HomeMy WebLinkAboutState of California Dept of Forestry and Fire Protection 2019-10-01STATE OF CALIFORNIA
STANDARD LAND LEASE FORM
COU No.
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
LEASE COVERING PREMISES LOCATED AT
Ukiah Regional Airport
1475 South State Street
Ukiah, CA 95482
LESSOR'S FED. TAX. I.D., NO. OR SOCIAL SECURITY NO.
94-6000446
TENANT AGENCY
Department of Forestry and Fire Protection (CalFire)
Lease File No.: 3436-001
Project No.: 141000
Preamble THIS LEASE, made and entered into this October 1, 2019 by and between
Description
THE CITY OF UKIAH, A MUNICIPAL CORPORATION
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
1. The Lessor hereby leases unto the State and the State hereby hires from the
Lessor those certain premises with appurtenances situated in the City of Ukiah,
County of Mendocino, State of California, and more particularly described as follows:
Approximately 1.54 acres of improved, fenced land area on the northeastern portion
located at 1475 South State Street, more commonly known as the Ukiah Regional Airport,
hereinafter referred to as the premises as outlined on the attached plan titled, Exhibit "A"
and including eleven (11) nonexclusive unobstructed parking spaces contiguous to the
subject premises, and unlimited use of the airport's common facilities including landing
area. The State shall have access to and use of the leased premises twenty-four (24)
hours per day, seven (7) days per week with no exceptions. The leased premises is made
up of both airside and landside space.
Term 2. The term of this lease shall commence on September 1, 2019, and shall end on
August 31, 2025, with such rights of termination as may be hereinafter expressly set forth.
Early 3. The State may terminate this lease at any time effective on or after August 31,
Termination 2021, by giving written notice to the Lessor at least ninety (90) 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
Page - 1 "RESD Standard Land Lease — (Rev -10/19)
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:
ONE THOUSAND ONE HUNDRED FIFTY EIGHT AND 69/100 DOLLARS
($1,158.69) from September 1, 2019 through August 31, 2021; then
ONE THOUSAND SIX HUNDRED EIGHTY EIGHT AND 38/100 DOLLARS
($1,688.38) from September 1, 2021 through August 31, 2023; then
TWO THOUSAND THREE HUNDRED FIFTY AND 49/100 DOLLARS
($2,350.49) from September 1, 2023 through August 31, 2025; and thereafter.
Rental payable 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.
Landing Fees
for State Landing fees for aircraft landing at the airport shall be as follows for the duration of
Aircraft the lease:
Plane Type Landing Fee
OV 10 $15.00
S2T $35.00
King A $15.00
Payment for landing fees will be remitted annually at the end of each fiscal year upon
receipt of an invoice.
Self -Fueling and Fuel Flowage Fees
This lease in no way permits the operations of self -fueling. State must obtain a self -
fueling permit as per City Ordinance #1123. Fuel Flowage Fees are as set per Council
resolution.
Page - 2 "RESD Standard Land Lease — (Rev -10/19)
Notices
Completion
and
Compliance
with Plans and
Specifications
Notice of
Completion
and Access to
Premises
during
Construction
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: City of Ukiah
Attn: City Manager
300 Seminary Avenue
Ukiah, CA 95482
Phone No.: (707) 467-2855
FAX No.: (707) 467-2853
Email: ssangiacomo(a�CityofUkiah.com
To the State:
DEPARTMENT OF GENERAL SERVICES, Phone No. (916) 375-4172
REAL ESTATE SERVICES DIVISION FAX No. (916) 375-4173
LEASE MANAGEMENT- A 3436-001
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: City of Ukiah
and mailed to: City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
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 October 1, 2018, and at Lessor's sole cost and
expense, all required construction, improvements and/or alterations, if any, shall be
completed and the leased premises made ready for State's occupancy in full compliance
with Exhibit "A", consisting of one (1) sheet titled, "Site Plan, Project No. 141000" dated
April 11, 2017, and Exhibit "B" consisting of one (1) sheet titled "California Disabled
Veteran Business Enterprise "DVBE" Program Certification Sheet."
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 days (60) prior to completion
of construction and occupancy under this lease, State or its contractors or other
representatives shall have the right to have access to the premises for the purpose of
installing certain equipment.
Page - 3 "RESD Standard Land Lease — (Rev -10/19)
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 access 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.
In no event shall the exercise of this right of access 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.
