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Real Estate Law
My concern relates to Tenant's Proportionate Share estimation. I rented a retail space beside a cinema that
My question pertains to the calculation of the Tenant's Proportionate Share.
I have leased a retail space adjacent to a theater, which is likewise the proprietor. The theater makes use of approximately 90% of the mezzanine (the 2nd flooring of the structure) for housing projectors and devices to show films.
In my business 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 location of completed structures in the Shopping Center. This leaves out any office utilized by the manager of the Shopping mall, mezzanine and/or basement areas not designated for retail functions, and any outside seating areas or garden stores.
Considered that the cinema occupies about 90% of the mezzanine for its own industrial usage, should the proprietor consist of or omit the mezzanine in the GLA for the Common Area Maintenance (CAM) calculation?
Real Estate Lawyer: Richard
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My concern relates to the estimation of the Tenant's Proportionate Share.
I have actually leased a retail space nearby to a theater, which is likewise the proprietor. The theater uses approximately 90% of the mezzanine (the second floor of the structure) for housing projectors and equipment to reveal films.
In my business lease contract, the term " Tenant's Proportionate Share " specifies the ratio of the Gross Leasable Area (GLA) of the Premises to the overall gross leasable location of completed structures in the Shopping mall. This omits any workplace space utilized by the manager of the Shopping Center, mezzanine and/or basement locations not designated for retail functions, and any outdoor seating areas or garden shops.
Considered that the theater occupies about 90% of the mezzanine for its own commercial usage, should the landlord include or exclude the mezzanine in the GLA for the Common Area Maintenance (CAM) estimation?

Good afternoon. Yes, in this scenario, you would need to consist of the mezzanine in the CAM calculation because it is clearly being utilized for retail functions due to its connection to the theatre.
I hope this has offered the guidance you were looking for. I want you the best of luck!
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The info offered here is illegal guidance. Since each state has various complexities in their laws, the information offered is general in nature. This communication does not develop an attorney-client relationship with you. I hope this answer has been handy to you.
Are you familiar with any case law or statute in California that I can describe?
I'm sorry, I don't have the specific statutory or case law language at hand. I have actually been associated with industrial leases for many years, including many that relate to film theatres, and I merely understand this is the standard practice. I have yet to come across one that wasn't calculated in this way.