Standard Lease

Page

- 1 “RESD Standard Lease” – (Rev-5/21)

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION

STANDARD LEASE FORM

LEASE COVERING PREMISES LOCATED AT

LESSOR'S FED. TAX. I.D., NO. OR SOCIAL SECURITY NO.

NANT AGENCY

Lease File No.:

oject

No.:

Preamble

THIS LEASE, made and entered into this day of by and between

hereinafter called the Lessor, without distinction as to number or gender, and the State of

California, acting by and through the Director of the Department of General Services, hereinafter

called the State.

WITNESSETH

Description

1. The Less

or hereby leases unto the State and the State hereby hires from the Lessor those

certain premises with appurtenances situated in the City of , County of , State of California, and

more particularly described as follows:

Approximately net usable square feet of office space on the floor of the building located at as

outlined in red on the attached Exhibit "A" plan, together with Outline Specifications marked

Exhibit "B" and Administrative Requirements marked Exhibit "C", said Exhibits "A" and "B" and

"C", Project No. dated , hereby being incorporated into this lease, and including nonexclusive

unobstructed parking spaces contiguous to the subject building, and unlimited use of the building's

common facilities. The State shall have access to and use of the leased premises 24 hours per

day, seven (7) days per week with no exceptions.

Early

Termination

Term

3. The State may terminate this lease at any time effective on or after , by giving written notice

to the Lessor at least thirty (30) days prior to the date when such termination shall become

effective. If the State fails to complete its move out within the notice period and remains in the

premises, additional rent shall be paid and prorated on a thirty (30) day month, based on the

actual number of days the State occupies the premises following the effective date of termination.

Remainder of Page Intentionally Left Blank

2. The term of this lease shall commence on , and shall end on , with such rights of termination

as may be hereinafter expressly set forth.

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Rent

4. Rental

payments shall be paid by the State, from legally available funds and subject to the

California Constitution, in arrears on the last day of each month during said term as follows:

Rental pay

able hereunder for any period of time less than one month shall be determined by

prorating the monthly rental herein specified based on the actual number of days in the month.

Rental shall be paid to Lessor at the address specified in Paragraph 5 or to such other address

as the Lessor may designate by a notice in writing. If the premises are not complete pursuant to

Paragraph 6 by the date shown in Paragraph 2, it is understood and agreed by and between the

parties that, at the State's sole option, the dates shown in Paragraphs 2 and 3 and the dates and

dollar amounts shown in Paragraph 4 may be adjusted to the first of the month following the

State's acceptance of the completed premises, such acceptance shall not unreasonably be

withheld. If the State exercises this option, it is agreed the State will complete unilaterally an

amendment to the lease to revise the herein above stated dates. Any accrued rents for the period

of time prior to the unilaterally adjusted commencement date will be paid in accordance with

Paragraph 8. Additionally, it is understood and agreed between the parties that, at the State's

option, the dates shown in the "CPI Escalator Operating Expenses" paragraph, if incorporated

herein, shall be adjusted to reflect the time delay between lease commencement and the first of

the month following the actual acceptance date. In the event this lease agreement contains a

provision granting the State an Option to Purchase the premises, it is further agreed herein by the

parties that, notwithstanding the provision of the Option to Purchase paragraph herein, the

effective dates and corresponding purchase option prices of said Option to Purchase shall be

adjusted consistent with any adjustment to the lease commencement date. Said "adjusted"

purchase option dates shall be established consistent herewith and incorporated into said lease

with a unilateral amendment by the State.

Remainder of Page Intentionally Left Blank

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D Standard Lease” – (Rev-5/21)

Notices

5. All

notices and correspondence herein provided to be given, or which may be given by

either party to the other, shall be deemed to have been fully given when made in writing and

either: 1) deposited in the United States Mail, certified and postage prepaid; or 2) sent via an

alternate commercial overnight delivery service (i.e. FedEx or similar) with receiver’s signature

required; and addressed as follows:

To the Lessor:

Phone No.:

FAX No.:

Email:

o the Stat

DEPARTMENT

OF GENERAL SERVICES, Phone No. (916) 375-4172

REAL ESTATE SERVICES DIVISION FAX No. (916) 375-4029

LEASE MANAGEMENT Email: [email protected]

707 THIRD STREET, SUITE 5-305

WEST SACRAMENTO, CA 95605

ALL NOTICES AND CORRESPONDENCE MUST REFERENCE

TENANT AGENCY AND PREMISES ADDRESS

Rental warrants shall be made payable to:

and mailed to:

Completion

and

Compliance

with Plans

and

Specifications

Nothing herein contained shall preclude the giving of any such written notice by personal

service. The address to which notices and correspondence shall be mailed to either party may

be changed by giving written notice to the other party.

6. Lessor agrees that, prior to , and at Lessor's sole cost and expense, all required

construction, improvements and/or alterations, if any, shall be completed and the leased premises

shall be made ready for State's occupancy in full compliance with Exhibit "A", consisting of # of

sheets sheet(s) titled, "Office Quarters, Project No. " dated , and in accordance with Exhibit "B",

consisting of # of pages pages, titled, "Outline Specifications, Project No. " dated , and Exhibit "C"

consisting of # of pages pages titled, "Administrative Requirements, Project No. " dated , which

Exhibits "A" and "B" and "C" are by this reference incorporated herein.

Notice of

Completion

and Access to

Premises

during

Construction

7. Lessor shall notify the State in writing by certified mail of the date the leased premises will

be completed and ready for occupancy at least thirty (30) days prior thereto. Such notice shall

be a condition precedent to the accrual of rental hereunder, except however, that if the State

occupies the premises prior to the receipt of such notice or prior to the expiration of the notice

period of such notice, rental shall commence to accrue as of the date of occupancy.

Following execution of this lease, and not more than sixty (60) days prior to completion of

construction and occupancy under this lease, State or its contractors or other representatives

shall have the right to enter the premises for the purpose of installing certain equipment such as,

but not limited to, modular system furniture, and electrical and telecommunications cabling and

equipment.

State agrees to indemnify and hold Lessor harmless from and against any claims, damages,

or other injury suffered by Lessor as a result of the work to be performed pursuant to this right to

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enter the premises prior to State's acceptance and occupancy of the premises, to the extent

authorized by Government Code section 14662.5. Lessor agrees to indemnify and hold State

and its agents, contractors or other representatives harmless from and against any claims,

damages, injury or other harm suffered by reason of the negligence or other wrongful act of Lessor

or any of Lessor's agents, contractors, or other representatives.

In no event shall the exercise of this right of entry be construed so as to cause an acceleration

of the occupancy date of this lease or the obligation of the State to pay rent.

Lessor and State shall each make all reasonable efforts to ensure that the respective

construction and installation work is scheduled in such a manner so as to not interfere with or

delay the other.

In the event that one or the other party causes a delay in the other party’s work, such injured

party shall be compensated in the following manner:

Delays caused by the Lessor:

Credit the State a compensating day of delay in the occupancy date and corresponding day of

delay in payment of rent.

Delays caused by the State:

Credit the Lessor a compensating day of payment of rent from the actual date of occupancy.

Compensation will be in one day increments.

The parties agree that this shall be the sole remedy for delay, in that the calculation of

damages in any other manner is too uncertain and not susceptible of accurate determination.

Early

ccupancy

8. Les

sor agrees that if the leased premises are ready for occupancy prior to the completion

date specified above in Paragraph 6, State may elect to occupy the premises on the earliest date

practical after its receipt of the herein required completion notice. The rent payable for any such

early occupancy by the State shall be at the rate of per month and shall be prorated on a daily

basis for any partial month.

Time limit and

Prior Tenancy

9. No

rental shall accrue under this lease, nor shall the State have any obligation to perform

the covenants or observe the conditions herein contained until the leased premises have been

made ready for occupancy in accordance with the provisions hereof. It is specifically agreed that

in the event the leased premises are not completed and ready for occupancy by the State on or

before , then and in that event the State may, at its option and in addition to any other remedies

it may have, terminate this lease and be relieved of any further obligations hereunder, providing

that a fair and reasonable allowance for the following delays shall be added to said time for

completion:

A. Acts of the State, its agents or employees, or those claiming under agreement with or

grant from the State; or by

B. The acts of God, which Lessor could not reasonably have foreseen or guarded against;

or by

C. Any strikes, boycotts or like obstructive actions by employees or labor organizations and

which are beyond control of Lessor, and which cannot be reasonably overcome; or by

D. Restrictive regulations by the Federal Government which are enforced in connection with

a National Emergency.

In the event that the State elects to occupy premises before the work on the premises

specified in Exhibit A, B, and C is fully completed, the State will provide the Lessor with a punch

list of work remaining to be completed (referenced as the State’s “Punch List”). Lessor agrees

that Lessor shall complete the remaining work no later than 14 calendar days from the date of

Conformity to

xhibits

eceipt of said Punch List. If said Punch List is not completed within the specified 14-day period,

Lessor agrees that, beginning on the first day after said 14-day period following occupancy of

premises by the State, rent may at the State’s sole option be reduced to which is seventy percent

(70%) of the base rent specified in paragraph 4 herein (excluding any amortization payments)

until such time that the Punch List work is completed in full and that such completion of work is

inspected and accepted by the State. The portion of the rent specified for amortization of tenant

improvements, if any shall continue to be paid in full without interruption.

It is understood and agreed that the rent reduction specified above does not relieve Lessor of

its obligation to complete said work and the State shall maintain all other remedies specified in

the Lease.

It is understood by all parties hereto that it shall be the Lessor’s responsibility to remove any

prior tenant.

10. Occupancy of the leased premises by the State shall not relieve Lessor in any respect

from full compliance at all times with aforesaid Exhibits "A" and "B" and "C". It is further

understood and agreed that any installation not in conformity with said Exhibits "A" and "B" and

"C" shall be immediately corrected by the Lessor at Lessor's sole cost and expense. In the event

Lessor shall, after receiving notice in writing from the State requiring the Lessor to comply with

the requirements of this paragraph in regard to a specified condition, fail, refuse or neglect to

remedy such condition, State may terminate this lease without further obligation, or as to such

specified condition, at its option and in addition to any other remedy the State may have, withhold

rent due and bring the leased premises into conformity with said Exhibits at its own cost including

State's Administrative costs, if any, and deduct the amount thereof from the rent that may then be

or thereafter become due hereunder.

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Asbestos

11. Lessor hereby warrants and guarantees that the space leased to the State will be

operated and maintained free of hazard from Asbestos Containing Materials (ACM) and agrees

to the conditions for survey, testing, and abatement of ACM described in Exhibit "B" as applicable.

Lessor specifically agrees that, in the event the State elects to exercise its rights under the

provisions of Paragraph 16 of this lease, any costs related to abatement or hazard from asbestos

shall be the Lessor's responsibility as described in the aforementioned Exhibit "B."

Parking

12. Lessor, at Lessor's sole cost and expense, shall clearly mark the parking spaces

described hereinabove as assigned to the State of California. Said parking spaces will be

arranged and maintained so as to provide unobstructed access to each parking space at any

time. In addition to any assigned parking spaces, State and its invitees shall have equal access

to common spaces provided to all tenants on a first-come, first-served basis.

ervices,

Utilities, and

Supplies

13. Lessor, at Lessor's sole cost and expense, during the term of this lease shall furnish the

following services, utilities, and supplies to the area leased by the State, and also to the "common"

building areas (if any) such as lobbies, elevators, stairways, corridors, etc., which State shares

with other tenants, if any:

A. Sewer, trash disposal, and water service, including both hot and cold water to the

lavatories.

B. Elevator (if any) service.

C. Electricity and/or gas as necessary to provide power for heating, ventilating, and air

conditioning, and electrical or gas service as needed for State's operations.

D. Janitorial services sufficient to maintain the interior in a clean well-maintained condition;

that is, to eliminate all visible dust, dirt, litter, grime, stains, smears, finger marks, etc., to

the greatest practical degree possible, by performing at least the following:

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Daily:

(1) Empty and clean all trash containers, and dispose of all trash and rubbish.

(2) Clean and maintain in a sanitary and odor-free condition all floors, wash mirrors,

basins, toilet bowls, and urinals.

(3) Furnish and replenish all toilet room supplies (including soap, towels, seat covers,

toilet tissue, and sanitary napkins). Furnish and replenish paper towel supply in all

areas of the leased space.

(4) Sweep or dust mop all hard surface floors, and carpet sweep all carpeted areas,

including stairways and halls. Offices with hard surface floors in the public lobby area

shall be damp-mopped daily.

(5) Remove finger marks and smudges from all glass entrance doors.

(6) Specifically check, and if action is needed, then:

a. Dust the tops of all furniture, counters, cabinets, and window sills, (which are free

of interfering objects).

b. Remove spots and/or spills from the carpets, floors, and stairways.

As needed, but not less frequently than:

Twice Weekly: Vacuum all carpets.

Weekly:

(1) Damp mop all hard surface floors.

(2) Dust all window blinds.

(3) Treat stainless steel fountains and sinks to eliminate stains and mineral deposits.

(4) Spot clean the walls.

Quarterly:

(1) Strip all hard surface floors and apply a new coat of floor finish; buff as necessary to

produce a uniformly shining appearance.

(2) Treat carpets for static electricity control (if not integrated in the fabric).

Semi-annually: Wash all windows, window blinds, light fixtures, walls, and painted

surfaces.

Annually:

(1) Steam clean carpets to remove all stains and spots.

(2) Clean window coverings.

In the event of failure by the Lessor to furnish any of the above services or supplies in a

satisfactory manner, the State may furnish the same at its own cost; and, in addition to any other

remedy the State may have, may deduct the amount thereof, including State's administrative

costs, from the rent that may then be, or thereafter become due hereunder.

Repair and

Maintenance

14. A. During the lease term, the Lessor shall maintain the leased premises in good repair

and tenantable condition, so as to minimize breakdowns and loss of the State's use of the

premises caused by deferred or inadequate maintenance, including, but not limited to:

(1) Generally maintaining the leased premises in good, vermin-free, operating condition

and appearance.

(2) Furnishing prompt, good quality repair of the building, equipment, and

appurtenances.

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(3) Furnishing preventative maintenance, including, but not limited to, manufacturer’s

recommended servicing of equipment such as elevator (if any), heating, ventilating

and air conditioning equipment, and fixtures.

(4) Furnishing ongoing maintenance and prompt repair of any and all existing special

equipment and systems and all special equipment and systems referenced in Exhibits

A and B including but not limited to, security and access control systems, fire

suppression systems, special HVAC systems for computer rooms, and UPS systems.

(5) Furnishing and promptly replacing any inoperative light bulbs, fluorescent tubes,

ballast, starters, and filters for the heating, ventilating and air conditioning equipment

as required.

(6) Furnishing remedial painting as necessary to maintain the premises in a neat, clean

and orderly condition.

(7) Annual testing and maintenance of all fire extinguishers in or adjacent to the leased

premises.

(8) Repairing and replacing as necessary intra-building network cable and inside wire

cable used for voice and data transmission.

(9) Repairing and replacing parking lot bumpers and paving as necessary. Repaint

directional arrows, striping, etc., as necessary.

(10) On a weekly basis, sweeping parking areas and sidewalks, maintaining landscaped

areas, including sprinklers, drainage, etc., in a growing, litter-free, weed free, and

neatly mowed and/or trimmed condition.