Time limit and 8. No rental shall accrue under this lease, nor shall the State have any obligation to
Prior Tenancy 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 October 1, 2019, 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", and "B", 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
receipt of said Punch List. If said Punch List is not completed within the specified 14 -day
Page - 4 "RESD Standard Land Lease — (Rev -10/19)
Conformity to
Exhibits
Asbestos
Services,
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
$811.08 which is seventy percent (70%) of the base rent paid monthly 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.
9. 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". It is further understood
and agreed that any installation not in conformity with said Exhibits "A" shall be
immediately corrected by the Lessor at Lessor's sole cost and expense. In the event
Lessor shall, after 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.
10. Lessor hereby warrants and guarantees that the premises 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 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.
Electricity and/or gas, as necessary, as needed for State's operations.
Repair and
Maintenance
12. During the lease term, Lessor State shall maintain the leased premises together
with appurtenances, rights, privileges, and easements belonging or appertaining
thereto, in good repair and tenantable condition.
the negligence of State's agents, invitees or employees. State shall make no changes
and/or alterations to the leased premises without the prior written consent of the Lessor,
with the exception of routine repairs to the premises. It is understood maintenance and
repair of the entire lease premises is the State's responsibility.
Page - 5 RESD Standard Land Lease — (Rev -10/19)
Change
Orders and
Alterations
Assignment
and
Subletting
Quiet
Possession
Inspection
Destruction
13. 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 upon the
leased premises. Such fixtures, additions, structures, or signs so placed 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 upon the leased
cost of such work.
14. 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.
15. 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.
16. 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.
17. 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 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 the leased
premises 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
Page - 6 "RESD Standard Land Lease — (Rev -10/19)
destruction aggregating ten percent (10%) or less of the leased premises, 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 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.
It is understood and agreed that the State or its agent has the right to enter its
destroyed or partially destroyed leased premises no matter what the condition. At the
State's request, the Lessor shall immediately identify an appropriate route through the
property to access the State leased premises. 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 premises.
Subrogation 18. To the extent authorized by any fire and extended coverage insurance policy
Waived 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
19. 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
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 20. During the performance of this lease, the Lessor shall not deny benefits to any
Employment person on the basis of religion, color, ethnic group identification, sex, age, physical or
Practices mental disability, nor shall they discriminate unlawfully against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, physical
Page - 7 "RESD Standard Land Lease — (Rev -10/19)
DVBE
Participation
Service
Companies
Holding Over
Surrender of
Possession
Time of
Essence,
Binding upon
Successors
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.
21. 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 attached Exhibit "B" titled "DVBE
Program Certification Sheet" 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
22. Lessor State shall maintain the leased premises. - -- - -
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
23. 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.
24. 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.
25. 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, and assigns to the respective parties hereto. All of the parties
hereto shall be jointly and severally liable hereunder.
Page - 8 "RESD Standard Land Lease — (Rev -10/19)
No Oral
Agreements
Construction -
Related
Accessibility
Standard
Compliancy
Act
26. 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.
27. Pursuant to California Civil Code §1938, the Lessor states that the leased
premises:
❑D 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 California 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.
Indemnification
28. The State agrees to indemnify and hold harmless the Lessor to the extent
authorized by Government Code Section 14662.5 and agrees to repair or pay for any
damage proximately caused by reason of the State's use of said premises during the term
of this lease, except to the extent that any such damages or expenses suffered by Lessor
are the result of Lessor's sole negligent or wrongful acts or the acts of any persons acting
under or on behalf of the Lessor and/or where the State is found to have no liability by
reason of any immunity arising by statute or common law in connection with the fulfillment
of the State's constitutional and statutory public responsibilities.
Lessor agrees to indemnify and hold harmless the State in the event of any claim,
demand, cause of action, judgments, obligations, or liabilities, and all reasonable
expenses which State may suffer as direct and proximate result of the negligence or other
wrongful act or violation of law by the Lessor, its employees, or any person or persons
acting under the direct control and authority of the Lessor or its employees, in connection
with the State's occupancy of said premises under and during the term of this lease except
to the extent that any such damages or expenses suffered by State are the result
of State's sole negligence.
Page - 9 "RESD Standard Land Lease — (Rev -10/19)
Insurance 29. In accordance with Government Code section 11007.4, the State of California
has elected to be self-insured for liability exposures. Under this form of insurance, the
State and its employees acting in the course and scope of their employment are insured
for tort liability arising out of official State business. All claims against the State of
California based on tort liability should be presented as a government claim to the Victim
Compensation and Government Claims Board, P.O. Box 3035, Sacramento, CA 95812-
3035. (Gov. Code Section 900, et seq.) Internet link www.vcgcb.ca.gov.
The State of California has also elected to be insured for its motor vehicle liability
exposures through the State Motor Vehicle Liability Self -Insurance Program (VELSIP).
