Salt Lake Utah Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease

State:
Multi-State
County:
Salt Lake
Control #:
US-OL19034IB
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Description

This office lease clause should be used in an expense stop, stipulated base or office net lease. 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 for each lease year to determine what the building operating costs. Such an adjustment shall be made by the landlord increasing the variable components of such variable costs included in the building operating costs which vary based on the level of occupancy of the building.


A Salt Lake Utah Gross Up Clause is an important provision that is typically included in an Expense Stop Stipulated Base or Office Net Lease. This clause is designed to ensure fairness and equity among tenants by adjusting their share of common area expenses in the event of fluctuations in occupancy or changes in the overall size of the building. It is crucial for both landlords and tenants to understand and incorporate this clause accurately in their lease agreement to avoid any disputes or financial burden. The purpose of the Gross Up Clause is to allocate expenses such as property taxes, insurance, utilities, maintenance, and other building-related costs among tenants in a way that reflects the true fair market value of the leased premises, regardless of fluctuating occupancy levels. By incorporating a gross up provision, the lease agreement guarantees that tenants are not unreasonably burdened with excessive expenses due to vacancies or under-occupancy of the building. There are different types of Salt Lake Utah Gross Up Clauses that can be utilized in an Expense Stop Stipulated Base or Office Net Lease, each with specific considerations: 1. Full-Time Equivalent (FTE) Gross Up Clause: This method determines a tenant's share of common area expenses based on the number of employees or occupants they have, rather than the actual occupied square footage. This approach is suitable for office spaces where occupancy levels may fluctuate due to changes in the workforce. 2. Rentable Square Footage Gross Up Clause: This clause calculates the tenant's share of expenses based on the ratio of their leased square footage to the total rentable square footage of the building. It ensures that tenants are not unfairly burdened with disproportionate expenses, particularly in multi-tenant buildings where spaces may vary in size. 3. Multiple Gross Up Clauses: In some cases, a combination of different gross up methods may be used to reflect the specific needs and circumstances of the leased premises. For instance, a lease agreement may incorporate a FTE gross up provision for office spaces and a rentable square footage gross up provision for common areas (e.g., lobbies, hallways, restrooms). When negotiating and drafting a Salt Lake Utah Gross Up Clause, it is crucial to consult with a qualified attorney or real estate professional who can guide both landlords and tenants in properly structuring the agreement. By selecting the appropriate gross up method and accurately addressing its implementation, parties can ensure fairness, prevent any financial surprises, and maintain a harmonious landlord-tenant relationship.

A Salt Lake Utah Gross Up Clause is an important provision that is typically included in an Expense Stop Stipulated Base or Office Net Lease. This clause is designed to ensure fairness and equity among tenants by adjusting their share of common area expenses in the event of fluctuations in occupancy or changes in the overall size of the building. It is crucial for both landlords and tenants to understand and incorporate this clause accurately in their lease agreement to avoid any disputes or financial burden. The purpose of the Gross Up Clause is to allocate expenses such as property taxes, insurance, utilities, maintenance, and other building-related costs among tenants in a way that reflects the true fair market value of the leased premises, regardless of fluctuating occupancy levels. By incorporating a gross up provision, the lease agreement guarantees that tenants are not unreasonably burdened with excessive expenses due to vacancies or under-occupancy of the building. There are different types of Salt Lake Utah Gross Up Clauses that can be utilized in an Expense Stop Stipulated Base or Office Net Lease, each with specific considerations: 1. Full-Time Equivalent (FTE) Gross Up Clause: This method determines a tenant's share of common area expenses based on the number of employees or occupants they have, rather than the actual occupied square footage. This approach is suitable for office spaces where occupancy levels may fluctuate due to changes in the workforce. 2. Rentable Square Footage Gross Up Clause: This clause calculates the tenant's share of expenses based on the ratio of their leased square footage to the total rentable square footage of the building. It ensures that tenants are not unfairly burdened with disproportionate expenses, particularly in multi-tenant buildings where spaces may vary in size. 3. Multiple Gross Up Clauses: In some cases, a combination of different gross up methods may be used to reflect the specific needs and circumstances of the leased premises. For instance, a lease agreement may incorporate a FTE gross up provision for office spaces and a rentable square footage gross up provision for common areas (e.g., lobbies, hallways, restrooms). When negotiating and drafting a Salt Lake Utah Gross Up Clause, it is crucial to consult with a qualified attorney or real estate professional who can guide both landlords and tenants in properly structuring the agreement. By selecting the appropriate gross up method and accurately addressing its implementation, parties can ensure fairness, prevent any financial surprises, and maintain a harmonious landlord-tenant relationship.

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FAQ

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.

That's why the gross-up clause often will take any occupancy below 95% as if the building were 95% occupied (or fully occupied, as the lease may read). In our example, the one tenant occupying 50% of the building would pay $95,000 (representing the 95%) while the landlord would absorb the remaining $5,000.

Gross-Up Example Let's use the hypothetical example of a building that has $1,000,000 in expenses. 85% of those expenses are variable and 15% fixed. The building is 2/3 occupied (66.67%). The first step is to multiply the variable portion of the expenses ($850,000 66.67%) resulting in a subtotal of $566,667.

Expense categories that are typically grossed up include cleaning (tenant-occupied areas only), utilities, management fees, and possibly (but not always) other costs such as trash removal, building personnel costs, electrical supplies and elevator main- tenance, all depending upon the relevant circumstances.

The gross-up takes the form of increasing the tenant's useable area by an amount equal to the tenant's proportionate share of the common area on the tenant's floor.

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.

Commercial leases will often have a provision in the lease that permits the landlord to gross up, or overstate the variable operating expenses of the property to the level of operating expenses that would have been incurred had the building been fully occupied for the year.

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.

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).

The first step is to multiply the variable portion of the expenses ($850,000 66.67%) resulting in a subtotal of $566,667. Next, the fixed expenses of $150,000 are added to the subtotal bringing the total expense pool to $716,667. Now assume the expense reimbursement is has a base amount of $100,000.

More info

Section 300 General Specifications for Base and Subbase Courses. And Best Use of the subject site is as vacant multifamily land ready for development.The intended use is to document market value to assist in the potential purchase of the subject property. Real Estate Identification. Aircraft Lease Amendment Agreement dated as of May 21, 2004 to Aircraft Lease Agreement, dated October 1, 1998, between First Security Bank and. Such as subdivision of sections or the survey of dried-up lakes. A building in which is conducted the principal use of the lot on which it is situated. April 2021. 105.08. Length of Term of Office and Filling Vacancies.

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Salt Lake Utah Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease