Common use of Accessibility Disclosures Clause in Contracts

Accessibility Disclosures. (1) California law requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist (“CASp”) to determine whether the property meets all applicable construction-related accessibility requirements. Landlord discloses: (i) Landlord has not been issued a disability access inspection certificate, as described in California Civil Code (“CC”) Section 55.53(e); (ii) pursuant to CC Section 1938, that Landlord has not ordered, performed, or caused to be performed, a Certified Access Specialist (“CASp”) inspection of the Premises (sometimes referred to as “premises” or “subject premises” for the herein disclosures); and (iii) Landlord makes the following statutory disclosure per CC Section 1938 (the required “CASp Disclosure”): “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Landlord and Tenant agree that if Tenant desires to have the Premises inspected by a CASp, then (1) Tenant will cause the inspection to occur within thirty (30) days after the Effective Date; (2) the inspection will occur during business hours on a business day;

Appears in 2 contracts

Samples: Lease, Lease

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Accessibility Disclosures. (1) California law Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist (“CASp”) to determine whether the property meets all applicable construction-related accessibility requirements. Landlord discloses: (i) Landlord has The law does not require landlords to have the inspections performed. Tenant is advised that the Premises have not been issued inspected by a disability access inspection certificate, as described in California Civil Code (“CC”) Section 55.53(e); (ii) pursuant to CC Section 1938, that Landlord has not ordered, performed, or caused to be performed, a Certified Access Specialist (“CASp”) inspection of the Premises (sometimes referred to as “premises” or “subject premises” for the herein disclosures); and (iii) Landlord makes the following statutory disclosure per CC Section 1938 (the required “. A CASp Disclosure”): “A Certified Access Specialist (CASp) can inspect the subject premises Premises and determine whether the subject premises if they comply with all of the applicable construction-construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premisesPremises or Common Areas, the commercial property owner or lessor City may not prohibit the lessee or tenant Tenant from obtaining a CASp inspection of the subject premises Premises or Common Areas for the occupancy or potential occupancy of the lessee or tenant, Tenant if requested by the lessee or tenantTenant. The parties shall City and Tenant will mutually agree on the arrangements for the time and manner of the CASp inspection, ; Tenant will be responsible for the payment of the fee for the CASp inspection fee and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Landlord Premises and Common Areas (subject to the Common Area Rent Credit, if applicable). Tenant acknowledges that before the execution of this Lease, City provided Tenant with, and Tenant signed, the Disability Access Obligations Notice described in Section 38.3 of the San Francisco Administrative Code. Tenant and City each agree to use reasonable efforts to notify the other Party if making any Alterations that if Tenant desires might impact accessibility to have the Premises inspected by a CASp, then (1) Tenant will cause the inspection to occur within thirty (30) days after the Effective Date; (2) the inspection will occur during business hours on a business day;under any disability access Legal Requirements.

Appears in 2 contracts

Samples: Lease, Lease

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