Washington Clause for Grossing Up the Tenant Proportionate Share

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Multi-State
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US-OL709
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Description

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 Washington Clause for Grossing Up the Tenant Proportionate Share is an important aspect of commercial lease agreements in Washington state. This clause outlines the method or formula used to calculate and adjust the tenant's proportionate share of certain expenses, often operating expenses or real estate taxes, in order to account for inflation or changes in the building's occupancy. One type of Washington Clause for Grossing Up the Tenant Proportionate Share is the "Consumer Price Index (CPI)" method. This method adjusts the tenant's proportionate share based on changes in the CPI, a measure of inflation, over a specified period. The adjustment is typically made annually, ensuring that the tenant's share reflects the current cost of operating expenses or taxes. Another type of Washington Clause is the "Building Occupancy" method. Under this method, the tenant's proportionate share is adjusted based on changes in the building's total occupancy or usage. If the building's occupancy increases or decreases, the tenant's share is adjusted accordingly to reflect the impact on expenses or taxes. Additionally, some leases may include a "Fixed Percentage Increase" method as part of the Washington Clause. This method establishes a predetermined percentage to increase the tenant's proportionate share annually, irrespective of changes in inflation or building occupancy. This approach provides certainty for both parties but may not accurately reflect the actual expenses or taxes incurred. In summary, the Washington Clause for Grossing Up the Tenant Proportionate Share ensures that tenants' obligations evolve in proportion to changes in expenses or taxes. By incorporating methods such as CPI, Building Occupancy, or Fixed Percentage Increase, landlords and tenants can establish a fair and predictable framework for adjusting the tenant's proportionate share in Washington state.

The Washington Clause for Grossing Up the Tenant Proportionate Share is an important aspect of commercial lease agreements in Washington state. This clause outlines the method or formula used to calculate and adjust the tenant's proportionate share of certain expenses, often operating expenses or real estate taxes, in order to account for inflation or changes in the building's occupancy. One type of Washington Clause for Grossing Up the Tenant Proportionate Share is the "Consumer Price Index (CPI)" method. This method adjusts the tenant's proportionate share based on changes in the CPI, a measure of inflation, over a specified period. The adjustment is typically made annually, ensuring that the tenant's share reflects the current cost of operating expenses or taxes. Another type of Washington Clause is the "Building Occupancy" method. Under this method, the tenant's proportionate share is adjusted based on changes in the building's total occupancy or usage. If the building's occupancy increases or decreases, the tenant's share is adjusted accordingly to reflect the impact on expenses or taxes. Additionally, some leases may include a "Fixed Percentage Increase" method as part of the Washington Clause. This method establishes a predetermined percentage to increase the tenant's proportionate share annually, irrespective of changes in inflation or building occupancy. This approach provides certainty for both parties but may not accurately reflect the actual expenses or taxes incurred. In summary, the Washington Clause for Grossing Up the Tenant Proportionate Share ensures that tenants' obligations evolve in proportion to changes in expenses or taxes. By incorporating methods such as CPI, Building Occupancy, or Fixed Percentage Increase, landlords and tenants can establish a fair and predictable framework for adjusting the tenant's proportionate share in Washington state.

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FAQ

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.

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. Grossing up can also be used to game executive compensation.

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%.

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.

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.

To deal with operating expenses when a building is not at full occupancy, a landlord can incorporate a ?gross-up? provision in the lease. This allows the landlord to estimate the variable operating expenses as if the building were at 95%-100% occupancy.

What Does Gross-Up Mean? Gross-up is additional money an employer pays an employee to offset any additional income taxes (Social Security, Medicare, etc.) an employee would owe the IRS when that employee receives a company-provided cash benefit, such as relocation expenses.

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.

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If the operating expenses were not “grossed up,” each tenant would have to pay its proportionate share of the $100,000 operating expenses, or $10,000 for each ... 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.If the building becomes fully occupied in a later year, the tenant's proportionate share will be calculated using the increase in operating expenses which ... May 19, 2022 — If the building has five different tenants, each occupying one floor, each tenant's proportionate share would be 10% (1/10 of the total building) ... Sep 26, 2019 — The tenants have agreed to pay their proportionate share of the CAM expenses, and the lease should reflect just that—in our simple example ... Jan 23, 2020 — As more tenants move in and the annual bill gets higher, a gross-up clause in your lease says that the $300,000 base year expense represents ... Mar 12, 2001 — "Gross-up" escalation clause. This operating-expense ... The tenant will pay a proportionate share of $100,000, not a share of $50,000. 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 ... Many leases provide that the tenant will pay its proportionate share of increases in taxes and operating expenses over a designated "base year" attributable to ... 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 ...

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Washington Clause for Grossing Up the Tenant Proportionate Share