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Kentucky Remeasurement Clause Used When Variances Exist Between the Rentable and Actual Area of a Space to be Built

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This office lease clause lists a way to provide for variances between the rentable area of a "to be built" demised premises and the actual area after construction.


The Kentucky Remeasurement Clause is a contractual provision used in real estate agreements to address discrepancies between the rentable area and the actual area of a space to be built. This clause is typically included in leases or construction contracts to ensure fairness and accuracy in determining the rental or lease costs based on the actual usable area of the premises. In cases where there are variations between the rentable and actual area, the Kentucky Remeasurement Clause enables the landlord or tenant, depending on the agreement, to adjust the rental rates, lease terms, or other financial considerations to reflect the accurate size of the space. It helps prevent any potential disputes or misunderstandings that may arise due to inaccuracies in measuring the premises. The Kentucky Remeasurement Clause can be further classified into different types depending on the specific circumstances or requirements of the parties involved. Some of these variations may include: 1. Intentional Variance Clause: This type of clause specifies that any differences between the rentable and actual area are intentionally considered, and the rental rates and lease terms are agreed upon based on the rentable area rather than the actual area. It ensures that both parties are aware of the variances and agree to them before signing the lease or construction contract. 2. Adjusted Rent Clause: This clause allows for the adjustment of rental rates based on the variance between the rentable and actual area. The adjustment is typically calculated by applying a predetermined formula or percentage to the difference in square footage. For example, if the actual area is smaller than the rentable area, the rent may be reduced proportionally. 3. Remeasurement and Rent Adjustment Clause: This type of clause provides for periodic remeasurement of the premises during the lease term. It allows for adjustments in rent based on the actual area determined after each remeasurement. This clause ensures that the rent accurately reflects any changes in the size of the space over time. 4. Dispute Resolution Clause: In some cases, disputes may arise regarding the accuracy of measurements or calculations. A dispute resolution clause can be included in the Kentucky Remeasurement Clause to establish a process for resolving any disagreements or disputes. This may involve appointing an independent third-party expert to conduct a remeasurement and provide an unbiased assessment. Overall, the Kentucky Remeasurement Clause is a crucial component of real estate agreements to effectively address variations between the rentable and actual area of a space. It promotes transparency, fairness, and accurate determination of rental rates or lease terms to ensure a smooth leasing or construction process.

The Kentucky Remeasurement Clause is a contractual provision used in real estate agreements to address discrepancies between the rentable area and the actual area of a space to be built. This clause is typically included in leases or construction contracts to ensure fairness and accuracy in determining the rental or lease costs based on the actual usable area of the premises. In cases where there are variations between the rentable and actual area, the Kentucky Remeasurement Clause enables the landlord or tenant, depending on the agreement, to adjust the rental rates, lease terms, or other financial considerations to reflect the accurate size of the space. It helps prevent any potential disputes or misunderstandings that may arise due to inaccuracies in measuring the premises. The Kentucky Remeasurement Clause can be further classified into different types depending on the specific circumstances or requirements of the parties involved. Some of these variations may include: 1. Intentional Variance Clause: This type of clause specifies that any differences between the rentable and actual area are intentionally considered, and the rental rates and lease terms are agreed upon based on the rentable area rather than the actual area. It ensures that both parties are aware of the variances and agree to them before signing the lease or construction contract. 2. Adjusted Rent Clause: This clause allows for the adjustment of rental rates based on the variance between the rentable and actual area. The adjustment is typically calculated by applying a predetermined formula or percentage to the difference in square footage. For example, if the actual area is smaller than the rentable area, the rent may be reduced proportionally. 3. Remeasurement and Rent Adjustment Clause: This type of clause provides for periodic remeasurement of the premises during the lease term. It allows for adjustments in rent based on the actual area determined after each remeasurement. This clause ensures that the rent accurately reflects any changes in the size of the space over time. 4. Dispute Resolution Clause: In some cases, disputes may arise regarding the accuracy of measurements or calculations. A dispute resolution clause can be included in the Kentucky Remeasurement Clause to establish a process for resolving any disagreements or disputes. This may involve appointing an independent third-party expert to conduct a remeasurement and provide an unbiased assessment. Overall, the Kentucky Remeasurement Clause is a crucial component of real estate agreements to effectively address variations between the rentable and actual area of a space. It promotes transparency, fairness, and accurate determination of rental rates or lease terms to ensure a smooth leasing or construction process.

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Triple net leases are one of the most widely used types of commercial real estate leases. In this arrangement, the tenant pays rent, a share of property taxes, a share of insurance, and a fixed fee for common area maintenance and operating expenses.

A Standard Clause defining the leased premises for a commercial real estate lease with language allowing the parties to remeasure the premises. A tenant's right to remeasure is generally a tenant-favorable concept, but this Standard Clause offers a landlord-friendly alternative for remeasurement.

Percentage leases are most commonly used for retail properties (especially malls). In a percentage lease, tenants pay a base rent plus a portion of the gross sales they make from conducting business in the building.

Gross Lease Gross leases are most common for commercial properties such as offices and retail space. The tenant pays a single, flat amount that includes rent, taxes, utilities, and insurance.

tenant net lease can be a single, double, or triple net lease in which the property is 100% leased to one tenant. Typically these are singletenant triple net leases, and the tenant is responsible for all propertyrelated expenses. Expect to use this type of commercial lease for retailers and restaurants.

A net lease is perhaps the most common form of commercial lease agreement. With a net lease, the tenant is responsible for a base rent payment, plus additional expenses associated with the property. That might include one or multiple additional expenses, including: Utilities.

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This office lease clause lists a way to provide for variances between the rentable area of a to be built demised premises and the actual area after construction ... Working on paperwork with our extensive and user-friendly PDF editor is simple. Make the steps below to complete Remeasurement Clause Used When Variances ...Landlord and Tenant hereby acknowledge and agree that the Premises have been remeasured and that, notwithstanding any contrary provision contained in the Lease ... In any event, if the rentable square footage of the Premises or Building is different than that set forth in this Lease, the Base Rent, Tenant's Percentage ... “Additional Rent” means and refers to (i) Tenant's Proportionate Share of Operating Expenses, as set forth in Section 2.2.1 hereof, (ii) Tenant's Proportionate ... Oct 25, 2019 — failed to establish the term “rentable area” was clearly known in the commercial real estate industry to incorporate add-on rent assessment ... Apr 8, 2020 — Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work ... The following research will indicate that industry standard replacement reserves for base building capital expenditures for commercial office buildings are ... Aug 15, 2023 — “Tenant's Proportionate Share” shall mean the rentable area of the Premises divided by the rentable area of the space leased to. Landlord ... This annual report on Form 40-F is filed by Granite Real Estate Investment Trust (''Granite REIT'') and. Granite REIT Inc. (''Granite GP'', together with ...

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Kentucky Remeasurement Clause Used When Variances Exist Between the Rentable and Actual Area of a Space to be Built