RIVERSIDE COMMUNITY COLLEGE DISTRICT LEASE

of 7 RIVERSIDE COMMUNITY COLLEGE DISTRICT LEASE Western Municipal Water District with Riverside Community College District 450 E. Alessandro Boulevard, Riverside, California WESTERN MUNICIPAL WATER DISTRICT, herein called Lessor, leases to RIVERSIDE COMMUNITY COLLEGE DISTRICT, herein called Lessee, the property described below upon the following terms and conditions: 1. Recitals. (d) (e) (f) (g) Lessor owns property commonly known as 450 E. Alessandro Boulevard, Riverside California ( Premises ). The Premises were used by Lessor for its administrative headquarters. Lessor has vacated the use of the Premises, as Lessor has acquired a new facility to house its administrative headquarters The Premises includes a single building of approximately 16,826 square feet ( Building ). The Premises also includes a parking lot, water wise demonstration garden ( Garden ) and a modular office facility. Lessor intends to retain the office facility and grounds, but will relocate the modular office facility. Lessee is constructing a new district facility at its downtown Riverside location; thereby necessitating the relocation of office uses during the construction time period ( swing space ). Offices of the Lessee currently housed at the downtown location includes: Diversity & Human Resources, Administrative Support Center, and Facilities Planning and Design; and the site is collectively referred to as the Riverside Community College District Systems Office. 2. Description. The Premises hereby consist of the site, inclusive of all parking areas, the Garden and the Building at 450 E. Alessandro Boulevard, Riverside, California. 3. Use. The Premises are leased to Lessee solely for the purpose of providing office space with non-proprietary rights. Lessee shall have the use of the Premises, including the walkways, rest rooms, driveways, vehicular parking spaces, and other similar facilities, excluding the 01376.00001\5836617.2 1

of 7 Garden, parking spaces directly adjacent to the Garden, and additional space within the Building not used by Lessee as referenced in Paragraph 19. The Premises shall not be used for any purpose other than public agency office purposes without first obtaining the written consent of Lessor, which consent shall be in the absolute discretion of Lessor. 4. Term. The Term of this Lease shall be for a period of thirty-three (33) months commencing as of April 1, 2011 and terminating December 31, 2013. Any holding over by Lessee after the expiration of said term shall be deemed a month-to-month tenancy. 5. Rent. Lessee shall pay the sum of Ten Thousand Dollars ($10,000.00) per month to Lessor as rent for use of the Premises, payable, in advance, on the first day of the month. In the event of any holding over, rent will be adjusted to Twelve Thousand Dollars ($12,000.00) per month. Rent during any new Lease Term (which shall be for a period of not less than one (1) year) will be adjusted by an amount equal to five percent (5%) in excess of the monthly rent payable during the immediately preceding year of the Lease Term. In the event of early termination by Lessee, Lessee will pay an amount to Lessor equal to the lesser of fifty percent (50%) of the total rent due and payable for the balance of the term of the Lease; or all rent payable from the date of early termination until Lessor finds a replacement tenant. 6. Custodial Services. Lessee shall be responsible for all custodial services within the Premises including but not limited to carpet and tile floors, and bathrooms. 7. Building Systems Maintenance and Services. Lessor shall maintain all building services such as plumbing, electrical and HVAC; provided, however, that Lessee shall be responsible if any required maintenance or repair of such systems is a result of misuse by Lessee. 8. Building Maintenance/Repairs. Except as otherwise set forth herein, Lessor shall maintain the exterior (including the roof and exterior surfaces) of the Building in good working order and repair and shall maintain interior surfaces (except as set forth in Section 6 above) unless such maintenance is required as a result of misuse by Lessee. 9. Site Maintenance and Services. Lessor shall maintain all site landscaping, including the Garden, parking and property facilities. 10. Utilities. Lessee shall provide and pay for telephone, communication and data services, as well as electrical services, natural gas and refuse collection. Lessor shall provide and pay for water and sewer service. 01376.00001\5836617.2 2

of 7 11. Security/Access. Lessee shall be responsible for any site security and access to the Building. Any facility re-keyed by Lessee shall provide Lessor a master key for the purpose of serving the Premises. 12. Water wise Garden. Access and use of the water wise landscape demonstration Garden shall be maintained and available for Lessor and public use, and shall not interfere with use of the Premises by Lessee. Lessor may, from time to time, sponsor or host public events at the Garden. Lessor shall provide to Lessee not less than ten (10) days prior written notice of such events and Lessor and Lessee agree to reasonably cooperate with each other regarding timing, parking and similar matters. 13. Furniture, Furnishings and Equipment. Lessee shall identify to Lessor any equipment, furniture and furnishings to be retained in the Premises. All other equipment, furniture and furnishings shall be removed, or otherwise relocated by Lessor, prior to Lessee taking possession of the facility. 14. Signs. Lessee shall not erect, maintain or display any signs or other forms of advertising upon the Premises without first obtaining the written approval of Lessor, which approval shall not be unreasonably withheld. 15. Improvements by Lessee. Any alterations, improvements or installation of fixtures to be undertaken by Lessee shall have the prior written consent of Lessor. Such consent shall not be unreasonably withheld by Lessor. 16. Rights of Lessor. Lessor, through its authorized representatives, shall have the right to enter the Premises for the purpose of inspecting, monitoring and evaluating the obligations of Lessee hereunder and for the purpose of doing any and all things which it is obligated and has a right to under this Lease. Ninety (90) days prior to the expiration of the term, Lessor shall have the right to enter the Building and show the Premises to prospective tenants or purchasers; provided, however, that such right of entry will occur during normal business hours and upon prior notice to and coordination with Lessee. 17. Insurance. Lessee shall during the term of this Lease: Procure and maintain Workers Compensation Insurance as prescribed by the laws of the State of California. Procure and maintain comprehensive general liability, and coverage that shall protect Lessee from claims for damages for personal injury, including, but not limited to, accidental and wrongful death, as well as from claims for property damage, which may arise from Lessee s use of the Premises or the performance of its obligations hereunder, whether such use or performance be by Lessee, by any subcontractor, or by anyone employed directly or indirectly by either of them. Such insurance shall name Lessor as an Additional Insured with respect to this Lease and the obligations of Lessee hereunder. Such insurance shall provide for limits of not less than $1,000,000.00 per occurrence. 01376.00001\5836617.2 3

of 7 (d) Cause its insurance carriers to furnish Lessor by direct mail with certificate(s) of Insurance showing that such insurance is in full force and effect, and that Lessor is named as an Additional Insured with respect to this Lease and the obligations of Lessee hereunder. Further, said Certificate(s) shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to Lessor prior to modification, cancellation or reduction in coverage of such insurance. In the event of any such modifications, cancellation or reduction in coverage and on the effective date thereof, Lessor shall have the right to cancel this Lease with thirty (30) days advanced notice in writing to Lessee, unless Lessor receives prior to such effective date another certificate from an insurance carrier of Lessee s choice that the insurance required herein is in full force and effect. The insurance requirements of Paragraphs and above may be provided through self-insurance, in conjunction with a Joint Powers Authority, or a combination of both. 18. Hold Harmless. Indemnification by Lessee. Lessee shall indemnify and hold Lessor, its officers, agents, employees, and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of Lessee, its Trustees, officers and agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extend that such liability is imposed on Lessor by the provisions of California Government Code Section 895.2 or other applicable law; and Lessee shall defend at its expense, including attorney fees, Lessor its officers agents, employees, and independent contractor in any legal action of any kind based upon such alleged acts or omissions. Indemnification by Lessor. Lessor shall indemnify and hold Lessee, its Trustees, officers, agents, employees, and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of Lessor, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extend that such liability is imposed on Lessee by the provisions of California Government Code Section 895.2 or other applicable law; Lessor shall defend at its expense, including attorney fees, Lessee, its officers, agents, employees, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. The specified insurance limits required in Paragraph 17 above shall in no way limit or circumscribe Lessee s obligations to indemnify and hold Lessor free and harmless herein. 01376.00001\5836617.2 4

