HomeMy WebLinkAboutCA EMPLOYMENT DEV DEPT 5 - 2005 , City of Santa Ana
•a ' Clerk of the Council COTC Office Use Only
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
7118 Ill K ) c;l
Note: If your agreement is grant related, please ensure that all grant retention requirements (T OF w j ,; Alta.
have been satisfied prior to signing the termination form. Ci
f _
Is the agreement(s)a permanent record?Yes No
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any.ques,tions.
The agreement with LVi{\A n, —
s/?\ 1► �No. A—Zc� �S — Z- Q — `— as completed onand final payment has been made.
(List all amendments. Use space below if needed.)
Department: {?�
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Phone/Ext.: j
(67/1.7v,/
Signature: ,11,,A J
Date: .� / 0)0C.7
Revised: 10-18-16
STATE OF CALIFORNIA
LEASE COVERING PREMISES LOCATED AT
1000 E. Santa Ana Boulevard
Santa Ana, CA
LESSOR'S FED. TAX W, NO OR SOCWL SECURITY NO
NIA
WZYWIMUCIZI
Employment Development Department
Preamble
Description
THIS LEASE, made and entered
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
this 8th day of August • by and between
A-2005-280
File No.: 4811-001
Project No.: 113840
hereinafter called the Lessor, without distinction as to number or gender, and the State of California, acting by and
through the Director of the Departmeril of General Services, hereinafter called the State;
WITNESSETH
L The Lessor hereby leases unto the State and the State hereby hires from the Lessor those certain premises with
'appurtenances situated in, the City Df Santa An County of Orange State of California, and more particuyarly
described as follows:
Approximately 5 451
first and second floors of the bui
California,as outlined in rod a)
specifications marked Exhibit "B"I
and C-', Project No. 113840 dated
(22) nonexclusive unobstructed pai
common facilities.
Term 2. The term of this lease shall a
termination as may be hereinafter exp
Ei}Aer parfj
Earlythe-State may terminate this
Termination the s�c aAlma t thin 30 days pri
complete its move out within the noti
on a thirty (30) day month, based on
date of termination,
feet of leased office space
107 QM/f®
on the
located atMme' anta Ana Boulevard. Suites TP And 220. Santa Ana
re" an d green (~'shargd"1 on the attached Exhibit "A" plan, together with
', said Exhibits "A" and "B"
18. 2005, hereby being incorporated into this lease, and including twenty-two
spaces contiguous to the subject building, and unlimited use of the building's
amence on August 1. 2005, and shall end on Julv 31. 2010, with such rights of
ssly set forth.
ase at any time effective on or after July 31 2007by giving written notice to
to the date when such termination shall become effective. If the Stale fails to
period and remains in the premises, additional rent shall be paid and prorated
actual number of days the State occupies the premises following the effective
Page -I
4'sTATEO... A IFORNIA' DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
STANDARD LEASE FORM
LEASE COVERING PREMISES LOCATED AT copy A-,zt e5 •icy
1000 E. Santa Ana Boulevard
Santa Ana, CA
N/A
TENANTAGENCY
Employment Development Departin
Preamble THIS TFACF�.r
Term
hereinafter called the
'through the Director c
I Th L
WITNESSETH'
by and
•• oeSSOr hetcuy MUSeS unix me mme arm me Mate nereoy rates from the Lessor those certain premises with
appurtenances,"situated in; the City of Santa Ane Couriiy,ofbrange,'-gtateofCalifornia and more pvaiicularly
' described as follows:
Early
Termination
�O 2
Approximately ^'✓•45l• s uare feet of leased office space includi 2 135 s uar feet of space for the
exclusive use of the State and - `quare feet of race which' is shared, between," i Sft-. Sublessor all on the
firstrand second floors'ofthe building located'at 1000 E.^Santa Arik Boulevard Suites and.'2200 Santa Aroma
California: as" outlined in red f`exciusive" Y and, Preen (•`shared" 1' on tba attached Exhibit "A""pian;` together with
specifidations marked Ehibit"§"�ampliaRee pFe 04 x l- , said Exhibits "A" and "B
aad "G", Project No. 113840 dated May 18 2005. hereby being mcorpo�aicd intothis lease, and "inc'luding twenty-two
(22)nonexclusive unobstructed parking spaees,contiguous to the subject lii)t ding, and unlfmiteduse of the building's
common facilities., -
4
2, The term of chis tease shall commence on August 1, 2005 and,sball end on July 31., 2010, with such rights of
•.
termination as maybe hereinafter expressly sat fo5ih. .
t dr_/�
,
3. 4U-Shaw-Shawmay terminate this, lease at any time effective dn, or after July 31,-2007, by giving written notice to
the �aR.teast thi 30 days prior to the date when such, ferminatio11 n 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
1.on a thirty (30) day month, based on the actual number of days the State occupies the premises following the effective
date of termination.
Page_I
^ ':^,� t 711
,. er
Rent 4. Rental shall be paid by the State in arrears on the last day of each month during said term as follows:
Six' Tem
SIX THOUSAND £3EffiT 14UNDRED g" AND N0/100 DOLLARS
/16 R4&9�om August 1, 2005 through July 31, 2006, then:
lP / Six Eiplt ldnd2d 7(je,;fy .
SEitEP7-THOUSAND S£�-;—; AND NO/Too DOLLARS
f� a
2-0 m l -4 '691-t10� from August 1 2006 through July 31 2007, then;
SEVEN THOUSAND AND NO/100'DOLLARS
Cly3 °`) (3q-2$Fr9g} from August l,"1007 through July 31 2008 them.,
SEVEN THOUSAND H[)DIDRED;BL AND NO/100 DOLLARS
�.{tt.'�-?—lfD °'A\ ,.f$?-34-99}from August 1, 2008 through July 31, 2009 then;
7 Pi /1 'a
SEVENTHOUSAND #HUNDREDTMR ANDNO/100 DOLLARS ^'
C� �q47--N tit2ftft tJj from August 1, 2009 through July 31, 2010.
J „
y' ; . Rental payable hereunder for any periodoftime lesrs}than one titnnth shall tie determined by, prorating the
monthly rental herein specified based on the actual number Fof days in 'e on Rental shallb`a paid to ,Lessor at the
- address spemfied in Paragrapll.5• or:to such other address as,;the Lessor may destgyla'te �by � notice m writing. if the
, tremt5es aze nof,caoapiate pursuant to Paragtaph 6 by tha,dpfe showp inPaz2graph 2; ri is understood and agreed by
; and between the parties that,, at the State's sole optlona tfi6dates shown in Pazagraphs 2 an, 3 and the dates and dollar
;, amounts -shown in^ Paragraph 4' may be adjusted eta the first of the, month' following the State's acceptance of the
completed= promises,suchacceptance shall not unreasonably 'tppie wrthheldJ� I1 ] State exercises tills option, it is agreed
the.State will complete unilaterally4an ainendmenl~te he Iaase o revise he herein aliova stated hates.' Any accrued
' "rents for the period of -time prior to the unilaferall� adjasttcd commencement' date vlttl be paid in accordance with
w
Paragraph 8. Additionally, it is understood and agreed between the parties that, at the state's option, the Cates shown
in the "CPI EseaIator,Operating Expenses pazagtaph, if incoTpbrated herein 'shall beadjnsied to reflect the time delay
between {8�se commencement and, th first of ie month fbIJ6' the ilatua{ aaca'pfinice date In §hrJ event this lease
agraemantrcontains aprovision granting the State an Option to Pu11 rchase t4epttmises, it is further agr`cod herein by the
parties"th`at; notwithstanding the provision of"the dPtion to Purchase paragraph herein, the effee'tive dates and
coaesponding purchase option prices of said Option to Purchase shall be adjusted consistent with any adjustment to
the lease commencement date, as 'stated above, which initial purchasc,' e tiori'date shalt in no .event be less than
twenty-foifr (24) months nor more thalr: thing -six (36) months from'tha;. adjusted" uomhtencement date. Said
' ,"adjusted" purchase -option date$'s{ialf b'C"established, consistent haewiltb 'attd incorporated, into said lease with a
unilateral amendment by the Sta[a,
r '
d
Notices 5. All notices and correspondence herein provided to be given, or which may be given by either party to the
other, shall bedeemed to have been fully given when made in writing and deposited in the United States Mail,
certified and postage prepaid and addressed as follows:
To the Lessor City of Santa Ana
110 A. west 4— mreet, Nuite ti
Santa Ana, CA 92701- Phone No (714) 647-6556
FAX No. (714) 647-6939
and to the State: DEPARTMENT OF GENERAL SERVICES,
REAL ESTATE SERVICES DIVISION." PHONE NO. (916) 3754172
LEASE MANAGEMENT ; D 4811-001
707 THIRD STREET, SUITE 5-305 - FAX NO. (9 11 16) 375-4173
WEST SACRAMENTO, CA 95605
ALL NOTICES AND CORRESPONDENCE MUST REFERENCE
u
TENANT AGENCY AND PREMISES ADDRESS ,
. Rental warrants shall be made payable to: City of Santa Ana ' a
b
t
and mailed to, City of Sauna Ana
" Downtown Develouthent Division
3 116 A- W. 4`s Street. Suite 6
r ,
Saaia,Aiia4 CA 927611
Nothing herein contained shall preclude the giving of any such 11 writtennotice,by personal service.,The address to
Which nonc'es and eorrespondmee shall be mailed to either party may he chaitged bygiving written.notiec to the other
pay
Completion and 6.'Lessor agrees that, prior to August 1, 2005 and at Lessors sole cost and expense, all required construction,
Compliance With improvements and/or alterations, if my, shall be completed and the leased'premises made ready foC`State's occupancy
Plans and
in full compliance with Exhibit "A", consisting of two 2 sheets titled "Affice Quarters, Project No. 113840" dated
Specifications 'May 18. 2005: and in accordance with Exhibit?B consisting of four (4) pages, titled, Shari Form Specifications,
Project No. 113840" dated May 18. 2005 which Exhibits 'A'%and B" are by this reference incorporated herein.
Notice of 7, Lessor shall notify the State to writing by certified mail of the date the leased premises will be completed and
Completion and ready for occupancy at least thirty (30) days prior thereto. Such notice shall be a condition precedent to the accrual of
Access to Premises rental hereunder, except: however, that if the State occupies the premises prior to the receipt of such notice or prior to
during the expiration of the notice period of such notice, rental shall commence to accrue as of the date of occupancy.
Construction -
Following execution of this lease, and not more than sixty days (60) 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 enter the premises prior to State's
acceptance and occupancy of the premises. 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..
Page -3.
Early
Time
Prior
777"M WTMMI,
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 actualdate,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. ,
ancy , . $: Lessor agrees that if the leased premises we ready for occupancy prior to the opmplenon daft spepified above
in Paragraph 6,•,Statg may elect to 'occupy the premises on:the earliest date prac11 tical after its"reicelpt oftheherein
y ` required completion notice. The rent payable for any such early occupancy by the State shall be at theiate of
SIX THOUSAND EIGHT HUNDRED SIXTY-EIGHT AND Nnfi on ( 686R.0 0) per rionfh; and. shall be prorated on
a daily basis for any partial month.
rd 9. No rental shall; accrue under this lease, nor shall the+State have any obligation to perform the covenants or
:y observe the conditions herein contained until the leased premises have been made ready for occupancy to accordance
with the provisions hereof. It is specifically agreed that in the event fire leaseCi;remises are not completed and ready
for ocfapancy by the ;State on or before Aapdsty 1. 2005, then and, In that event the State may, at, its option and in
addition tfii any, other remedies it may have, terminate this lease and h�, relieved of any, further obligations hereunder,
provttlmg that a fair and reasonable allowance for the following delays shall lie added to said time for completion:
A. Actsofthe State, its agents or employees,, or those claiming,under agreement with or' grant from the State;
'orby `
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 and B is
fully completed, the State will provide the Lessor with 4 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 receipt 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 FOUR THOUSAND EIGHT HUNDRED SEVEN AND N0/100
($4,807.00) 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.
Page -4
It is understood and agreed that the rent reduction specifiedabovedoes 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.
Conformity to 10. Occupancy of the leased premises by the State shall not relieve Lessor in any respect from full compliance at
Exhibits all times with aforesaid Exhibits "A" and "B". It is further understood and agreed that any installation not in
conformity with said Exhibits W and "B" shall be immediately corrected by the Lessor at Lessor's sole cost and
expense. In the event Lessor shall,:. after noticein 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 has 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.,
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 inthe aforementioned Exhibit "IL"
Parkin 12 Lessor atLesSor's sole cost and expense;pshal] - rovide the parking spaces, described hereinabove
as assig rovided to the State of Cnlifbrnia; Said parking spaces wilt be arranged and inaintained, so alto provide
i ` . .'unobstructed access to each puking space at anyEg spae�,,State and its
invitees shall have equal accessto common spaces provided to all tenants on a first-come,'first served basis..
(
Services,' Utilities, 13. Lessor; at Lessor's sole cost and expense, during the,. term of this: lease shall furnish the following services,
and SuppfiEs : 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:
y
.'A. Sewer, ;trash disposal, and water, service, including both hot- and cold, water to the, lavatories except
lavatories in Employment Development Depamgent public toilet rooms in, lobby areas'whi'ch need only
cold water. -
13..Elevator:(ifmy)service.: _..
Cr, 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, Ianitorial'servic'es sufficient to maintain the interior in`a clean well-maintained' condition; that is, to
eliminate all visible dust, dirt, litter, grime, stains, inters, finger marks, et G. "to the greatest practical
degree possible, by performing at least the following:
(1) Emptyand'clearl alltrash 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.
(S) 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:
- ail.
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 prodace 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 drapes.. _
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 sameat its own cost; and, in addition to any other remedy the State may have, may deduct the
amount thereof, including State's ad ninisirative costs, from the Not that may then. be, or thereaft6r become due
hereunder. - -
Repair and 14. A. During the lease term, the Lessor shall maintain the leased premises in -good repair and tenantable
Maintenance 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.
(3) Furnishing preventative maintenance,. including, but not limited to, manufacturer's recommended
servicing of equipment such as elevator (if any), heating, ventilating and air conditioningequipment,
and fixtures. -
(4) Furnishing ongoing maintenance and prompt repair of any 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_ elean and: def!Y
cenditien. -
(7) Annual testing and maintenance of all fire extinguishers in or adjacent to the leased premises.
and data tFringmiggion.
(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, weedfree, and neatly mowed and/or trimmed
condition.
(I ORepairing 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.
Page -6
6. Lessor snan pIovluc p,utnp, ict,cu v, smc v,rvu -------
negligent act of the States agents, employees or invitees.
C. Except in emergency situations, the Lessor shall give not less than 48 hour 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, shallfail,,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 itsown cost and; i4addition 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 initialoccupancy upon receipt of written request from the State, Lessor agrees titLessofs sole..cost and expense to
,repaint all painted surfaces ([X) interior and [ ) exterim)r,of the leased premises in-,aedmilance,with the attached
Exhibits "A" and "B". In no event shall Lessor be required tdtepaint more than once during the first sixty (60) month
j"period of this lease after, the painting completed- prior to the commencement date, and, once during any succeeding
- sixty (60) month period. Lessor shall? whiiin forty-five (45) days fromthe giving of,any such nmice; arrange for and
complete ttte painting. ,Colors are to' ,be approved by the State.: Lessor; at Lessor's, sole"costr shall'arm,
ige) or moving
@ of furniture and equipment prior,and subsequent to th6ieti (ting, and provide drop cloths} and covers as.necessary.
Chanite Orders 16. 4hea With the Lessor's prior approval which shall not be unreasonablX'withheld State shall have the right
and
k Fdck pdr- S w
11.1 SbLL
fore
* wed a+krad n u
Jit leased �� r
Assignment and
Subletting
during the existence of this lease to ;Hake change, orders and `alterations; attach �xtnres;"and erect addd:ons,,"strucriues,
or signs in or upon the leased premises. Such fixtures, additions, structures, or sigus so placed in or upon or attached
to the premises under this lease or any extensiohEreof sh
n all be and; remain. the property of the State mil may be
if6moyed therefrom by the State prior to the termmmon or expiration oi'this lease or any renewal or'extension hereof,
or vvithin a reasonable time thereafter.r OY
. ,4,
In the'eve`m alterations, fixtures, "additions, structures, or signs in or upon-tbe leased premises nee desired by-& t
and Selects not to perform the work, anysuch work, when authorized in �nItir7g l 11
the, State shall'�e performed by
the Lessotin accordance with"plans and specifications provided by State.`:�Assorgree 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 shat) nm exeecd fifteen percent (15°10) 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
either, reimburse Lessor by a single total payment for the cost of such work, or, with Lessor's prior written approval,
State will amortize the cost of the requested work over the remaining term.,of this lease by increasing the monthly rent
by an amount to include principal and interest ort the unpaid balance-. The. interest rate may not exceed the prime rate
(the base rate on corporate loans posted by at least seventy five percent (75°/4) of the nation's 30 largest banks) plus 2
percent (2%) as of the date'df the State's written authorization to proceed.
In the event State terminates this Lease on or after. the end of the firm term, but before the expiration date of the
lease, State agrees to pay to Lessor the portion of the principal balance which is unamortized as of the effective date of
termination. Said payment sball be a single payment to be made within forty-five (45) days after the effective date of
the termination.
17. The State shall not assign or sublet this lease without prior written consent of the Lessor, which shall not be
unreasonably withheld, butshallin my event hw,e the Fight io r„��
M
Page -7
Quiet Possession 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 10 percent (10%) or less of the floor space ofthe leasedpremises 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 cosy thereof fro'ni the rental due or to
become due under. this lease and any other lease between Lessor and State.
It
this
that
of anysuch destruction other*than total, where the State has notterminated the lease as herein
uant to theterms hereof has not elected to make the repairs itself Lessor shall diligently prosecute the
:raises and, in any -event, if said repairs are pot completed within the period oftthitt}I (30) days for
gating ten p"erdent'(10%) or less of the floor space,'or wlthfn the per io'� specified in Lessor''s notice in
partial' destruction aggregatingJ,more than percent; (10%, the tate�shal1 have the, option to
ise or toriiplete the repair's "itg4 • deducting the cost thereof from tli'e rental duel'or to become due
nd any' other lease between Lessprand Slate.,:• - ,e
the State remains in possession of said premises though partially damaged, ther,rental as herein
reduced by the same ratio as "net square feet the State is thus precluded from occupying bears to
ire feet in the leased premises. t"Net square feet" shell, m6m, actua(`inside dimensions and shall not
iridors, stairwells, elevators, and restroorns.
and agreed that the State or its agent has the right
what the condition. At the State's request, the
of access at its
.s destroyed or partially, destroyed leased
,all immediately identify an appropriate
it identify an appropriate access route, it
order to enter its leased space.
Subrogation 21. To: the extent'authori2ed by any fire and 'extended coveiage insurance policy issued to Lessor on the herein
Waived leased premises, Lessor hereby waives the subrogation rights of the insurer, and releases the State from liability for
any loss orda'irage covered by said titsutatide
Prevailing W age 22. For those projects defined as "public works' pi rsuantto Labor Code §1720.2, the following shall apply:
Provision 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, 8`h Floor
San Francisco, California 94102
C. Lessor/contractor shall comply with the payroll record keeping and availability requirement of §1776 of
the Labor Code.
