Cafe Operator - RFP Information

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Request for Proposal - Café Operator University of California, Berkeley-Haas School of Business INTRODUCTION

The Haas School of Business at the University of California Berkeley is seeking proposals for a Café Operator for its new North Academic Building at 2220 Piedmont Ave, Berkeley. The scheduled building completion date is early January 2017 in anticipation of spring 2017 classes. We expect to select a vendor by May 31st, 2016.

The new six-story, student-focused building is located on the central courtyard of the Berkeley-Haas campus. It was designed by Perkins+Will, known for its innovative and award-winning designs. The 80,000-square-foot structure was funded with private donations from alumni and friends of the school. Please see Attachment A for a basic floor plan.

For more detailed café drawings, please go to:

http://realestate.berkeley.edu/sites/default/files/binder_ucb_haas_foodservice_drawings.pdf

BUILDING FEATURES

• An indoor/outdoor café that opens onto the courtyard • A 300-seat event space on the 6th floor with sweeping views of the campus and San

Francisco Bay • Lounge areas with configurable seating • 8 lecture classrooms; 4 flat, flexible-use classrooms; 28 team-based study rooms • LEED Certified: Designed to save resources, money, and have a positive impact on the

health of occupants, while protecting the environment as it promotes renewable, clean energy, including solar

• WELL Certified: Anticipated to be the first higher-education building in the country meeting superior quality standards in air, water, fitness, food, and aesthetics

For more information, please go to: http://haas.berkeley.edu/NewBuilding/

ABOUT HAAS

As the second-oldest business school in the United States, the Haas School of Business, University of California, Berkeley is one of the world's leading producers of new ideas and



http://haas.berkeley.edu/NewBuilding/

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knowledge in all areas of business—which includes the distinction of having two of its faculty members receive the Nobel Prize in Economics.

The school offers outstanding management education to undergraduate and graduate students who come from around the world to study in one of its six degree-granting programs. The school is also home to UC Berkeley’s Center for Executive Education (CEE), which provides custom and open-enrollment courses to executive level clients from leading Bay Area, national and global companies. The business school has more than 37,000 alumni.

The Berkeley-Haas mission is "to develop leaders who redefine how we do business." The school's distinctive culture is defined by four defining principles:

• Question the Status Quo • Confidence Without Attitude • Students Always • Beyond Yourself

CAMPUS POPULATION

The Haas School of Business is comprised of four buildings around a central courtyard. The school serves more than 4,000 undergraduates, approximately 1,500 graduate students, 300 staff, 200 faculty, as well as students from across the campus. The campus also welcomes 3,000 CEE clients annually and frequently hosts business leaders and guest lecturers.

The location attracts significant foot traffic throughout the day and into the early evenings, six to seven days per week, depending on the academic calendar and other activities at Berkeley-Haas and nearby. Numerous schools, departments, major event venues and tourist locations are within a five-minute walk of Berkeley-Haas, including Berkeley Law, the College of Engineering, the School of Information, the School of Optometry, the Simons Institute, Barrows Hall, Wurster Hall, the Campanile, International House, California Memorial Stadium and the Greek Theatre. UC Berkeley’s newest public parking lot, Maxwell Garage, is directly across the street and accommodates vehicles on an hourly, daily and monthly basis.

THE CAFÉ AND THE VISION We expect the café to become the new social hub for the Berkeley-Haas community, and for the wider community at the north end of campus. The ideal café operator will deliver culinary imagination and innovation, offering a delicious, high quality and rotating menu, prepared with sustainably-sourced and seasonal ingredients whenever possible. The café should support the mission of Berkeley‐Haas, including a focus on excellence and innovation, and contribute to the ambiance, distinctiveness, and reputation of a Top 10 business school. The café space consists of:

• A 190-square-foot kitchen

http://haas.berkeley.edu/strategicplan

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• A 240-square-foot prep area • A 60-square-foot staff office • A 185-square-foot serving area • A 150-square-foot walk-in cooler and 250-square foot dry storage area located at the

basement level • A 2200-square-foot dining area with indoor seating for approximately 80 • A 714-square-foot patio with outdoor terrace for approximately 20 • Direct access to the Courtyard

CATERING

The North Academic Building has a 6th floor event space with a full catering kitchen. One of our goals is to partner with the café vendor to provide catering to a large portion of the Haas school-wide events. This initiative will allow the café owner to capture additional revenues and allow Haas to achieve operational efficiencies. While we hope to direct the majority of the current catering business to the café owner, a percentage of catering will remain open to off-site caterers.

