New York Clause for Grossing Up the Tenant Proportionate Share

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US-OL709
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This office lease clause states the conditions under which the landlord can and can not furnish any particular item(s) of work or service which would constitute an expense to portions of the Building during the comparative year.


The New York Clause for Grossing Up the Tenant Proportionate Share is an important aspect of commercial lease agreements in New York City. It pertains to the tenant's responsibility for covering their proportionate share of operating expenses, such as property taxes, insurance, and maintenance costs, in addition to their base rent. This clause ensures that tenants fairly contribute to the overall expenses associated with the property they are leasing. The purpose of the gross-up provision is to account for potential variations in occupancy rates within a building, ensuring that landlords receive sufficient funds to cover the operating expenses regardless of whether the building is fully occupied or not. There are several types of New York Clauses for Grossing Up the Tenant Proportionate Share, each serving different purposes. Some common types include: 1. Full Gross-Up Clause: This type of clause requires the tenant to pay their share of operating expenses based on the total occupied space in the building, assuming full occupancy. It takes into account any unfilled spaces within the property and spreads the costs evenly across all tenants. 2. Partial Gross-Up Clause: This clause applies when the building has a substantial vacancy rate. It allows the landlord to bill the tenants at a higher rate per square foot to cover the loss of income caused by the unoccupied spaces. The tenants' proportionate share is adjusted to compensate for the decreased overall income. 3. Expense Stop Clause: An expense stop is a specific dollar amount or threshold above which the tenant is not responsible for additional operating expenses. Once the expenses exceed the predetermined amount, the landlord assumes the additional costs. This clause protects tenants from unpredictable and significantly increased operating expenses. 4. CPI Adjustment Clause: Commonly used in conjunction with the gross-up provision, the CPI (Consumer Price Index) adjustment clause allows for annual adjustments to the tenant's proportionate share based on the rate of inflation. This ensures that the tenant's obligations align with the changes in the cost of living and operating expenses over time. It is crucial for both landlords and tenants to fully understand and negotiate the New York Clause for Grossing Up the Tenant Proportionate Share before entering into a lease agreement. These clauses can have a significant impact on a tenant's financial obligations and should be carefully considered ensuring fairness and transparency in the lease arrangement.

The New York Clause for Grossing Up the Tenant Proportionate Share is an important aspect of commercial lease agreements in New York City. It pertains to the tenant's responsibility for covering their proportionate share of operating expenses, such as property taxes, insurance, and maintenance costs, in addition to their base rent. This clause ensures that tenants fairly contribute to the overall expenses associated with the property they are leasing. The purpose of the gross-up provision is to account for potential variations in occupancy rates within a building, ensuring that landlords receive sufficient funds to cover the operating expenses regardless of whether the building is fully occupied or not. There are several types of New York Clauses for Grossing Up the Tenant Proportionate Share, each serving different purposes. Some common types include: 1. Full Gross-Up Clause: This type of clause requires the tenant to pay their share of operating expenses based on the total occupied space in the building, assuming full occupancy. It takes into account any unfilled spaces within the property and spreads the costs evenly across all tenants. 2. Partial Gross-Up Clause: This clause applies when the building has a substantial vacancy rate. It allows the landlord to bill the tenants at a higher rate per square foot to cover the loss of income caused by the unoccupied spaces. The tenants' proportionate share is adjusted to compensate for the decreased overall income. 3. Expense Stop Clause: An expense stop is a specific dollar amount or threshold above which the tenant is not responsible for additional operating expenses. Once the expenses exceed the predetermined amount, the landlord assumes the additional costs. This clause protects tenants from unpredictable and significantly increased operating expenses. 4. CPI Adjustment Clause: Commonly used in conjunction with the gross-up provision, the CPI (Consumer Price Index) adjustment clause allows for annual adjustments to the tenant's proportionate share based on the rate of inflation. This ensures that the tenant's obligations align with the changes in the cost of living and operating expenses over time. It is crucial for both landlords and tenants to fully understand and negotiate the New York Clause for Grossing Up the Tenant Proportionate Share before entering into a lease agreement. These clauses can have a significant impact on a tenant's financial obligations and should be carefully considered ensuring fairness and transparency in the lease arrangement.

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FAQ

The pro-rata share is the percentage of expenses shared by the tenant for the shopping center or office building. In most leases, the pro-rata share is calculated as a fraction of the tenant's demised square footage divided by the total square footage of the shopping center or the building.

Lessee's Proportion means the proportion that the net lettable are of the Premises bears to the net lettable area of the Building, being the percentage in item 16 of the Reference Schedule (or any other corrected or recalculated percentage notified in writing by the Lessor to the Lessee from time to time).

Many commercial leases, especially office leases, include a provision that allows landlords to ?gross up? operating expenses. That is, if the building is not fully occupied, the landlord is empowered to gross up or overstate the expenses as if the building is fully occupied (or nearly full).

Also known as tenant's pro rata share. The portion of a building occupied by the tenant expressed as a percentage. When a tenant is responsible for paying its proportionate share of the landlord's costs for the building, such as operating expenses and real estate taxes, the tenant pays this amount over a base year.

Proportionate Share of Operating Expenses means a fraction equal to the total Gross Rentable Area of the Premises divided by the total Gross Rentable Area of the Building.

How do landlords calculate the ?proportionate share?? Ordinarily, this is calculated based on the relative square footage occupied by each tenant. That makes sense for fixed costs such as taxes, insurance and common area utility costs.

So, what is a gross-up provision? 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.

Grossing Up is a process for calculating a tenant's share of a building's variable operating expenses, where the expenses are increased for expense recovery purposes, or Grossed Up, to what they would be if the building's occupancy remained at a specific level, typically 95%- 100%.

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May 4, 2020 — Without a gross-up provision, each tenant would pay fees of $12,500 made up of $10,000 fixed and $2,500 variable based on their 5% share. In ... How to fill out Clause For Grossing Up The Tenant Proportionate Share? When it comes to drafting a legal document, it's better to leave it to the professionals.Look for another form using the corresponding option in the header. Click Buy Now once you're certain in the chosen file. Choose the subscription plan that ... In other words, the lease allocates a certain amount to each tenant based on that tenant's proportionate share of the area within the building. Many ... Real estate taxes in NYC are assessed every July, and when taxes go up, landlords pass those increases along so tenants end up paying for those increases. May 2, 2018 — In net leases, the rent is net of operating expenses to the landlord and tenants pay their proportionate share of all the operating expenses and. If each of the five tenants pays its 10% proportionate share of the “grossed-up” operating expense amount of $50,000, they would each pay $5,000, and the ... Sep 16, 2019 — Learn about commercial real estate leases: Net, Absolute, Gross, and Modified Gross. Understand tenant and landlord financial obligations. Nov 18, 2022 — This provision generally provides that, when building operating costs will be passed through to the tenants on a proportionate basis but the ... Sep 26, 2019 — $100.00, then each of the four (4) tenants would be charged for their proportionate (25%) share of the CAM expenses—i.e., $25.00 each.

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New York Clause for Grossing Up the Tenant Proportionate Share