georgia gross up clause allows the landlord to proportionally distribute the increased expenses that exceed the Expense Stop among all the tenants. This clause ensures that no individual tenant incurs a disproportionately large share of additional costs due to fluctuations in operating expenses. Different types of Georgia gross up clauses that can be used in an Expense Stop Stipulated Base or Office Net Lease include: 1. Pro Rata Gross Up: This type of gross up clause allocates the additional expenses on a pro rata basis among all tenants in the building. Each tenant pays a proportionate share based on their square footage or other applicable factors specified in the lease. 2. Useable Square Footage Gross Up: In this approach, the allocation of increased expenses is based on the tenant's useable square footage, rather than the rentable square footage. This ensures that tenants with larger useable spaces bear a higher proportion of the additional costs. 3. Triple Net Gross Up: In a triple net lease, where tenants are responsible for all operating expenses, the gross up clause can be used to adjust the tenant's share of expenses that exceed the Expense Stop. This allows tenants to pay their fair share of additional costs, considering their respective lease agreements. Including a well-drafted Georgia gross up clause in an Expense Stop Stipulated Base or Office Net Lease provides transparency and protects both the landlord and tenants from unexpected financial burdens. It helps maintain a balanced allocation of operating expenses, ensuring fairness among all parties involved.

A Georgia gross up clause is an important provision to be included in an Expense Stop Stipulated Base or Office Net Lease in Georgia. It primarily addresses the allocation of operating expenses between the landlord and tenant, ensuring fairness and preventing unexpected financial burdens. In the context of a lease agreement, an Expense Stop is a predetermined amount set by the landlord, limiting the tenant's liability for operating expenses. Often, this Expense Stop covers a certain percentage of the total expenses in a given year. However, as operating costs fluctuate, it is crucial to have a Georgia gross up clause to account for any increases beyond the Expense Stop. The Georgia gross up clause allows the landlord to proportionally distribute the increased expenses that exceed the Expense Stop among all the tenants. This clause ensures that no individual tenant incurs a disproportionately large share of additional costs due to fluctuations in operating expenses. Different types of Georgia gross up clauses that can be used in an Expense Stop Stipulated Base or Office Net Lease include: 1. Pro Rata Gross Up: This type of gross up clause allocates the additional expenses on a pro rata basis among all tenants in the building. Each tenant pays a proportionate share based on their square footage or other applicable factors specified in the lease. 2. Useable Square Footage Gross Up: In this approach, the allocation of increased expenses is based on the tenant's useable square footage, rather than the rentable square footage. This ensures that tenants with larger useable spaces bear a higher proportion of the additional costs. 3. Triple Net Gross Up: In a triple net lease, where tenants are responsible for all operating expenses, the gross up clause can be used to adjust the tenant's share of expenses that exceed the Expense Stop. This allows tenants to pay their fair share of additional costs, considering their respective lease agreements. Including a well-drafted Georgia gross up clause in an Expense Stop Stipulated Base or Office Net Lease provides transparency and protects both the landlord and tenants from unexpected financial burdens. It helps maintain a balanced allocation of operating expenses, ensuring fairness among all parties involved.

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FAQ

Defining ?Gross Up? In reality, the ?grossing up? of operating expenses is a fair and necessary mechanism to ensure that the intended reimbursement is fully paid and, in some circumstances, to protect the tenant from overpaying operating expenses.

In a full service gross lease, the tenant pays a base rental rate, and landlord is typically responsible for paying any additional expenses (such as CAM fees), except for those that go above a specific amount, called an expense stop.

Correctly drafted, a gross up provision relates only to Operating Expenses that ?vary with occupancy??so called ?variable? expenses. Variable expenses are those expenses that will go up or down depending on the number of tenants in the Building, such as utilities, trash removal, management fees and janitorial services.

The portion of expenses above the expense stop that are passed through to the tenant are commonly referred to as ?Recaptured? or ?Recovered? expenses.

Simply stated, the concept of ?gross up provision? stipulates that if a building has significant vacancy, the landlord can estimate what the variable operating expense would have been had the building been fully occupied, and charge the tenants their pro-rata share of that cost.

up is an additional amount of money added to a payment to cover the income taxes the recipient will owe on the payment. Grossing up is most often done for onetime payments, such as reimbursements for relocation expenses or bonuses.

Triple net lease/?NNN? lease A triple net lease is the opposite of a gross lease. The lessee agrees to pay rent, utilities, and all of the property's operating expenses. This includes maintenance costs such as common area maintenance (CAM), insurance, and property taxes (represented by ?NNN?).

An expense stop is the maximum amount a landlord will spend on operating expenses. Any amount above the expensive stop becomes the tenant's responsibility.

Gross-ups are also practical for tenants. A prime example is a lease with a base year or expense stop. If a tenant negotiates a base year, then, in most cases, the tenant will pay its share each year of the operating expenses which exceed the base year's expenses.

Under a gross lease, the owner/landlord covers all the property's operating expenses including real estate taxes, property insurance, structural and exterior maintenance and repairs, common area maintenance and repairs, unit maintenance and repairs, utilities, and janitorial costs.

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The easiest way to edit Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease in PDF format online. Form edit decoration. This office lease clause should be used in an expense stop, stipulated base or office net lease. When the building is not at least 95% occupied during all ...As a result, a landlord has strong incentive to include a gross-up provision in a lease where the tenants are responsible for payment of operating expenses. May 19, 2022 — A common clause in many commercial leases, especially triple net office leases, is a gross-up provision. We know that understanding what a gross ... (I) Net Expenses - Operating Expenses and Taxes shall be "net" only and shall therefore be reduced by all cash discounts, trade discounts, quantity discounts, ... Nov 25, 2022 — Expense stops are typically calculated on a per square foot basis. ... is specified in a lease contract's rent escalation clause. Rent escalation ... “Expense Stop” shall mean the maximum amount per square foot of rentable area that the landlord is required to incur for real estate taxes and operating ... Aug 9, 2023 — In triple net office leases, tenants are required to reimburse landlords for a portion of the building's overall operating expenses. At the completion of this chapter, students will be able to do the following: 1) Describe at least one type of leasehold estate. | What is an Expense Stop? A Base Year clause is found in many Full-Service and Gross Leases. It is not found in triple net leases. The Base Year ...

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Georgia Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease