This office lease clause lists a way to provide for variances between the rentable area of a "to be built" demised premises and the actual area after construction.
The Contra Costa California Remeasurement Clause is a legal provision frequently used in commercial leases when discrepancies exist between the rentable area and the actual area of a space being constructed. This clause aims to accurately determine the dimensions of the premises, ensuring fair rental agreements and preventing disputes. One of the main purposes of the Remeasurement Clause is to address situations where the space's actual area differs from the originally estimated or advertised measurements. Property owners and tenants usually rely on these measurements to determine rent and other related charges. However, due to various factors like construction errors or changes in design, the rentable area might not match the actual area upon completion. Under the Remeasurement Clause, both parties involved can request a remeasurement of the space to determine its accurate dimensions. This process involves engaging a qualified professional, such as an architect or a surveyor, to measure the premises according to industry standards. Key factors taken into consideration include the interior walls, common areas, shared spaces, and building service facilities. Different types of Remeasurement Clauses can be included in leases to address specific scenarios, such as: 1. Consensus-based Remeasurement Clause: This type requires the landlord and tenant to mutually agree on the remeasurement process and selected professionals. Both parties have the opportunity to negotiate and collaborate in determining the accurate area of the space. 2. Scheduled Remeasurement Clause: Here, the lease specifies predetermined intervals during which the remeasurement will occur. For example, the clause can state that the premises will be remeasured every five years to verify the rentable area. This allows for regular updates and adjustments to reflect any changes in the space. 3. Remedy-based Remeasurement Clause: This type outlines the necessary actions and remedies available for either party if significant discrepancies are found during remeasurement. For instance, if the actual area exceeds the stated measurements, the tenant may have the right to request rent reduction or reimbursement for past overpayments. Overall, the Contra Costa California Remeasurement Clause ensures fairness and transparency between landlords and tenants by accurately determining the rentable area. By including this provision in a commercial lease, potential variances between the estimated and actual dimensions of a space can be effectively addressed, facilitating harmonious and informed rental agreements.The Contra Costa California Remeasurement Clause is a legal provision frequently used in commercial leases when discrepancies exist between the rentable area and the actual area of a space being constructed. This clause aims to accurately determine the dimensions of the premises, ensuring fair rental agreements and preventing disputes. One of the main purposes of the Remeasurement Clause is to address situations where the space's actual area differs from the originally estimated or advertised measurements. Property owners and tenants usually rely on these measurements to determine rent and other related charges. However, due to various factors like construction errors or changes in design, the rentable area might not match the actual area upon completion. Under the Remeasurement Clause, both parties involved can request a remeasurement of the space to determine its accurate dimensions. This process involves engaging a qualified professional, such as an architect or a surveyor, to measure the premises according to industry standards. Key factors taken into consideration include the interior walls, common areas, shared spaces, and building service facilities. Different types of Remeasurement Clauses can be included in leases to address specific scenarios, such as: 1. Consensus-based Remeasurement Clause: This type requires the landlord and tenant to mutually agree on the remeasurement process and selected professionals. Both parties have the opportunity to negotiate and collaborate in determining the accurate area of the space. 2. Scheduled Remeasurement Clause: Here, the lease specifies predetermined intervals during which the remeasurement will occur. For example, the clause can state that the premises will be remeasured every five years to verify the rentable area. This allows for regular updates and adjustments to reflect any changes in the space. 3. Remedy-based Remeasurement Clause: This type outlines the necessary actions and remedies available for either party if significant discrepancies are found during remeasurement. For instance, if the actual area exceeds the stated measurements, the tenant may have the right to request rent reduction or reimbursement for past overpayments. Overall, the Contra Costa California Remeasurement Clause ensures fairness and transparency between landlords and tenants by accurately determining the rentable area. By including this provision in a commercial lease, potential variances between the estimated and actual dimensions of a space can be effectively addressed, facilitating harmonious and informed rental agreements.
