Legal Requirements and Disclaimers

PROPERTY OWNERSHIP AND LEASES

For all ground leases, the State will retain fee simple ownership of all properties leased for redevelopment and will not subordinate its fee interest. Developers who meet all requirements will enter into a long-term ground lease, with renewal options contingent on compliance. Only the developer’s leasehold interest may be used as collateral for financing. All references to excess property must clearly define the leasehold interest and include a legal description.

APPLICABLE GOVERNMENT CODES

DGS leases state property on behalf of state departments under various statutes, including but not limited to, Government Code Sections 11011.2, 11011.4, and 14670. All ground leases must comply with the applicable statutes.

SUBLEASES AND ASSIGNMENTS

Subleasing and assignments may be allowed, subject to State approval. The State will structure site control agreements accordingly.

DISCLOSURES

DGS reserves the right to: a) postpone the selection process for any reason, b) withdraw a site, in whole or in part, at any time, c) reject any or all proposals without explanation, d) contract with any, all, or none of the responding development teams, and e) retain all submitted materials, which will not be returned.

RETENTION OF RIGHTS

DGS retains sole discretion to evaluate proposals based on the published criteria. It may accept or reject any proposal, address missing or incomplete documentation from proposers, and amend submission or evaluation criteria at any time and without notice. Respondents are hereby made aware that offering a property on the website does not constitute a contract or commitment by DGS to award a lease or sell any property. The State will not pay real estate brokerage fees.

PRIVACY OF RECORDS DISCLAIMER

Under the California Public Records Act (Government Code Section 6251 et seq.), the public has the right to access records unless exempt by law. The State assumes that documents prepared, used, or retained by a state agency are public records.   All submissions are subject to disclosure to anyone making a public records request under the Public Records Act.

EXECUTIVE ORDER COMPLIANCE

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding economic sanctions against Russia and related entities. By submitting a proposal, developers affirm they are not subject to these sanctions. If the State determines a developer is in violation- either before or after contract execution - it may reject the proposal or terminate the contract.