Examples of catering events include: 120 box lunches for a Dean’s Speaker Series Lecture, Breakfast, lunch, snack and dinner for 70 Executive students, continental breakfast for a 10 person Donor meeting. Catering services include: hot and cold breakfast, hot and cold lunches, hors d’oeuvres, coffee, tea, and pastry service.

REVENUE: Café: Last fiscal year, the revenue for the existing cafe was approximately $1 million. This does not include anticipated revenues from the beer & wine program available to the new café operator. Catering: Last fiscal year we spent approximately $3 million with our top four catering vendors. Haas is committed to working closely with the new café owner to convert a significant percentage of the current catering service to a food and beverage offering that can be provided by the new café owner. Additionally, other campus departments will be encouraged to use the Haas Café for catered events across campus, provided that the Haas Cafe utilizes the University's online ordering system for purchases and payments under mutually agreed upon terms. The University currently uses SciQuest and America To Go to provide online order placement. See http://supplychain.berkeley.edu/america-go-frequently-asked-questions for details.

http://supplychain.berkeley.edu/america-go-frequently-asked-questions

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EQUIPMENT Prior to the completion of construction, the kitchen equipment listed in Attachment B will be built in and provided by Haas.

Any additional equipment needed for the café will be provided by the vendor. Please see Attachment C for a list of recommended equipment.

HOURS OF OPERATION

Café hours will be determined during the RFP process. As part of this process, vendors must submit proposed operation hours, which should reasonably service the school’s seven academic programs, in session Monday-Thursday 8am – 9:30pm, Friday 8:00am – 7:30pm, Saturday 8:30am – 6:30pm, and variable Sundays.

Please see Attachment D for more details regarding the academic programs.

MENU

Our goal is to have a café that reflects and enhances the vision of our new state-of-the-art building. The menu should be based on healthy, tasty, locally sourced food. Creativity and innovation are paramount.

The café will serve students as well as staff, faculty, alumni, recruiters, and donors. Prices should be moderate to match student budgets, with a selection of more expensive items which appeal to other diners. The ideal menu will rotate and include seasonal variety, specials, healthy, vegetarian and vegan options.

The services are breakfast, lunch, dinner, snacks and events. In addition to coffee, tea, and snack foods, we require high-quality offerings, including healthy sandwiches, seasonal soups, tossed-to-order salads, global cuisine and other specialty items. We require high-quality coffee and the full range of coffee-related drinks. (Note: If the campus enters into a coffee/tea partnership agreement, the vendor will be required to abide by the agreement).

Ingredients should be locally grown (within 250 miles of campus), organic, and fair trade or humanely produced whenever possible and marked as such on the menu. The menu should follow the UC Berkeley campus goals of 20 percent sustainable food and zero waste by 2020 (http://sustainability.berkeley.edu/food).

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While the current café does not offer alcohol, Haas will allow the new Café operator to serve beer and wine, under mutually agreeable guidelines and the Tenant’s ability to obtain a beer and wine license.

WELL REQUIREMENTS

The café has a target to achieve WELL New Construction Silver Certification. Please see Attachment E for more information about WELL Certification and how it specifically relates to the RFP.

SUMMARY REQUIREMENTS

The following key elements are important to the Haas community and will be used in evaluating all proposals. We encourage prospective vendors to address these areas in the materials submitted:

I. Cost: Our student body is diverse in terms of age and professional experience, ranging from undergraduates to working professionals in the Executive MBA Program. Food and beverage pricing should be affordable for students and also include a selection of slightly higher priced meals to accommodate staff, faculty, and donors.

II. Quality: Food should be of highest quality, according to industry standards. In addition,

the menu should include quality, seasonal selections, and daily specials. The vendor should provide a menu that uses many organic and sustainable ingredients, without compromising the quality, taste or price of the food.

III. Variety: The ideal menu will rotate. Additionally, it is important to offer a selection of food that represents the school's diverse student body, which is highly culturally diverse. Vendors should have an understanding of how to serve these types of populations, their interests and potential food restrictions.

IV. Healthy Choices: Selections should include healthy/low-fat options, fresh and made-

to-order salads, as well as vegetarian, vegan, and gluten-free options. Selections should include local, organic foods, seasonal and fresh produce items sourced from within a 250-mile radius.