This program provides liability coverage arising out of the operations of motor vehicles
used by State employees for official business (California Vehicle Code Sections 17000
and 17001). Motor vehicle liability claims against the State of California should be
presented to the Office of Risk and Insurance Management, PO Box 989052 MS -403,
West Sacramento, CA 95798-9052, (800) 900-3634, claims@dgs.ca.gov. If your motor
vehicles liability claim is not resolved within six months from the date of loss, California
law requires you to file a formal claim with the Victim Compensation and Government
Claims Board (Gov. Code section 900, et. seq.)
The State of California has a Master Agreement with the State Compensation
Insurance Fund regarding workers' compensation benefits for all state employees, as
required by Labor Code.
Subordination 30. Lessor shall have the right to subordinate this lease to any ground lease, deed
of trust, or mortgage encumbering the Property, any advances made on the security
thereof and any renewals, modifications, consolidations, replacements, or extensions
thereof, whenever made or recorded. However, State's right to quiet possession of the
Property during the lease term shall not be disturbed if State pays the rent and performs
all of State's obligations under this lease and is not otherwise in default. If any ground
lessor, beneficiary, or mortgagee elects to have this lease prior to the lien of its ground
lease, deed of trust, or mortgage and gives written notice thereof to State, this lease shall
be deemed prior to such ground lease, deed of trust, or mortgage whether this lease is
dated prior or subsequent to the date of said ground lease, deed of trust, mortgage, or
the date of recording thereof.
CPI Escalator 31. Beginning on July 1, 2024, and each July 1st thereafter during the term of this
Operating lease, the State will automatically increase or decrease the monthly rent payable under
Expense this lease. The amount of the monthly rental adjustment shall be determined by
multiplying $2,350.49 by the percentage which the Consumer's Price Index** for the
preceding April increased over or decreased under the same Index for the month of April
2023, which shall be the base period. Notwithstanding any other provisions contained
herein, no CPI adjustments will accrue or be paid during any agreed periods of free rent.
In the event the above-mentioned Index is discontinued prior to the expiration of this
lease, the State shall immediately request the Bureau of Labor Statistics of the U.S.
Department of Labor to supply a formula for the conversion of the above-mentioned Index
to a similar Index then available; and, said formula shall thenceforth be the basis for
computation.
**U.S. Bureau of Labor Statistics, U. S. City Average, All Items Series A (1982-
1984=100), "Urban Wage Earners and Clerical Workers."
Hazardous 32. State agrees that it will comply with all laws, either federal, State, or local, existing
Substance during the term of this lease pertaining to the use, storage, transportation, and disposal
of any hazardous substance as that term is defined in such applicable law. In the event
Lessor or any of its affiliates, successors, principals, employees, or agents should incur
Page - 10 "RESD Standard Land Lease — (Rev -10/19)
any liability, cost, or expense, including attorney's fees and costs, as a result of the State's
illegal or alleged illegal use, storage, transportation, or disposal of any hazardous
substance, including any petroleum derivative, the State shall indemnify, defend, and hold
harmless any of these individuals against such liability. Where the State is found to be in
breach of this provision due to the issuance or a government order directing the State to
cease and desist any illegal action in connection with a hazardous substance, or to
remediate a contaminated condition caused by the State or any person acting under
State's direct control and authority, State shall be responsible for all costs and expenses
of complying with such order, including any and all expenses imposed on or incurred by
Lessor in connection with or in response to such government order. In the event a
government order is issued naming the State or the State incurs any liability during or
after the term of the lease in connection with contamination which pre-existed the State's
obligations and occupancy under this lease or which were not caused by the State, Lessor
shall hold harmless, indemnify, and defend the State in connection therewith and shall be
solely responsible as between State and Lessor for all efforts and expenses thereto.
Superseding 33. Effective upon acceptance and occupancy of this space hired herein, this lease
An Existing supersedes and cancels that certain lease for premises located at 1475 South State
Lease Street in the city of Ukiah, dated April 1, 1975, as amended April 22, 1986, August 21,
1991, February 13, 2001, February 27, 2001, January 3, 2006, February 23, 2011, March
9, 2012, June 27, 2013 and March 20, 2015 and currently held -over, by and between City
of Ukiah as Lessor, and the State of California by and through its Director of the
Department of General Services.