(11) Repairing and replacing floor covering as necessary. Lessor, at Lessor's sole cost,

shall arrange for moving of furniture and equipment prior and subsequent to the

repairing or replacement of floor covering.

(12) Keeping all walkways, parking lots, entrances, and auxiliary areas free of snow,

water, oil spills, debris, or other materials which may be hazardous to users of the

building.

B. Lessor shall provide prompt repair or correction for any damage except damage arising

from a willful or negligent act of the State's agents, employees or invitees.

C. Except in emergency situations, the Lessor shall give not less than 48 hours prior notice

to State tenants, when any pest control, remodeling, renovation, or repair work affecting

the State occupied space may result in employee health concerns in the work

environment.

D. In case Lessor, after notice in writing from the State requiring the Lessor to comply with

the requirements of this paragraph in regard to a specified condition, shall fail, refuse or

neglect to comply with such notice, or in the event of an emergency constituting a hazard

to the health or safety of the State's employees, property, or invitees, the State may

terminate this lease without further obligation or at its option, perform such maintenance

or make such repair at its own cost and, in addition to any other remedy the State may

have, may withhold rent due and deduct the amount thereof, including necessary costs

incurred by the State required for the administration of such maintenance and repairs,

from the rent that may then be or thereafter become due hereunder.

Painting

15. In addition to any painting completed prior to the commencement of this lease, and touch-

up painting required after initial occupancy upon receipt of written request from the State, Lessor

agrees at Lessor's sole cost and expense to repaint all painted surfaces ([X] interior and [ ]

exterior) of the leased premises in accordance with the attached Exhibits "A" and "B". In no event

shall Lessor be required to repaint more than once during the first sixty (60) month period of this

lease after the painting completed prior to the commencement date, and once during any

succeeding sixty (60) month period. Lessor shall, within forty-five (45) days from the giving of any

such notice, arrange for and complete the painting. All painting of interior premises shall be

performed after business hours or as otherwise agreed upon by the State. Colors are to be

approved by the State. Lessor, at Lessor's sole cost, shall arrange for moving of furniture and

Change

Orders and

Alterations

equi

pment prior and subsequent to the repainting, and provide drop cloths, and covers as

necessary.

16. The State shall have the right during the existence of this lease to make change orders

and alterations; attach fixtures; and erect additions, structures, or signs in or upon the leased

premises. Such fixtures, additions, structures, or signs so placed in or upon or attached to the

premises under this lease or any extension hereof shall be and remain the property of the State

and may be removed therefrom by the State prior to the termination or expiration of this lease or

any renewal or extension hereof, or within a reasonable time thereafter.

In the event alterations, fixtures, additions, structures, or signs in or upon the leased premises

are desired by State and State elects not to perform the work, any such work, when authorized in

writing by the State shall be performed by the Lessor in accordance with plans and specifications

provided by State. Lessor agrees to obtain competitive bids from at least three licensed

contractors and to contract with the lowest bidder. Lessor further agrees that the overhead and

profit for the work shall not exceed fifteen percent (15%) total for Lessor and any general

contractor combined. Within forty-five (45) days after receiving Lessor's notice of completion of

the requested work and an invoice requesting payment therefor, together with a complete detailed

accounting of all costs for each trade, State agrees to reimburse Lessor by a single total payment

for the cost of such work.

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Assignment

and

ubletting

Quiet

Possession

17. The

State shall not assign this lease without prior written consent of the Lessor, which

shall not be unreasonably withheld, but shall in any event have the right to sublet the leased

premises.

18. The Lessor agrees that the State, while keeping and performing the covenants herein

contained, shall at all times during the existence of this lease, peaceably and quietly have, hold,

and enjoy the leased premises without suit, trouble, or hindrance from the Lessor or any person

claiming under Lessor.

