Virgin Islands Gross up Clause that Should be Used in a Base Year Lease

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US-OL19034IA
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This office lease clause should be used in a base year lease. This form states that 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 in accordance with industry standards of the building operating costs. This amount shall be deemed to be the amount of building operating costs for the year.


The Virgin Islands Gross Up Clause is an essential component in a Base Year Lease agreement that aims to create a fair and equitable distribution of expenses between the landlord and tenant. This clause determines how operating expenses, such as utilities, repairs, and maintenance costs, will be allocated and shared. The purpose of a Gross Up Clause is to account for variations in occupancy levels and ensure that the expenses are adjusted as if the property were fully occupied. It is crucial to understand the various types of Virgin Islands Gross Up Clauses that can be utilized in a Base Year Lease: 1. Escalation Clause: This type of Gross Up Clause allows for the adjustment of expenses based on inflation or changes in market conditions. It typically specifies a predetermined percentage or formula for calculating the increased expenses during subsequent years. 2. Full Building Gross Up: In a Full Building Gross Up Clause, the tenant is responsible for paying its proportionate share of expenses for an entire building, even if they occupy only a portion of it. This ensures that the tenant bears the fair burden of operating expenses, regardless of their occupancy level. 3. Floor Area Gross Up: This Gross Up Clause takes into account the tenant's occupancy area in the building and allocates expenses based on the square footage occupied. It ensures that tenants are responsible for their fair share of expenses relative to the space they occupy. 4. Pro rata Gross Up: This clause is used when there are multiple tenants sharing a property. It distributes the operating expenses according to the proportionate share of each tenant's leased area. This way, each tenant pays their fair portion of the overall expenses. 5. Expense Stop Gross Up: In an Expense Stop Gross Up Clause, a specific limit or threshold is set for operating expenses. Once this limit is reached, the landlord is responsible for any additional costs, ensuring that the tenant's expenses do not exceed a predetermined amount. Regardless of the type used, the Virgin Islands Gross Up Clause is designed to ensure equitable sharing of expenses in a Base Year Lease agreement. By utilizing these clauses, both landlords and tenants can establish a transparent framework for dividing operating costs, promoting a fair and balanced lease relationship.

The Virgin Islands Gross Up Clause is an essential component in a Base Year Lease agreement that aims to create a fair and equitable distribution of expenses between the landlord and tenant. This clause determines how operating expenses, such as utilities, repairs, and maintenance costs, will be allocated and shared. The purpose of a Gross Up Clause is to account for variations in occupancy levels and ensure that the expenses are adjusted as if the property were fully occupied. It is crucial to understand the various types of Virgin Islands Gross Up Clauses that can be utilized in a Base Year Lease: 1. Escalation Clause: This type of Gross Up Clause allows for the adjustment of expenses based on inflation or changes in market conditions. It typically specifies a predetermined percentage or formula for calculating the increased expenses during subsequent years. 2. Full Building Gross Up: In a Full Building Gross Up Clause, the tenant is responsible for paying its proportionate share of expenses for an entire building, even if they occupy only a portion of it. This ensures that the tenant bears the fair burden of operating expenses, regardless of their occupancy level. 3. Floor Area Gross Up: This Gross Up Clause takes into account the tenant's occupancy area in the building and allocates expenses based on the square footage occupied. It ensures that tenants are responsible for their fair share of expenses relative to the space they occupy. 4. Pro rata Gross Up: This clause is used when there are multiple tenants sharing a property. It distributes the operating expenses according to the proportionate share of each tenant's leased area. This way, each tenant pays their fair portion of the overall expenses. 5. Expense Stop Gross Up: In an Expense Stop Gross Up Clause, a specific limit or threshold is set for operating expenses. Once this limit is reached, the landlord is responsible for any additional costs, ensuring that the tenant's expenses do not exceed a predetermined amount. Regardless of the type used, the Virgin Islands Gross Up Clause is designed to ensure equitable sharing of expenses in a Base Year Lease agreement. By utilizing these clauses, both landlords and tenants can establish a transparent framework for dividing operating costs, promoting a fair and balanced lease relationship.

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FAQ

A Base Year clause is found in many Full-Service and Gross Leases. It is not found in triple net leases. The Base Year clause 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 base year lease, a base year is selected (usually the first year of the lease). The landlord agrees to pay the property's expenses for the base year. The landlord continues to pay the property expenses at the base year level and the tenant agrees to pay its pro rata share of any increases in property expenses.

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.

In a modified gross or full-service lease, the landlord has you covered and will pay the operating expenses incurred for the first calendar year?or base year?of the lease. Then, your business starts paying its pro-rata share the next year.

'Base year' is the first calendar year of a tenant's commercial rental period. It is especially important as all future rent payments are calculated using base year. It's additionally important to note that base year is crafted to favor landlords.

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.

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.

Suppose that a tenant signs a lease in an office building for 5,000 square feet of space. The base rental amount is $10 per square foot. In year one of the lease, the landlord pays for all of the building operating expenses and the total comes out to $10,000. This is the base year expense stop amount.

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Virgin Islands Gross up Clause that Should be Used in a Base Year Lease