Item 20 - Santa Ana Regional Transportation Center: Lease Agreement

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3 State of California designated by the Joint Rules Committee, for the purposes of investigation t o ascertain compliance with this paragraph. The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon receipt of a final judgment having that effect from a court in action to which the Lessor was a pa rty, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Lessor has violated the Fair Employment and Housing Act and has issued an order, under Section 12970 of the Government Code which has become final. In the event of willful violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right immediately to terminate this lease and any necessary additional expense incurred by the State in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne by the Lessor. 13. HOLD OVER - In the event State remains in possession of the leased premises after the expiration date of this lease, the State’s continued possession shall create a tenancy from month to month with rental payable by State in arrears on the last day of each month in the amount specified in paragraph 2. The tenancy created herein shall be subject to all other terms and conditions of this lease. 14. ACCESSIBILITY – A. AMERICANS WITH DISABILITIES ACT (ADA) – Lessor warrants that the leased premises to be used by the State in the performance of this lease are readily accessible to and usable by individuals with disabilities with respect to services, programs, activities conducted by the State on the leased premised. In the event that Lessor makes alterations to any part of the leased premises used by the State, the alterations shall comply with the accessibility standards of the Americans with Disabilities Act (U.S.C.A. Section 12101 and following). In the event of violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right immediately to terminate this lease and any necessary additional e xpense incurred by the State in securing space equivalent to the leased premises, including the additional rental, if any shall be by the Lessor. B. CERTIFIED ACCESS SPECIALIST DISCLOSURE – Pursuant to Section 1938 of the Civil Code, the Lessor states that the leased premises: (check one) ☐ have not undergone an inspection by a Certified Access Specialist (CASp). ☐ have undergone an inspection by a Certified Access Specialist (CASp), it was determined that the leased premises met all applicable construction-related accessibility standards pursuant to Section 55.51 et seq. of the Civil Code, and Lessor provided the State with a copy of all reports prepared by the CASp. 15. INSURANCE – The State represents that, as an entity of the State of California, it is self-insured against damages, injury and other forms of liability. Lessor or other parties shall not be names as an additional insured therein. 16. ASBESTOS - Lessor hereby warrants and guarantees that the Premises leased to the State will be operated and maintained free of hazard from Asbestos-Containing Construction materials (ACCM), as that term is defined in Labor Code Section 6501.8. 17. SUBROGRATION WAIVER AND INDEMNITY - A. SUBROGATION WAIVER – To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein damaged premises, Lessor releases State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer. B. INDEMNITY – (1) To the extent that Paragraph 18.A is not applicable, State agrees to indemnify, hold harmless and defend Lessor, its officers, employees, representatives and agents from any and all liability, claims, demands, actions,