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Lease Requirements

Requirements for Leasing Property to the State

You can view all of the State's current advertisements for space needs by clicking the link following this paragraph.  When that site opens, type the number "7760" (without the quotes) in the Department box and type the word "Wanted" (without the quotes) in the Event Name box then click the "Search" button:


 
Standard Lease and Exhibits
Standard Lease
All leases are executed using the State's Standard Lease including Exhibit A, Exhibit B, and Exhibit C.
Lease Exhibit A
Lease Exhibit A is a CAD drawing of the floor plan, along with project notes of work to be completed.

Lessor must provide accurate electronic (CAD) drawings depicting the "as-built" condition of the space considered for lease, including common areas and paths of travel necessary for State tenancy. Lessor will be responsible for any rework, design changes, or change orders caused by inaccuracies in plans or discrepancies between plans and physical premises.

The State may request provision of architectural and design services by Lessor. If agreed, lessor shall secure the services of a licensed architect or Certified Interior Designer who shall prepare, after consultation with the State's space planner, a scope of work statement subject to review and approval by the State. A list of general requirements for the services will be provided subsequent to the request.

Lease Exhibit B

Lease Exhibit B is a document that outlines performance specifications for new construction, alterations, and existing construction.
Note: Unlike most private sector tenants who lease space on a rentable area basis that includes a load factor for common areas, leased space as defined in Exhibit B, Division 1.00 (E) is based on a modified version of the BOMA definition of Usable Area that excludes all code required restrooms, utility rooms, and common areas.

    Lease Exhibit C

    Lease Exhibit C is a list of requirements for compliance with the State Fire Marshal, California Building Code (CBC), Americans with Disabilities Act (ADA), and Sustainable Measure Procedures.

    Accessibility Checklist for State Leased Buildings and Facilities and the Form G
    Accessibility Survey Checklist
    Lessors are required to provide an accessibility survey as described in Exhibit C, Division 3. The Accessibility Survey Checklist must be completed prior to executing a lease. It can be performed by any Cerified Access Specialist (CASp), ICC Accessibility Inspector or Plans Examiner, or a California-licensed architect. 
    Please see the lists below if you need assistance obtaining a qualified consultant:
    Form G

    The Form G verifies the space is 100% ADA compliant. It must signed by the Architect on the project and submitted to DGS prior to occupancy and beginning the rent. Sample Copy of completed Form G (PDF) (Found in our Exhibit C)


    Asbestos, Lead and Seismic
    Asbestos
    Buildings constructed before 1979 must be certified in writing to be free from hazards from Asbestos Containing Material (ACM). The certification must be provided by an industrial hygienist certified by the American Board of Industrial Hygiene (ABIH) or an Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA) Certified Inspector.

    If the building was constructed subsequent to 1979, a photocopy of the Occupancy Certificate issued by the city or county building department is all that is required prior to the execution of the lease.

        Lead

        Buildings constructed before 1980 must be certified as free of hazard from Lead Containing Materials (LCM). Paint chip samples, and samples of other suspect LCM’s shall be collected by a DHS Lead Certified Project Designer for laboratory analysis to determine lead content.

        If the building was constructed subsequent to 1980, a photocopy of the Occupancy Certificate issued by the city or county building department is all that is required prior to the execution of the lease.

          Seismic

          All facilities the State occupies must be evaluated for the ability to meet a seismic performance objective of substantial life safety. The State's Space Planner will complete an initial screening of the property. If required, the State may request a structural evaluation performed by an independent licensed structural engineer and the certification must be completed and signed.


          Sustainable Measures, Sub-Metering & Construction Waste Recycling
          Sustainable Measures
          All state-leased facilities are now subject to review and reporting procedures under Sustainable Measures/Authority sections of Exhibit C, Division 1, and Division 4.

          Sub-Meters
           
          The State requests Lessors to sub-meter the State leased space for both utilities and water, where economically feasible, in order to report energy use data into the US EPA Energy Star Portfolio Manager and water use to a database as designated by the Department of Water Resources. The State also encourages Lessors to participate in utility sponsored energy conservation measures, using alternative financing. 
           
          Construction Waste Management Job Site Recycling
          If a project requires Tenant Improvements or other construction, a plan must be submitted for the recycling of waste materials.

          Disabled Veterans Business Enterprise (DVBE)
          In recognition of the contribution disabled veterans have made to our country, this package provides program information and Lessor guidelines for the Disabled Veterans Business Enterprise (DVBE) Program. Lessors are encouraged to comply with the DVBE program whenever possible.