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Real Estate Law
My concern relates to Tenant's Proportionate Share estimation. I rented a retail space next to a theater that

My question relates to the calculation of the Tenant's Proportionate Share. I have actually leased a retail area adjacent to a theater, which is also the proprietor. The theater uses around 90% of the mezzanine (the second floor of the structure) for housing projectors and devices to reveal movies. In my business lease arrangement, the term "Tenant's Proportionate Share" defines the ratio of the Gross Leasable Area (GLA) of the Premises to the total gross leasable area of completed structures in the Shopping Center. This omits any workplace utilized by the manager of the Shopping mall, mezzanine and/or basement areas not designated for retail purposes, and any outside seating locations or garden shops. Considered that the movie theater inhabits about 90% of the mezzanine for its own commercial use, should the property manager 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 computation of the Tenant's Proportionate Share. I have actually rented a retail area surrounding to a cinema, which is likewise the proprietor. The theater utilizes approximately 90% of the mezzanine (the 2nd flooring of the building) for housing projectors and equipment to reveal motion pictures. In my business lease arrangement, 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 structures in the Shopping Center. This omits any office used by the supervisor of the Shopping Center, mezzanine and/or basement locations not designated for retail functions, and any outside seating locations or garden shops. Considered that the film theater inhabits about 90% of the mezzanine for its own commercial use, should the landlord include or exclude the mezzanine in the GLA for the Common Area Maintenance (CAM) computation?

Good afternoon. Yes, in this scenario, you would require to consist of the mezzanine in the CAM calculation since it is plainly being utilized for retail purposes due to its connection to the theatre.

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