Inspection

19. The Lessor reserves the right to enter and inspect the leased premises at reasonable

times, and to render services and make any necessary repairs to the premises.

Destruction

20. If the leased premises are totally destroyed by fire or other casualty, this lease shall

terminate. If such casualty shall render ten percent (10%) or less of the floor space of the leased

premises unusable for the purpose intended, Lessor shall effect restoration of the premises as

quickly as is reasonably possible, but in any event within thirty (30) days.

In the event such casualty shall render more than ten percent (10%) of such floor space

unusable but not constitute total destruction, Lessor shall forthwith give notice to State of the

specific number of days required to repair the same. If Lessor under such circumstances shall

not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall

specify that such repairs will require more than ninety (90) days to complete from date such notice

is given, State, in either such event, at its option may terminate this lease or, upon notice to

Lessor, may maintain occupancy and elect to undertake the repairs itself, deducting the cost

thereof from the rental due or to become due under this lease and any other lease between Lessor

and State.

In the event of any such destruction other than total, where the State has not terminated the

lease as herein provided, or pursuant to the terms hereof has not elected to make the repairs

itself, Lessor shall diligently prosecute the repair of said premises and, in any event, if said repairs

are not completed within the period of thirty (30) days for destruction aggregating ten percent

(10%) or less of the floor space, or within the period specified in Lessor's notice in connection

with partial destruction aggregating more than ten percent (10%), the State shall have the option

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to terminate this lease or complete the repairs itself, deducting the cost thereof from the rental

due or to become due under this lease and any other lease between Lessor and State.

In the event the State remains in possession of said premises though partially damaged, the

rental as herein provided shall be reduced by the same ratio as the net square feet the State is

thus precluded from occupying bears to the total net square feet in the leased premises. "Net

square feet" shall mean actual inside dimensions and shall not include public corridors, stairwells,

elevators, and restrooms.

It is understood and agreed that the State or its agent has the right to enter its destroyed or

partially destroyed leased facilities no matter what the condition. At the State's request, the

Lessor shall immediately identify an appropriate route through the building to access the State

leased space. If the Lessor cannot identify an appropriate access route, it is agreed that the State

may use any and all means of access at its discretion in order to enter its leased space.

Subrogation

Waived

21. To the extent authorized by any fire and extended coverage insurance policy issued to

Lessor on the herein leased premises, Lessor hereby waives the subrogation rights of the insurer,

and releases the State from liability for any loss or damage covered by said insurance.

Prevailing

Wage

Provision

22. For those projects defined as "public works" pursuant to Labor Code §1720.2, the

following shall apply:

A. Lessor/contractor shall comply with prevailing wage requirements and be subject to

restrictions and penalties in accordance with §1770 et seq. of the Labor Code which

requires prevailing wages be paid to appropriate work classifications in all bid

specifications and subcontracts.

B. The Lessor/contractor shall furnish all subcontractors/employees a copy of the

Department of Industrial Relations prevailing wage rates which Lessor will post at the job

site. All prevailing wage rates shall be obtained by the Lessor/contractor from:

Department of Industrial Relations

Division of Labor Statistics and Research

455 Golden Gate Avenue, 8th Floor

San Francisco, California 94102

Phone: (415) 703-4774

Fax: (415) 703-4771

For further information on prevailing wage: http://www.dir.ca.gov/dlsr/statistics_research.html

C. Lessor/contractor shall comply with the payroll record keeping and availability requirement

of §1776 of the Labor Code.

D. Lessor/contractor shall make travel and subsistence payments to workers needed for

performance of work in accordance with the Labor Code.

E. Prior to commencement of work, Lessor/contractor shall contact the Division of

Apprenticeship Standards and comply with §1777.5, §1777.6, and §1777.7 of the Labor

Code and Applicable Regulations.

