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Real Estate Law

My concern relates to Tenant's Proportionate Share calculation. I leased a retail space next to a theater that

My question refers to the estimation of the Tenant's Proportionate Share.
I have actually leased a retail area nearby to a cinema, which is likewise the property manager. The theater uses roughly 90% of the mezzanine (the 2nd floor of the building) for housing projectors and equipment to show movies.
In my industrial lease agreement, the term "Tenant's Proportionate Share" defines the ratio of the Gross Leasable Area (GLA) of the Premises to the total gross leasable location of completed buildings in the Shopping mall. This excludes any workplace area utilized by the supervisor of the Shopping Center, mezzanine and/or basement areas not designated for retail purposes, and any outside seating areas or garden stores.
Considered that the theater inhabits about 90% of the mezzanine for its own commercial use, should the proprietor include or omit the mezzanine in the GLA for the Common Area Maintenance (CAM) computation?

Real Estate Lawyer: Richard

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My concern relates to the calculation of the Tenant's Proportionate Share.
I have actually rented a retail space surrounding to a film theater, which is likewise the proprietor. The theater utilizes around 90% of the mezzanine (the 2nd floor of the building) for housing projectors and equipment to show films.
In my commercial lease arrangement, the term " Tenant's Proportionate Share " specifies the ratio of the Gross Leasable Area (GLA) of the Premises to the overall gross leasable area of finished structures in the Shopping mall. This excludes any office used by the supervisor of the Shopping Center, mezzanine and/or basement areas not designated for retail purposes, and any outdoor seating areas or garden shops.
Considered that the cinema occupies about 90% of the mezzanine for its own business use, should the landlord consist of or leave out the mezzanine in the GLA for the Common Area Maintenance (CAM) calculation?

Good afternoon. Yes, in this scenario, you would need to consist of the mezzanine in the CAM computation because it is plainly being made use of for retail functions due to its connection to the theatre.

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The info supplied here is illegal advice. Since each state has various complexities in their laws, the details given is general in nature. This interaction does not establish an attorney-client relationship with you. I hope this answer has actually been handy to you.

Are you mindful of any case law or statute in California that I can refer to?

I'm sorry, I do not have the particular statutory or case law language at hand. I have actually been included in commercial leases for years, consisting of many that pertain to motion picture theatres, and I merely understand this is the standard practice. I have yet to one that wasn't calculated in this way.