V. Speed of Service: Given that community members are often consuming a meal, snack

and/or beverage between classes and meetings, wait time should be short. In addition, a variety of options such as grab-n-go; preordering for individuals and groups via text, app and/or other digital means should be considered.

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VI. Sustainability of Operations: Selections should include 20% sustainable, local, seasonal, and organic options at all times. They should be marked and listed on menus. Sustainable food criteria are as follows:

o Produce: fresh produce sourced from within a 250 mile radius o Meat: sustainable, grass-fed o Dairy: Organic o Non-dairy: soy, almond milk available o Seafood: Meet the Monterey Bay Seafood Sustainability Guidelines o Alternative diets: Vegetarian, vegan, gluten-free, and paleo options and

healthier, sugar-free treats including cookies o Coffee and tea: fair trade, sustainable, and organic, from a local vendor when

possible (adherence to a coffee/tea partnership agreement is mandatory if and when such an agreement in entered into by the campus).

Operations should strive for zero-waste as part of the campus sustainability initiative to achieve zero waste by 2020 (http://sustainability.berkeley.edu/waste). The Haas School of Business currently offers composting, recycling, and landfill services that the café should utilize. Café recommended to adopt reusable, compostable to-go, and on-site container options. Zero-waste criteria is as follows:

o To-Go Containers: All to-go items including sushi containers, salad, pasta,

cups, soup, silverware, etc. need to be eco compostable/biodegradable ware. o Reusable Containers: Must use reusable and/or returnable to-go containers

program with onsite dish washing (http://caldining.berkeley.edu/sustainability/chews-reuse).

o On-Site Containers: Plates, silverware, cups, and return stations for dishes and cutlery.

o Drinks: No plastic bottles at all. Only glass or aluminum bottles. Water offered in large container with compostable to-go cups.

o Snacks: Any snack items with compostable bags to use--possible scale system for costs including nuts, chocolate covered nuts and raisins, etc.

o Drink Refills: On-site stainless steel water bottles and coffee mugs offered at low prices for purchase. Discount card incentive offered for bringing and using reusable coffee cups.

o Waste: recycling, composting, landfill receptacles with detailed signage o Cleaning products: Green products used for washing dishes, cleaning, etc.

If the campus adopts new nutrition guidelines in addition to the WELL Requirements, the café vendor agrees to modify menu and food choices to comply, and if there is any conflict between them, the more stringent guidelines will prevail.

VII. The Lease: All vendors shall comply with the terms and conditions in the lease (see Attachment F). Only business points will be negotiated. Please note UC Fair Wage/Fair

http://caldining.berkeley.edu/sustainability/chews-reuse

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Work requirements in Article 46 of the Lease and adherence to the current beverage contract and any future coffee/tea partnership agreements in Landlord’s Rules and Regulations (Exhibit E of the Lease).

SELECTION PROCESS AND TIMEFRAME The Haas School of Business will host an optional tour of the Haas campus, including current café, central courtyard and an exterior viewing of the North Academic Building. Please email Nicole Terrell at [email protected] to RSVP for the tour.

• Tuesday, April 5th, 1:30-2:00pm Please arrive at the Haas School of Business Dean’s Office (S522E) by 1:15pm. The school will also host an optional bidders conference, immediately following the tour listed above. This will be an opportunity for bidders to meet project personnel and ask proposal related questions. Please email Nicole Terrell at [email protected] to RSVP for the conference. If you would like to attend the conference remotely, via Adobe Connect Meetings, please use the following link: http://haasberkeley.adobeconnect.com/cafebid/

• Tuesday, April 5th, 2:00-3:00pm

Please arrive at the Haas School of Business Dean’s Office (S522E) by 1:50pm Interviews: We are expecting to interview prospective vendors during the week of May 2nd.

Tastings: Haas will schedule tastings and menu presentations for finalists between May 9th to May 17th, at the earliest mutually convenient time.