Fair

Employment

Practices

23. During the performance of this lease, the Lessor shall not deny benefits to any person on

the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor

shall they discriminate unlawfully against any employee or applicant for employment because of

race, religion, color, national origin, ancestry, physical handicap, mental disability, medical

condition, marital status, age, or sex. Lessor shall ensure that the evaluation and treatment of

employees and applicants for employment are free of such discrimination.

Lessor shall comply with the provisions of the Fair Employment and Housing Act (Government

Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of

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Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1,

Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.8), and

the regulations or standards adopted by the awarding State agency to implement such article.

DVBE

Participation

24. The State of California supports the use of Disabled Veteran Business Enterprise (DVBE)

and we encourage the Lessor to utilize DVBEs when contracting for tenant improvements and

services. Lessor shall complete the DVBE Program Certification Sheet (Form F) attached in

Exhibit “C” herein prior to acceptance and occupancy of this lease. Lessor may refer to the

following internet link for DVBE guidelines and instructions.

Disabled Veteran Business Enterprise (DVBE) Program Guidelines

Service

Companies

25. Within fifteen (15) days after occupancy of the leased premises by the State, Lessor shall

provide the State with the name, address, and telephone number of an agency or person

convenient to the State as a local source of service regarding the Lessor's responsibilities under

this lease as to repairs, maintenance, and servicing of the premises and any or all related

equipment, fixtures, and appurtenances.

Service Credit

26. Lessor agrees that the rental provided under the terms of Paragraph 4 hereof is based in

part upon the costs of the services, utilities, and supplies to be furnished by Lessor in accordance

with Paragraph 13 hereof. In the event the State vacates the premises prior to the end of the

term of this lease, or, if after notice in writing from the State, all or any part of such services,

utilities, or supplies for any reason are not used by the State, then, in such event, the monthly

rental as to each month or portion thereof as to which such services, utilities, or supplies are not

used by the State shall be reduced by an amount equal to the average monthly costs of such

unused services, utilities, or supplies during the six-month period immediately preceding the first

month in which such services, utilities, or supplies are not used.

Holding Over

27. In the event the State remains in possession of the premises after the expiration of the

lease term, or any extension or renewal thereof, this lease shall be automatically extended on a

month to month basis, subject to thirty (30) days termination by either party, and otherwise on the

terms and conditions herein specified, so far as applicable. If the last rental amount shown in

Paragraph 4 included the amortization of a capital sum expended by Lessor for certain alterations

and improvements, as described in a separate paragraph herein, and the capital sum has been

fully amortized, the holdover rent shall be reduced by the amount of the monthly amortization. If

the State fails to vacate the premises within the notice period and remains for an extended period,

additional rent shall be paid and prorated on a thirty (30) day month, based on the actual number

of days the State occupies the premises following the effective date of termination.

Surrender of

Possession

28. Upon termination or expiration of this lease, the State will peacefully surrender to the

Lessor the leased premises in as good order and condition as when received, except for

reasonable use and wear thereof and damage by earthquake, fire, public calamity, the elements,

acts of God, or circumstances over which State has no control or for which Lessor is responsible

pursuant to this lease. The State shall have no duty to remove any improvements or fixtures

placed by it on the premises or to restore any portion of the premises altered by it, save and

except in the event State elects to remove any such improvements or fixtures and such removal

causes damages or injury to the leased premises, and then only to the extent of any such damage

or injury.

Time of

Essence,

Binding upon

Successors

29. Ti

me is of the essence of this lease, and the terms and provisions of this lease shall

extend to and be binding upon and inure to the benefit of the heirs, executors, administrators,

successors, and assigns to the respective parties hereto. All of the parties hereto shall be jointly

and severally liable hereunder.

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ase” – (Rev-5/21)

No Oral

Agreements

30. It is mutually understood and agreed that no alterations or variations of the terms of this

lease shall be valid unless made in writing and signed by the parties hereto, and that no oral

understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

Service

Contracts

Wages and

Benefits

31. All janitorial and housekeeping services, custodians, food services workers, laundry

workers, window cleaners and security guards provided by Lessor pursuant to the provisions of

this lease, shall be in full compliance with the requirements of Government Code (GC) 19134 if

applicable, including but not limited to the following:

A. Lessor agrees that service contract agreements for such services will provide employee

wages and benefits that are valued at eighty-five (85%) of the State Employer cost of

providing comparable wages and benefits to state employees performing similar duties.

