ADA Improvements. The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities and guarantees them accessibility in all areas of public life, including jobs, transportation, schools, and all public and private places, even websites. Buildings and spaces must be built or modified to comply with both state and federal accessibility regulations under the ADA. ADA compliance is enforced through lawsuits. Failure to comply with ADA regulations can result in your practice being sued and ordered to pay substantial monetary penalties. It can be very costly to bring a rental space into compliance with the ADA. Therefore, if the space you are leasing requires a build-out, the TI allowance should include the cost of ADA improvements, such as: Wheelchair lifts; Wheelchair ramps; Elevators; ADA-compliant bathrooms; Minimum corridor widths and door clearances; Accessible treatment rooms and examination chairs; Etc. Both you and the landlord are responsible for assuring that the space you lease for your dental practice is accessible to individuals with disabilities and the details should be worked out in your lease. Here are a couple of suggested negotiation points:
ADA Improvements. The Foundation and City will work cooperatively to identify improvements to the Premises, if any, necessary to bring the Premises into compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. (the “ADA Improvements”). The list of ADA necessary improvements shall be updated annually.
ADA Improvements. The Parties acknowledge a shared intent to make improvements consistent with the Americans with Disabilities Act (ADA), herein the “ADA Improvements” on the Premises and Real Property. Duties and responsibilities concerning the development of plans and specifications for, and the construction of the ADA Improvements shall be determined in a separate agreement between the Parties. The final plans and specifications shall be subject to approval by City, which shall not be unreasonably withheld or delayed. Construction scheduling is subject to advance approval by and coordination with the City. The City retains the right to reasonably determine the construction schedule as may be needed to minimize interference with the City’s use of the Real Property.
ADA Improvements. Landlord acknowledges receipt of a copy of the Americans With Disabilities Act Title II Preliminary Program Evaluation Form completed by the San Mateo County Commission on Disabilities on August 8, 2005 (the "ADA Assessment"). Landlord shall, at its sole cost, make the Improvements to correct the following deficiencies identified in the ADA Assessment.
ADA Improvements. Landlord, through its general contractor approved by County ("Contractor"), shall perform the work and make the improvements to the Building and Common Areas as set forth in the attached Exhibit G (“ADA Improvements”), in a commercially reasonable effort to comply with ADA (Americans with Disabilities Act) requirements. Landlord shall make commercially reasonable efforts to complete the ADA Improvements within six months from the Commencement Date of this Lease at Landlord's sole cost and all ADA Improvements shall be completed within one (1) year of the Commencement Date. The Commencement Date shall not be contingent upon Landlord completing the ADA Improvements pursuant to this Section 7.5 and the parties agree that such ADA Improvements are not included within the definition of Leasehold Improvements Landlord is required to complete for County’s occupancy of the Premises pursuant to Section 6.1 above.