Selection: We expect to select a vendor by May 31st, 2016.

mailto:[email protected]


http://haasberkeley.adobeconnect.com/cafebid/

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Due date: Proposals are due April 21st at noon. THE PROPOSAL Proposals will be evaluated on each of the issues raised in this summary, including but not limited to: proposed café menu, catering menu, hours, sample tastings, quality, sustainability, experience, cultural fit, and proposed rent. REQUIRED SUBMITTAL MATERIALS

I. Resume of prospective Café Operator II. Sample menu for café and prices

III. Proposed hours IV. If seeking to explore catering option, provide sample menus with prices for events you

have catered. V. Proposed rent structure/percent rent VI. List of current operations, locations and menus

VII. Copies of two most recent health inspections for each current location. VIII. Financial statements for each current operation. IX. References from property owners who have leased or licensed café space to the

prospective Café Operator. X. Proof of insurance acceptable to the University, naming The Regents of the University of

California as an additional insured with commercial insurance of $2 million each occurrence, $5million general aggregate, Commercial Liquor Liability $1 million

XI. WELL Building Certification Requirements (See Attachment E). XII. Projected first-year operating statement for the proposed café, including:

a. revenue for food b. revenue for beverages c. anticipated number of daily patrons d. anticipated revenue per patron e. expenses for labor (note that campus will require adherence to Fair Wage Plan,

described in the sample lease in Attachment F, Exhibit E and at http://ucnet.universityofcalifornia.edu/compensation-and-benefits/fairwage/uc-fair-wage-fair-work-fact-sheet.pdf

f. expenses for food g. expenses for rent and/or percentage rent h. overhead profit

XIII. Projected annual increases in sales, and any increases in rent and/or percentage of rent paid

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XIV. List of questions and/or concerns about the attached lease

One hard copy of your proposal should be submitted to the following address no later than noon on April 21st. Hard copies should be completely recyclable. No plastic bindings. In addition, an electronic version of the proposal, in PDF format, should be sent to Helen Levay at [email protected] and Nicole Terrell at [email protected]

Proposals may be hand delivered to the Dean’s Office Reception Desk:

Haas School of Business Dean’s Office 545 Student Services Building # 1900 (mail address) 2220 Piedmont Ave (delivery address) University of California at Berkeley Berkeley, CA 94720-1900

For questions about this Request for Proposal, please contact Nicole Terrell at [email protected] or 510-643-3887.


JANITOREVENT

STORAGE

ELECTRICAL

ELEV PIT

CHILLER MECH

BASEMENTCORRIDOR

WALK-INCOOLER

CAFESTORAGE

STORAGE

MECH 2

SERVICE

STAIR 4

BASEMENT PLANUniversity of California, BerkeleyHaas School of BusinessNew Academic Building

Partnership for Haas Preeminence

JUNE 18 2015

UP UP+0' +1.0' +2.33'

UP

UP

+0.33'+0.66'

+1.0'

+1.33'+1.66'

+2.0+2.33'

UP

+0.33'+0.66'

+1.0'

+1.33'+1.66'

+2.0+2.33'

+1.5'

+0'

UP +0'

UP

+.5'+1'

+.5'

+1'

UP

+1.5'

+1.5'

STAIR 4T56

MEN

WOMEN

BREAKOUT

BREAKOUT

BREAKOUT

LOBBY

T140

BREAKOUT

BREAKOUT

CIRCULATION

RESTROOM

SERVICE

T CLASS

BREAKOUT

STAIR 3

CORRIDOR

FIRST FLOOR PLANUniversity of California, BerkeleyHaas School of BusinessNew Academic Building


JUNE 18 2015

CONDIMENTS,RECYCLE / TRASH

BUSSING

+1.5'

+0'

UP +0'

UP

+.5'+1'

+.5'

+1'

UP

+1.5'

+1.5'

QUEUE

T56

BREAKOUT

WOMEN

BREAKOUT

PREP

LOBBY

BREAKOUT

CAFE

LOBBY

BALCONY

MEN

LOUNGE

KITCHEN

CAFETERRACE

NORTH

STAIR 2

BREAKOUT

CIRCULATION

FOOD SERVICE

RESTROOM

SERVICE

T CLASS

STAIR 1

STAIR 3

CORRIDOR

BALCONYBRIDGE

SECOND FLOOR PLANUniversity of California, BerkeleyHaas School of BusinessNew Academic Building


JUNE 18 2015

+2.0'

+2.0'

+2.0'

+0'

UP +0'

UP

+.5'+1'+1.5'

+.5'

+1'

+1.5' UP

+1.5'

+1.5'

+2.0'

+2.0' +2.0'

+0'

UP

+0'

UP

+.5'

+1'

+1.5'

+.5'

+1'

+1.5'

UP

+2.0' +1.5'

T76

BREAKOUT

MEN

WOMEN

BREAKOUT

BDF

FL25

BREAKOUT BREAKOUT BREAKOUT BREAKOUT BREAKOUT

ELEC

JAN

BREAKOUT

FL25

BALCONY

LOUNGE

LOBBYAV CONTROL

CORRIDOR

T76

STAIR 2

BREAKOUT

CIRCULATION

FLEX

RESTROOM

SERVICE

T CLASS

BREAKOUT

STAIR 3

STAIR 1

THIRD & FOURTH FLOOR PLANUniversity of California, BerkeleyHaas School of BusinessNew Academic Building


JUNE 18 2015

+2.0'

+2.0'

+2.0'

+0'

UP +0'

UP

+.5'+1'+1.5'

+.5'

+1'

+1.5' UP

+1.5'

+1.5'

RECYCLE / TRASH

T76

IDF

FL25

FL 78

BREAKOUT BREAKOUT BREAKOUT BREAKOUT BREAKOUT

CORRIDOR

BREAKOUT

WOMEN

MEN

BREAKOUT

BREAKOUT

ELEC

JAN

BALCONY

FL25

LOBBY

AV CONTROL

BREAKOUT

STAIR 1

STAIR 2

BREAKOUT

CIRCULATION

FLEX

RESTROOM

SERVICE

T CLASS

STAIR 3

CORRIDOR

CORRIDOR

FIFTH FLOOR PLANUniversity of California, BerkeleyHaas School of BusinessNew Academic Building


JUNE 18 2015

1010

1010

1010

1010

1010

1010

1010

1010

1010

1010

1010

1010

1010

1010

1010

10

10

10

10

B

EVENT SPACE

EVENT LOBBY

COATS

GALLERY

WOMEN MEN

CATERING

TERRACE

SEMINARROOM

STORAGE

GREEN ROOM

ASSEMBLY

CIRCULATION

LOUNGE

RESTROOM

SERVICE

RESTROOM

STAIR 1

CORRIDOR

AV CONTROL

STAIR 3

SIXTH FLOOR PLANUniversity of California, BerkeleyHaas School of BusinessNew Academic Building


JUNE 18 2015

Cafe at Haas North Academic Building

Project: From:

Haas School of Business

Berkley, CA

Item Qty Description

1.001 1 ea EXHAUST HOOD Streivor Air Systems Model No. SAWCBD-CR-CP-LD1 S/S construction with hood closer panels

1.002 1 ea FIRE SUPPRESSION SYSTEM Streivor Air Systems Model No. PYROCHEM Fire protection system

1 ea UTILITY WALL CAB Wall cabinet for Ansul system

1 ea PERMITS & DRAWIN Allowance for permits

1.003 1 ea ENERGY MANAGEMENT

Streivor Air Systems Model No. DEMAND VENTILATI Demand Energy Control Panel

1 ea COMMISSIONING Start up and commissioning

1.012 1 ea WORKTABLE

Custom Fab Model No. CUSTOM S/S construction

1.013 1 ea OVER SHELF

Custom Fab Model No. CUSTOM S/S consruction

l.013A 1 ea OVER SHELF


1.017 2 ea WALL SHELF


1.020 1 ea BACK COUNTER


1.022 2ea WALL SHELF


1.023 l ea WORKTABLE/SINKS

Cus.tom Fab Model No. CUSTOM S/S construction

1.023. 2 ea LEVER WASTE A


,.

Item

1.023. B

Qty Description

T&S Brass Model No. B-3950-01 Twist Waste Valve, 3-1/2" sink opening, 2" drain outlet with 1-1/2" adapter and overflow assembly (replaces B-39i6-01)

1 ea FAUCET

T&S Brass Model No. B-0221-CC Deck Mixing Faucet, 12" swing nozzle, 8" centers on deck faucet with 1/2" IPS CC male inlets, lever handles

1 ea B-0199-01 Aerator, non-splash, 55/64" -27 female aerator threads, fits goosenecks & nozzles

1.025 3 ea HAND SINK ,

Advance Tabco Model No. 7-PS-69 Hand Sink, wall model, 14" wide x 10" front-to-back x 5" deep bowl, 20 gauge 304 series stainless steel, heavy duty splash mounted faucet with wrist handles, lever drain with overflow, P-trap, side support brackets, soap & towel dispenser, wall bracket, NSF & CSA listed

