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.
Clause for Grossing Up the Tenant Proportionate Share
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US-OL709
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FAQ
The Base Year is a year that is tied to the actual amount of expenses for property taxes, insurance and operating expenses (sometimes called CAM) to run the property in a specified year. In a new lease, the Base Year is most often the year the lease is executed or the year in which the lease commences.
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.
In general, the tenant's proportionate share is determined by taking the building's rentable square footage and dividing it by the tenant's rentable square footage.
AR usually indicates arrears (behind in rent). Base Rent AR seems to indicate 2 months' of rent in arrears. Retro may mean rent previous to the current month (money owed previously). This could be late fees or other fees owed.
Many commercial leases contain a gross-up provision to amplify the property's operating expenses to the amount of operating expenses that would be incurred if the building was fully occupied.This authorizes the landlord to restate the operating expenses as if the building was completely occupied for one year.
Correctly drafted, a gross up provision relates only to Operating Expenses that vary with occupancyso 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 amount of rent that gets paid as operating costs might be called additional rent or TMI (taxes, maintenance and insurance).
A gross-up is an additional amount of money added to a payment to cover the income taxes the recipient will owe on the payment.For example, a company may agree to pay an executive's relocation expenses plus a gross-up to offset the expected income taxes that will be owed on the salary payment.
Add up all federal, state, and local tax rates. Subtract the total tax rates from the number 1. 1 tax = net percent. Divide the net payment by the net percent. net payment / net percent = gross payment. Check your answer by calculating gross payment to net payment.
