Accessibility Disclosures. California 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. The law does not require landlords to have the inspections performed. Tenant is advised that the Premises have not been inspected by a CASp. A CASp can inspect the Premises and determine if they comply with all the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the Premises or Common Areas, City may not prohibit Tenant from obtaining a CASp inspection of the Premises or Common Areas for the occupancy or potential occupancy of Tenant if requested by Tenant. 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 CASp inspection fee and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the 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 might impact accessibility to the Premises under any disability access Legal Requirements.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Accessibility Disclosures. (1) California Civil Code Section 1938 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. The law does Landlord discloses: (i) Landlord has not require landlords been issued a disability access inspection certificate, as described in California Civil Code (“CC”) Section 55.53(e); (ii) pursuant to have the inspections CC Section 1938, that Landlord has not ordered, performed. Tenant is advised that , or caused to be performed, a Certified Access Specialist (“CASp”) inspection of the Premises have not been inspected by a (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. A CASp ) can inspect the Premises subject premises and determine if they whether the subject premises 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 Premises subject premises, the commercial property owner or Common Areas, City lessor may not prohibit Tenant the lessee or tenant from obtaining a CASp inspection of the Premises or Common Areas subject premises for the occupancy or potential occupancy of Tenant the lessee or tenant, if requested by Tenantthe lessee or tenant. City and Tenant will The parties shall 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 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, premises.” Landlord and Tenant signed, the Disability Access Obligations Notice described in Section 38.3 of the San Francisco Administrative Code. agree that if Tenant and City each agree desires to use reasonable efforts to notify the other Party if making any Alterations that might impact accessibility to have the Premises under any disability access Legal Requirements.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 Agreement, Lease Agreement
Accessibility Disclosures. California 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. The law does not require landlords to have the inspections performed. Tenant is advised that the Premises have not been inspected by a CASp. A CASp can inspect the Premises and determine if they comply with all the applicable construction- related accessibility standards under state law. Although state law does not require a CASp inspection of the Premises or Common AreasPremises, City may not prohibit Tenant from obtaining a CASp inspection of the Premises or Common Areas for the occupancy or potential occupancy of Tenant if requested by Tenant. City and Tenant Xxxxxx will mutually agree on the arrangements for the time and manner of the CASp inspection; Tenant will be responsible for , the payment of the CASp inspection fee fee, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises and Common Areas (subject to the Common Area Rent Credit, if applicable)Premises. Tenant acknowledges that before the execution of this Lease, City provided Tenant with, and Tenant Xxxxxx signed, the Disability Access Obligations Notice (a copy of which is attached as Exhibit H) described in Section 38.3 of the San Francisco Administrative Code. Tenant and City each agree to shall use reasonable efforts to notify the other Party if making any Alterations (as defined in Section 7.1 [Tenant’s Alterations] below) that might impact accessibility to the Premises under any disability access Legal Requirements (defined in Section 11 [Compliance with Legal Requirements] below).
Appears in 1 contract
Samples: Office Lease