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Old 08-23-2017, 09:46 PM
 
52 posts, read 47,376 times
Reputation: 49

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I just signed the new lease and these CAM charges was in it!
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Old 10-24-2017, 11:06 PM
 
52 posts, read 47,376 times
Reputation: 49


under Google law website


Common Area Maintenance. (A) Tenant shall pay to Landlord, without offset or deduction, except as set forth herein, as additional rent throughout the Lease Term, as same may be extended or renewed, as set forth herein, Common Area Maintenance costs for the Premises. The Common Area Maintenance costs are estimated to be One Thousand Eleven and 17/100 ($1,011.17) Dollars per month for the first Calendar Year. (B) For the period from the Rent Commencement Date until December 31 of the Calendar Year containing the Rent Commencement Date, Tenant shall pay to monthly Tenants Share of Common Area Maintenance costs in the amount set forth in Subparagraph 4.1(A), or in such other amount thereof as Landlord may reasonably designate. Within one hundred twenty (120) days after the expiration of each Calendar Year, Landlord shall determine the costs and expenditures of Common Area Maintenance for such preceding Calendar Year. In the event that the amounts paid by Tenant in such preceding Calendar Year for Common Area Maintenance shall be (i) less than Tenants Share of Common Area Maintenance costs actually incurred by Landlord, the deficiency shall be paid by Tenant to Landlord within thirty (30) days after receipt by Tenant of written notice of such deficiency (along with reasonable supporting documentation therefor), or (ii) more than Tenants Share of Common Area Maintenance costs paid by Tenant, then Landlord shall promptly provide Tenant with written notice of the amount of such excess payment, and the excess shall be retained by Landlord and be credited to the next sums due from Tenant under this Paragraph 4.1; provided, however, that in the event that such excess is paid by Tenant during the final year of the Lease Term, then within thirty (30) days of the expiration of the Lease Term, Landlord will pay Tenant the then-applicable excess promptly after determination thereof. At any time, and from time to time, before, on or after the expiration of the first Calendar Year or any subsequent Calendar Year during the Lease Term, as the Lease Term may be extended or renewed, Landlord may estimate or revise the estimate of the costs and expenditures for Common Area Maintenance for the remainder of the extant Calendar Year or the ensuing Calendar Year, which determination may be based in whole or in part upon the expenses for the extant, preceding or ensuing Calendar Year as increased by any known or anticipated increases in the cost of Common Area Maintenance, or by any combination thereof, together with Landlords determination of the Common Area Maintenance costs paid by Tenant, and Landlord shall be entitled to notify Tenant of the monthly sum to be paid by Tenant to Landlord during the remaining months of such Calendar Year or the next ensuing Calendar Year. Upon each such determination of Tenants Share of Common Area Maintenance costs to be paid by Tenant, as provided herein, Tenant shall make such payments in such amounts as are provided for herein until receipt of notice from Landlord of any change in such amounts. The purpose for which such payments of Common Area Maintenance costs shall be utilized shall be determined solely by Landlord. Subject to Special Stipulation 2 and Special Stipulation 7. (C) Provided no Tenant Default shall have occurred and be continuing, Tenant shall have the right at all reasonable times within two (2) years after Landlord has provided Tenant with a statement of the actual Common Area Maintenance costs, and at Tenants sole expense, to audit Landlords books and records relating to the Common Area, subject to the following conditions: (i) Tenant gives Landlord thirty (30) days prior written notice of Tenants intent to audit; (ii) the audit occurs during Landlords normal business hours and in Landlords principal offices; (iii) Tenant may only audit said records and books once during each Calendar Year; (iv) the audit must be conducted and completed within twelve (12) months after receipt of the final Common Area Maintenance costs statement for such Calendar Year; (v) Tenant provides Landlord a copy of the auditors report; (vi) Tenant shall keep the results of such audit and Landlords books and records strictly confidential; (vii) the audit must be conducted by an accountant experienced in conducting such audits; and (viii) the auditor shall not be retained on a contingency basis, i.e., the auditors fee shall not be based upon the results of the audit. If Tenants audit performed in accordance with the preceding accurately determines Tenant overpaid Landlord, Landlord shall refund to Tenant the amount overpaid within thirty (30) days after receipt of Tenants request therefor, less any monies owed by Tenant to Landlord. If Tenant overpaid Landlord by more than five percent (5%), Landlord also shall pay to Tenant, upon written demand, the reasonable and actual cost of the audit or examination, said cost not to exceed Two Thousand Five Hundred and No/100 ($2,500.00) Dollars.
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