• Page -B..
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 23. During the performance of this lease, the Lessor shall not deny benefits to any person on the basis of religion,
Practices 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 insure 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 Administrative Code, Title 2, Section
7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code
(Government Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding State agency
to implement such article.
DVBE 24. Lessor hereby represents and certifies that it has fully complied with all Disabled Veteran Business Enterprise
Participation- (DVBE) participation goals or has made good faith efforts, as the case may be, as required by Public Contract Code
Requirement §10115 et seq., and further agrees that the State or its designees will have the right to review, obtain, and copy all
records pertaining to the contract. Lessor agrees to provide the State or its designee with any requested relevant
information and shall permit the State or its designee access to its premises, upon reasonable notice, during normal
business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts,
.and other material that may be relevant to a matter under investigation for the purpose of determining compliance with
this requirement. Lessor further agrees to maintain such records for a period of three (3) years after final payment
- -under the contract. -
Upon completion of this lease, Lessor agrees to submit a final report identifying all DVBEs used in providing
services or supplies to this lease. Efforts to include DVBEs in this contract shall continue throughout the lease term
and any extensions or renewals hereof involving purchases of materials and supplies by the Lessor.
Service - 25. Within fifteen (IS) days after occupancy of the leased premises by the State, Lessor shall provide the State
Companies 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.
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.
�a
Page -9
Surrender of 28. Upon termination or expiration of this lease, the State will peacefully surrender to the Lessor the leased
Possession premises in as good order and condition as when received, except for reasonable use and wear thereof and damage by
Time of Essence,
Binding upon
Successors
No Oral
Agreements
Service
Wages a
Benefits
I
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.
29. Time 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, mid assigns to the respective parties
hereto. All of the parties hereto shall be jointly'and"severally liable hereunder.
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.
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
s' benefits that are.: valued at 85% of the State Employer cost of providing comparable wages and
benefits to state employees Iperforming similar duties,.For these purposes, benefits includes health,
dental, and vision benefits"and it also includes retirement benefits, hpliday pays, sick pay and
vacation pay,
b)' Les"sot shall" ensure that eaeh`comractor and subcontractor providing such services is provided a
copy of the applicable regulations for GC19134. -
c) Lessor agrees to certify on a quarterly basis that all contracts executed by Less6i me,m compliance
with GC 19134.
d) Lessor agrees to include 14 the service contract agreements the applicable reporting, audit and
Page -10
-Insurance 32. Lessor understands and agrees to the followin
The State of California has elected to be insured for its motor vehicle and gencral liability exposures through a
self-insurance pry The State Attorney General administers the generai liability program through an annual
appropriation from the General Fund. The Office of Risk and Insurance Management administers the motor vehicle
liability program.
I ander thio f,—..f
ch
14.
y
IN WITNESS WHEREOF, this lease has been
STATE OF CALIFORNIA
Approval Recommended
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
PROFESSIONAL SERVICES BRANCH
By
SCOTT MOORE, Real Estate Officer
Real Estate Leasing and Management Section
Approved
DIRECTOR OF THE DEPARTMENT
OF GENERAL SERVICES
r
By / ' WV"�-�"" By
MICHAEL STUMP, Leasing Manager
Real Estate Leasing and Management Section
Date 3-�l -3/ 06
EXHIBITS:
Exhibit A = Floor Plan; 2 pages
Exhibit B = Specifications; A pages
by the parties hereto as of the date first above written.
LESSOR
CITY OF SANTA ANA, a Muncipal Corporation of the
State of California
ATTEST
By /"� �. .
PATRICIA E. HEALY�TRICIA E. HEALY
Clerk of the Council
Date
APPROVED AS TO FORM
JOSEPH W, FLETCHER, City Attorney
w
By..
LISA E. STORK, Assistant City Attorney
By
FOR APPROVAL
Executive director, Community Development Agency
APPROVED
By---
DAVI N.
City Manager
Page -12