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46, Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease Is not Intended to be binding until executed and delivered by all Parties hereto, 47. Amendments, This Lease may be modified only In writing, signed by the Parties in interest at the time of the modification. As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as maybe reasonably required by a Lender In connection withthe obtaining of normal financing or refinancing of the Premises. OR ARISING OUT OF THIS AGMEEMEN11% 49. Arbitration of Disputes, An Addendum requiring the Arbitration of all disputes between the Parties and/or Brokers arising out of this lease 0Is le is not attached to this Lease. 50, Accessibility; Americans with Disabilities Act. � J� (a) The Premises: LY-1 have not undergone an inspection by a Certified Access Specialist (CASp). Note: ACertified Amass Specialist (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 subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, B requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the Casio inspection, the payment of the fee for the CASp inspection, and the cast of making any repairs necessary to correct violations of construction -related accessibility standards within the premises. 11 have undergone an Inspection by Certified Access Specialist (CASp) and it was determined that the Premises met all applicable construction -related accessibility standards pursuant to California Civil Code§55.51 at seq. Lessee acknowledges that It received a. copy of the inspection report at least 48 hours prior to executing this Lease and agrees to keep such report confidential. ❑ have undergone an inspection by a Certified Access specialist (CASp) and It was determined that the Premises did not meet all applicable construction -related accessibility standards pursuant to California Civil Code§55.51 at seq. Lessee acknowledges that it received a copy of the inspection report at least 48 hours prior to executing this Lease and agrees to keep such report confidential except as necessary to complete repairs and corrections of violations of construction related accessibility standards. In the event that the Premises have been issued an inspection report by a CASp the Lessor shall provide a copy of the disability access inspection certificate to Lessee within 7 days of the execution of this Lease. (b) Since compliance with the Americans with Disabilities Act (ADA) and other state and local accessibility statutes are dependent upon Lessee's specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADAor any similar legislation. In the event that Lessee's use of the Premises requires modifications or additions to the Premises in order to be In compliance with ADA or other accessibility statutes, Lessee agrees to make arty such necessary modifications and/or additions at Lessee's expense. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBYAGREETHAT, ATTHE TIME THIS LEASE Is EXECUTED, THETERMS OF THIS LEASE ARE COMMERCIALLY REASONABLEAND EFFECTUATE THE INTENT AND PURPOSE OF LESSORAND LESSEE WITH RESPECTTO THE PREMISES, ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BYANY BROKER AS TOTHE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THETRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSELAS TOTHE LEGALANDTAX CONSEQUENCES OF THIS !EASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUTNOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES ARE LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED, The parties hereto have executed this lease at the place and on the dates specified above their respective signatures. Executed at: ---.,_ On: By LESSOR: Rick D /K�aRasooff p i �% By: _21 Name Pointed:— Title: Phone Fax: _^ Email: By: _ Name Printed: Executedat: — On: _,_ By LESSEE: City of Santa Ana By: See attached signature page Name Printed: Title: — Phone: Fax: — Email: By: Page 15 of 16 INITIALS Last Edited: 3/14/2024 3:33 PM INITIALS 0 2017 AIR CRE. All Rights Reserved. M-27.20, Revised 11-01-2017