For these purposes, benefits include health, dental, vision, retirement, holiday pay, sick

pay and vacation pay.

B. Lessor shall ensure that each contractor and subcontractor providing such services is

provided a copy of the applicable regulations for GC 19134.

C. Lessor agrees to certify on a quarterly basis that all contracts executed by Lessor are in

compliance with GC 19134.

D. Lessor agrees to include in the service contract agreements the applicable reporting, audit

and termination for breach provisions as described in the applicable regulations for GC

19134.

Accessibility

Compliance

32. Lessor shall be solely responsible for compliance with all applicable accessibility

standards, Federal and State statutes and regulations, including the Americans with Disabilities

Act, and shall ensure that the premises are fully accessible by all persons. Lessor guarantees

that the premises comply with all applicable accessibility standards upon State’s occupancy of

the leased premises. When an accessibility issue or concern arises, Lessor shall be responsible

for upgrading or retrofitting the premises to address the accessibility issue or concern and ensure

that current accessibility standards are met. Upon notice from State, Lessor shall have 30 days

to begin work to address any identified accessibility issues or concerns. Lessor shall begin work

and diligently pursue such work to completion within a time frame mutually agreed upon in writing

by the parties. In the event Lessor fails to either begin work within the 30-day notice period or

pursue such work diligently to completion within the mutually agreed time frame, State shall have

the right, but not the obligation, to address the accessibility issue or concern within the Leased

Premises at its cost and expense, and deduct such cost and expense from the monthly

rent. Lessor shall indemnify, defend and hold State harmless from any claims or damages arising

from or related to failure to comply with accessibility standards or claims or damages arising from

or related to lack of access to the premises or portions thereof.

Construction-

Accessibility

Standard

Compliancy

Act

33. Pursuant to California Civil Code §1938, the Lessor states that the leased premises:

have not undergone an inspection by a Certified Access Specialist (CASp). A 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 premises, the Lessor

may not prohibit the tenant from obtaining a CASp inspection of the premises for

occupancy by the tenant, if requested by the 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.

have undergone an inspection by a Certified Access Specialist (CASp) and it was

determined that the leased premises met all applicable construction-related

accessibility standards pursuant to California Civil Code §55.53 et seq. Lessor shall

provide a copy of the current disability access inspection certificate and any

inspection report to the State within seven days of the date of execution of the lease

pursuant to subdivision (b).

have undergone an inspection by a Certified Access Specialist (CASp) and it was

determined that the leased premises did not meet all applicable construction-related

accessibility standards pursuant to Californi

a Civil Code §55.53 et seq. Lessor shall

provide a copy of any inspection report to the State prior to the execution of the

Lease. If the report is not provided to the State at least 48 hours prior to execution of

the lease, the State shall have the right to rescind the lease, based upon the

information contained in the report, for 72 hours after execution of the lease.

In the event Lessor marks

option three above, Lessor guarantees that it shall remedy or has

remedied all accessibility issues identified in the report.

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IN WITNESS WHEREOF, this lease has been executed by the parties hereto as of the dates written below

STATE OF CALIFORNIA

Approval Recommended

DEPARTMENT OF GENERAL SERVICES

REAL ESTATE SERVICES DIVISION

ASSET MANAGEMENT BRANCH

Real Estate Leasing and Planning Section

Date

LESSO

Approved:

DIRE

CTOR OF THE DEPARTMENT

OF GENERAL SERVICES

Real Estate Leasing and Planning Section

Date

Enter Name, Title (Real Estate Officer)

Enter Name, Title (Leasing Manager)

Enter Name, Title, and Office Here