Bexar Texas Gross up Clause that Should be Used in a Base Year Lease

State:
Multi-State
County:
Bexar
Control #:
US-OL19034IA
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Description

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.

A Bexar Texas Gross Up Clause is a provision commonly used in base year leases to determine how expenses such as utilities and taxes are allocated among tenants in a commercial property. This clause ensures that tenants only pay their fair share of these expenses based on their occupancy of the property. There are two main types of Bexar Texas Gross Up Clauses that can be used in a base year lease: 1. Pro Rata Gross Up Clause: This clause calculates the tenant's share of expenses based on the ratio of their leased space to the total leasable area in the property. For example, if a tenant occupies 10% of the total leasable area, they will be responsible for paying 10% of the total expenses. 2. Tenant Square Footage Gross Up Clause: This clause calculates the tenant's share of expenses based on the square footage of their leased space, regardless of the total leasable area in the property. For example, if a tenant occupies 1,000 square feet in a 10,000-square-foot property, they will be responsible for paying 10% of the total expenses. The purpose of these gross up clauses is to ensure that tenants are not unfairly burdened with expenses that are not directly related to their occupancy. By using a base year lease approach, any increases in expenses beyond the base year are shared among all tenants based on their respective gross up calculations. Implementing a Bexar Texas Gross Up Clause in a base year lease provides transparency and fairness in expense allocation, promoting a harmonious landlord-tenant relationship. It is crucial for both parties to thoroughly understand and agree upon the specific provisions of the clause to prevent any misunderstandings or disputes in the future. Overall, a Bexar Texas Gross Up Clause in a base year lease is an essential tool to accurately distribute expenses among tenants and maintain a balanced financial arrangement in a commercial property.

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FAQ

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.

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.

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.

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.

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.

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.

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).

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Bexar Texas Gross up Clause that Should be Used in a Base Year Lease