of 7 19. Assignment. Lessee cannot assign, sublet, mortgage, hypothecate or otherwise transfer in any manner any of its rights, duties or obligations hereunder to any person or entity without the written consent of Lessor being first obtained, which consent shall be in the absolute discretion of Lessor. In the event of any such transfer, Lessee expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this Lease. Lessor and Lessee acknowledge that approximately 1,976 square feet within the Building will not be used by Lessee and may therefore be available for lease by Lessor to another tenant; provided, however, that Lessee shall have a right of first refusal with respect to such additional space; provided further that if Lessor leases such additional space to another tenant, such tenant must be a public entity whose use of the Building and the Premises will be reasonably compatible with Lessee s operations. 20. Toxic Materials. During the term of this Lease and any extensions thereof, Lessee shall not violate any federal, state or local law, ordinance or regulation, relating to industrial hygiene or to the environmental condition on, under or about the Premises, including, but not limited to, soil and groundwater conditions. Further, Lessee, its successors, assigns and Lessees, shall not use, generate, manufacture, produce, store or dispose of on, under or about the Premises or transport to or from the Premises any petroleum products, flammable explosives, asbestos, radioactive materials, hazardous wastes, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials, (collectively, hazardous materials ). For the purpose of this Lease, hazardous materials shall include, but not be limited to, substances defined as hazardous substances, hazardous materials, or toxic substances in the comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; The Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; and those substances defined as hazardous wastes in Sections 25115 and 25117 of the California Health and Safety Code or as hazardous substances in Sections 25316 and 25501 of the California Health and Safety Code; and in the regulations adopted in publications promulgated pursuant to said laws. 21. Free from Liens. Lessee shall pay, when due, all sums of money that may become due for any labor, services, material, supplies, or equipment, alleged to have been furnished or to be furnished to Lessee, in, upon, or about the Premises, and which may be secured by a mechanics, materialman s or other lien against the Premises or Lessor s interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by such lien matures or becomes due; provided, however, that if Lessee desires to contest any such lien, it may do so, but notwithstanding any such contest, if such lien shall be reduced to final judgment, and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed, and said stay thereafter expires, then and in such event, Lessee shall forthwith pay and discharge said judgment. 01376.00001\5836617.2 5

of 7 22. Employees and Agents of Lessee. It is understood and agreed that all persons hired or engaged by Lessee shall be considered to be employees or agents of Lessee and not of Lessor. 23. Binding on Successors. Lessee, its permitted assigns and successors in interest, shall be bound by all the terms and conditions contained in this Lease, and all of the parties thereto shall be jointly and severally liable hereunder. 24. Waiver of Performance. No waiver by Lessor at any time of any of the terms and conditions of this Lease shall be deemed or construed as a waiver at any time thereafter of the same or of any other terms and conditions contained herein or of the strict and timely performance of such terms and conditions. 25. Severability. The invalidity of any provision in this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 26. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Lease shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 27. Attorneys Fees. In the event of any litigation or arbitration between Lessee and Lessor to enforce any of the provisions of this Lease or any right of either party hereto, the unsuccessful party to such litigation or arbitration agrees to pay to the successful party all costs and expenses, including reasonable attorneys fees, incurred therein by the successful party, all of which shall be included in and as a part of the judgment or award rendered in such litigations or arbitration. 28. Notices. Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: Lessor/Rent: Lessee: Western Municipal Water District Riverside Community College District ATTN: Nora Verceles ATTN: General Counsel 14205 Meridian Parkway 4800 Magnolia Avenue Riverside, California 92581 Riverside, California 92506 or to such other addresses as from time to time shall be designated by the respective parties. 29. Permits, Licenses and Taxes. Lessee shall secure at its expense, all necessary permits and licenses as it may be required to obtain, and Lessee shall pay for all fees and taxes levied or required by any authorized public entity. In the event this Lease creates a possessory interest subject to property taxation, Lessee shall be solely responsible for payment of property taxes levied on such interest. 01376.00001\5836617.2 6

of 7 30. Paragraph Headings. The paragraph headings herein are for the convenience of the parties only, and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions or language of this Lease. 31. Lessor s Representative. Lessor hereby appoints the General Manager as its authorized representative to administer this Lease. 32. [Intentionally Deleted]. 33. Entire Lease. This Lease is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous leases, agreements, and understandings, oral or written, in connection therewith. This Lease may be changed or modified only upon the written consent of the parties hereto. 34. Interpretation. The parties hereto have negotiated this Lease at arms length and with advice of their respective attorneys, and no provision contained herein shall be construed against Lessor solely because it prepared this Lease in its executed form. 35. Approval. This Lease shall not be binding or consummated until its approval by the Lessor s Board of Directors. Dated: RIVERSIDE COMMUNITY COLLEGE DISTRICT (Lessee) By: Dr. James Buysse, Vice Chancellor, Administration and Finance Dated: WESTERN MUNICIPAL WATER DISTRICT (Lessor) By: John Rossi, General Manager 01376.00001\5836617.2 7