Santa Clara, California is a vibrant city located in the heart of Silicon Valley. It is renowned for its high-tech industry, excellent educational institutions, and diverse community. In the world of real estate, Santa Clara, just like any other city, follows specific regulations and guidelines to ensure transparency and fairness. One essential component of commercial real estate leasing agreements is the Remeasurement Clause, particularly crucial when variances exist between the rentable and actual area of a space to be built. The Remeasurement Clause is a provision that comes into play when there is a discrepancy between the size of the space that is initially estimated or specified in the lease agreement, commonly referred to as the "rentable area," and the actual area after construction or completion, known as the "actual area." This clause allows for adjustments to be made to the rent or lease payment structure based on these variations. In Santa Clara, California, there are several types of Remeasurement Clauses that may be used in commercial leasing agreements to address variances between rentable and actual area. These clauses ensure that both landlords and tenants have a fair understanding of the space they are leasing and the applicable rent structure. Some common types of Remeasurement Clauses found in Santa Clara, California include: 1. Permitted Variance Clause: This type of clause allows for a certain percentage of variance between the rentable and actual area without triggering any adjustments to the lease agreement. For example, if the permitted variance is set at 5%, and the variance falls within this range, no changes need to be made to the lease payment structure. 2. Adjusted Rent Clause: This clause is utilized when the variance between the rentable and actual area exceeds the permitted limit set in the lease agreement. It stipulates that the rent should be adjusted accordingly based on the actual area to ensure a fair rental amount. 3. Equitable Adjustment Clause: This type of clause provides a mechanism for both parties to negotiate and agree upon a fair rent adjustment when there is a significant variance between the rentable and actual area. It allows for flexibility in reaching a mutually beneficial agreement that considers the specific circumstances of the space and leasing arrangement. By incorporating these Remeasurement Clauses into commercial lease agreements, Santa Clara, California ensures that both tenants and landlords have a framework within which to address any variations in space size. This promotes transparency, avoids disputes, and facilitates a fair and balanced leasing environment.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.