Agmt15 State of CA National Guard Armory Building lease

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STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES , • ' REAL ESTATE SERVICES DIVISION SECTION 3 - STANDARD PROVISIONS basis at the discretion of the STATE, either 26. BANKRUPTCY. In no event shall this Lease or greater of smaller, as the case may be. the leasehold estate become an asset of LESSEE in bankruptcy, receivership or other In the event the STATE is unable to relocate the judicial proceedings. LESSEE shall be in default LESSEE within the facility grounds, the STATE, under this Lease and the provisions of the upon reasonable notice, may require the "Default" Paragraph hereof shall apply in the LESSEE to leave the STATE premises. event of any of the following: (a) LESSEE Reasonable notice is defined herein as to be at becomes insolvent or makes an assignment for least thirty(30) days. the benefit of creditors; (b) a petition in bankruptcy is filed by or against LESSEE; (c) a 20. SMOKING RESTRICTIONS. Per Government writ of execution is levied against this Lease or Code 7597, Smoking shall not be allowed inside the leasehold estate; (d) LESSEE abandons or any building, or within 20 feet of any entrance or vacates or does not continuously occupy or operable window of any building. safeguard the Premises. 21. RECORDING. LESSEE shall not record this 27. AMENDMENTS AND MODIFICATIONS. No Lease or a short form memorandum thereof. amendment, modification, or supplement to this Any such recordation will, at the option of Lease shall be binding on either party unless it is STATE, constitute a non-curable default by in writing and signed by the party to be bound by LESSEE hereunder. the modification. 22. AUTHORITY TO CONTRACT. 28. MUTUAL CONSENT. Notwithstanding anything (a) If LESSEE is a public, private or non-profit herein contained to the contrary, this Lease may corporation, each individual executing this be terminated and the provisions of the Lease Lease on behalf of said LESSEE shall provide may be altered, changed, or amended by mutual evidence, which is acceptable to the STATE, consent of the parties hereto in writing. that he/she is duly authorized to execute and 2g, FORCE MAJEURE. If either LESSEE or STATE deliver this Lease on behalf of said LESSEE in will be delayed or prevented from the accordance with a duly adopted resolution of the performance of any act required hereunder by Board of Directors or in accordance with the reason of acts of Nature, governmental Bylaws of said Board, and that this Lease is restrictions, regulations or controls (except those binding upon said Board of Directors in reasonably foreseeable in connection with the accordance with its terms. uses contemplated by this Lease)or other cause 23. PARTNERSHIP DISCLAIMER. LESSEE its Without fault and beyond the control of the party agents and employees shall act in an obligated (except financial inability), independent capacity and not as officers or performance of such act shall be excused for the employees of STATE. Nothing herein contained period of the delay and the period for the will be construed as constituting the parties performance of any such act shall be extended herein as partners. for a period equivalent to the period of such delay. Nothing in this Paragraph shall excuse 24. MINERAL RIGHTS. LESSEE agrees not to LESSEE from prompt payment of any rent, interfere, in any way, with the interests of any taxes, insurance or any other charge required of person or persons that may presently, or in the LESSEE, except as may be expressly provided in this Lease. future, old hold oil, gas, or other mineral interests upon or under said Premises; nor shall LESSEE, 30. WAIVER. If the STATE waives the performance in any way, interFere with the rights of ingress of any term, covenant or condition contained in and egress of said interest holders. this Lease, such waiver shall not be deemed to 25. CEQA. Any physical changes made to the be a waiver of that or any subsequent term, improvements by Lessee or its agents shall covenant or condition. comply with the California Environmental Quality Failure by STATE to enforce any of the terms, Act(CEQA). covenants or conditions of this Lease for any length of time shall not be deemed to waive or ATTY/AGR/2015.137/STATE OF CALIFORNIA—MILITARY DEPARTMENT REV:07-08-15 MLG Page 15 of 29