Remainder of Page Intentionally Left Blank
Page - 11 "RESD Standard Land Lease — (Rev -10/19)
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
BY /�
PATRICI$GNIORRISON, Real Estate Officer
Real Estate Leasing and Planning Section
Date 0/01rZ.0
Approved
DIRECTOR OF THE DEPARTMENT
OF GEN r.a L SERVICES
y:
CHRIS BOO
Real Esta
Date
, Leasing Manager
Leasing and Planning Section
(V
LESSOR
CITY OF UKIAH
By:
SAS' SA IA
City of Ukiah
Date a " a 1 ' a
0, City Manager
Page - 12 "RESD Standard Land Lease — (Rev -10/19)
EXHIBIT A
Site Plan, Project No. 141000
April 11, 2017
Ukiah Regional Airport
1475 South State Street, Ukiah, CA
Approximately 1.53 acres
EXHIBIT B
DISABLED VETERAN BUSINESS ENTERPRISE "DVBE"
PROGRAM CERTIFICATION SHEET
DVBE PROGRAM CERTIFICATION SHEET
CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM
CERTIFICATION SHEET
Lessor must complete and sign to certify if DVBE Participation was or
was not obtained
LEASE AMOUNT/DVBE CERTIFICATION Lease Project No.: 141000
I hereby certify that the Lease Contract Amount, as defined below, is in the amount of
$ 11 1 S q - 6 y of which $ was awarded to a
certified DVBE firm resulting in
0 % DVBE
participation. I understand that the Lease Contract Amount is the total dollar
figure against which the DVBE participation will be evaluated.
Lessor Name
Les o s Sigrfat re
Date
Printed Name
DEFINITION: Lease contract amount is the total amount of lease costs expended by
the Lessor over the firm term of the lease which are attributable to expenditures by
the lessor to make the leased property sufficient for state occupancy. This typically
includes, but is not necessarily limited to, tenant improvements, extraordinary
maintenance, and janitorial services specified in the lease. In the case of a build -to -
suit facility, the total of the construction and off- site development costs, as well as
architectural and engineering costs, would be included.
DG
SCALIFORNIA DEPARTMENT OF
March 4, 2020
GENERAL SERVICES
City Of Ukiah
Attn: City Manager
300 Seminary Avenue,
Ukiah, CA 95482
Dear Lessor:
OF ,
RECEIVED -9y
MAR 0 6 2020
CITY MGR.
__CLERK DEPT.
4y Cf?r l\ O?"
Governor Gavin Newsom
File No.: 3436-001
Project No.: 141000
Enclosed is your fully executed Lease for the premises located at 1475 S State Street, Ukiah,
California, for the Department of Forestry and Fire Protection.
Thank you for your assistance and cooperation in consummating this Lease. If in the future
some questions or problems should arise, please let us know if we can be of service.
Sincerely,
KIMBE LY GO IN
Real state O • icer
916.3 6.521
Enclosure
cc: Steven Christensen, Department of Forestry and Fire Protection
1300 U Street, Sacramento, CA 95818
State of California I Government Operations Agency
Real Estate Services Division I Asset Management Branch I Real Estate Leasing and Planning Section
707 3rd Street, 5th Floor I West Sacramento, CA 95605 It 916.375.4099
DES
GENERAL SERVICES
MEMORANDUM
Date:
To:
From:
March 3, 2020
Lease File No.: 3436-001
Project No.: 141000
SCO Claim Audits, Lease Unit IMS: B-8 Agency: CDF
Office of the State Controller
3301 C Street
Sacramento, CA 95816
Department of General Services — Real Estate Services Division
Asset Management Branch
707 Third Street, 5th Floor West Sacramento, CA 95605
Subject: OCCUPANCY NOTICE/RENT SCHEDULE
The Department of Forestry and Fire Protection established effective occupancy on
September 1, 2019 for renewed leased facilities in accordance with a lease dated
October 1, 2019, for 1.54 acres of net usable square feet located at 1475 South State Street,
in the City of Ukiah, California. The beginning monthly rental payments shall be scheduled
and paid as follows:
Effective Date of Occupancy.... September 1, 2019
Free Rent (if applicable) N/A
Rent is Payable Effective September 1, 2019
Pro Rata Rent for $ N/A
Monthly Rent $ 1,158.69
Lessor's Name City of Ukiah
Rental Warrants Payable to City Of Ukiah
KIMB "LY G
Real ' state
916. c 76.5213
WIN
fficer
KG:pm
cc: Steve Christensen, Department of Forestry and Fire Protection
1300 U Street, Sacramento, CA 95818
City Of Ukiah, Attn: City Manager
300 Seminary Avenue, Ukiah, Ca 95482
Statewide Property Inventory
Doug McCarley, Asset Management Branch (Email)
Cathy Buck, Lease Management (Email)
Excellence in the Business of Government
(Rev -12/19)