Santa Clara California Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease

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Santa Clara
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US-OL19034IB
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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.


Santa Clara, California is a bustling city located in the heart of Silicon Valley. Known for its thriving tech industry, innovative companies, and numerous attractions, Santa Clara is a sought-after location for businesses and residents alike. In the context of a commercial lease, the gross up clause refers to a provision that allows for the adjustment of certain expenses to account for fluctuations in occupancy and operational costs. This clause is particularly important in expense stop stipulated base or office net leases, as it ensures fair distribution of expenses among tenants. There are several types of Santa Clara, California gross up clauses that can be utilized in an expense stop stipulated base or office net lease: 1. Direct Expense Gross Up: This type of gross up clause enables landlords to adjust expenses directly attributed to the tenant's leased space. These expenses may include utilities, maintenance, repairs, and insurance. 2. Indirect Expense Gross Up: This clause allows the landlord to adjust expenses that are indirectly related to the tenant's leased space. Examples of indirect expenses typically include property taxes, common area maintenance charges, and management fees. 3. Full Building Gross Up: In a full building gross up clause, the landlord calculates and allocates expenses for the entire building, distributing them among all the tenants based on their respective square footage. This type of gross up clause ensures a fair and equitable sharing of expenses among all occupants. 4. Partial Building Gross Up: This clause applies when a particular portion or floor of a building is leased by a tenant. The expenses for that specific area are grossed up, taking into account the tenant's occupancy as well as common area expenses. In Santa Clara, California, the gross up clause is essential for both landlords and tenants to maintain transparency and fairness in lease agreements. It allows for a more accurate calculation of expenses, ensures equitable sharing, and protects both parties' interests. It is vital for both landlords and tenants to carefully review and negotiate the specific terms of the gross up clause in their lease to avoid any misunderstandings or disputes in the future.

Santa Clara, California is a bustling city located in the heart of Silicon Valley. Known for its thriving tech industry, innovative companies, and numerous attractions, Santa Clara is a sought-after location for businesses and residents alike. In the context of a commercial lease, the gross up clause refers to a provision that allows for the adjustment of certain expenses to account for fluctuations in occupancy and operational costs. This clause is particularly important in expense stop stipulated base or office net leases, as it ensures fair distribution of expenses among tenants. There are several types of Santa Clara, California gross up clauses that can be utilized in an expense stop stipulated base or office net lease: 1. Direct Expense Gross Up: This type of gross up clause enables landlords to adjust expenses directly attributed to the tenant's leased space. These expenses may include utilities, maintenance, repairs, and insurance. 2. Indirect Expense Gross Up: This clause allows the landlord to adjust expenses that are indirectly related to the tenant's leased space. Examples of indirect expenses typically include property taxes, common area maintenance charges, and management fees. 3. Full Building Gross Up: In a full building gross up clause, the landlord calculates and allocates expenses for the entire building, distributing them among all the tenants based on their respective square footage. This type of gross up clause ensures a fair and equitable sharing of expenses among all occupants. 4. Partial Building Gross Up: This clause applies when a particular portion or floor of a building is leased by a tenant. The expenses for that specific area are grossed up, taking into account the tenant's occupancy as well as common area expenses. In Santa Clara, California, the gross up clause is essential for both landlords and tenants to maintain transparency and fairness in lease agreements. It allows for a more accurate calculation of expenses, ensures equitable sharing, and protects both parties' interests. It is vital for both landlords and tenants to carefully review and negotiate the specific terms of the gross up clause in their lease to avoid any misunderstandings or disputes in the future.

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FAQ

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.

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.

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.

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.

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).

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 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.

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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Los Altos, Santa Clara County, California 94022. Department of Consumer Affairs' practical "California tenants" guide.The subject property, as referenced above, is located at the northwest corner of Swift Avenue and. Use of Real Estate as Reflected in this Appraisal. The property is located at 952 Moraga Road in Lafayette, Contra Costa County, California, 94549. How Can Local Educational Agencies Design. Housing to Meet Their Needs? This provision has the effect of shifting expenses to the tenant when occupancy rates are low. Applied to the net income resulting from a ground lease. It also contains definitions of general terms used throughout the ordinance.

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Santa Clara California Gross up Clause that Should be Used in an Expense Stop Stipulated Base or Office Net Lease