3 ea K-08 Low-flow aerator 0.5gpm, fits 55/64-27 male or 15/16-27 female thread on spout, Conforms to California AB 1953

3 ea 7-PS-17 Welded Side Splash, 7-3/4" tall, both sides, for hand sinks with 14"W x 10" front-to-back bowls & splash mounted faucets

1.026 1 ea MOP SINK

Advance Tabco Model No. 9-0PC-84DR Cabinet, double width, with 12" deep mop sink in base on right, opening for mop bucket to roll in on left, stainless steel, 84" tall x 47.5" wide x 22" deep with mop hanger, 4 fixed intermediate shelves (3 on left, 1 on right), hinged double door, ventilation louvers

2 ea TA-46 Door lock, one required for each hinge door or for each set of sliding doors

1.027 1 ea SERVICE FAUCET

1 ea

1.029 1 ea

1.030 1 ea

1.031 1 ea

Advance Tabco Model No. K-240 Service Faucet

Note: This faucet is not intended for potable water use

WALL SHELF

Custom Fab Model No. CUSTOM 5/S construction

OVERSHELF

Custom Fab Model No. CUSTOM 5/5 construction

HEAT LAMP



Hatco Model No. GRN4L-24 Glo-Ray Narrow Halogen Foodwarmer, 24" L, remote dimmer switch control & master toggle, Xenon lights, steel housing in a variety of colors w/angle mounting bracket and 3' conduit standard, 450w

1 ea NOTE: Sale of this product must comply with Hatco's Minimum Resale Price Policy; consult order acknowledgement for details

·1 ea NOTE: Includes 24/7 parts & service assistance, call 800-558-0607

1 ea 120v/60/1-ph

1 ea LEADS15 11'-15' Extended Electrical Leads (Not for retrofit)

1 ea SS Stainless steel housing finish 24" (Not for retrofit)

1 ea The color selected is not the default Black and is considered custom and is NOT returnable

1.032 1 ea WORKSTATION WITH SHELVING

Custom Model No. UNKOWN Millwork counter by GC

1.033 2 ea OISHTABLE SORTING SHELF Advance Tabco Model No. DT-6R-24 Sorting Shelf, KD tubular design, 82" long, holds four racks

1.033. 4 ea DISHTABLE SORTING SHELF A

Advance Tabco Model No. DT-6R-48 Drainage Shelf, KD tubular design, 15"0 x 48"L, wall mounted

1.033. 1 ea DISHTABLE SORTING SHELF B

Advance Tabco Model No. DT-6R-21 Sorting Shelf, KD tubular design, 22" long, holds one rack

1.034 2 ea PRE-RINSE

T&S Brass Model No. B-0133-Al2-08 Easylnstall Pre-Rinse Unit, spring action gooseneck, 8" wall mount, JeTSpray valve 1.48 gallons per minute, 12" add-on faucet

1.035 1 ea THREE COMPARTMENT SINK


1.035. 1 ea DISHTABLE A

Custom Fab Model No. CUSTOM


Description

S/S construction


T&S Brass Model No. B-3950-01 Twist Waste Valve, 3-1/2" sink opening, 2" drain outlet with 1-1/2" adapter and overflow assembly (replaces B-3916-01)

1.035. 1 ea FAUCET B

T&S Brass Model No. B-0231-CC Sink Mixing Faucet, 12" swing nozzle, wall mounted, 8" centers on sink faucet with 1/2" IPS CC male inlets, lever handles


1.036 1 ea POT WASHER

Wells Model No. PW-106 Pot/Pan Washer Unit, built-in, overall motor length 11-1/2", water circulation 500 gallons per r:ninute, power on toggle switch located on motor, housing and intake screen stainless steel, impeller of noncorrosive nickel steel alloy, 120v/60/1-ph, 6.0 amps, 1/3 HP, NEMA 5-15P, UL

1.037 1 ea DISHWASHER, DOOR TYPE

Hobart Model No. AM15VLT-4 Ventless door type dishwasher, Energy recovery, Tall chamber, Hot water sanitize, Internal condensing system, 40 racks/hr, Straight-thru or corner, Solid-state controls with digital status, Booster heater, electric tank heat, Auto-fill, stainless steel tank, doors & feet, 480/60/3, ENERGY STAR

1 ea Standard warranty - 1-Year parts, labor & travel time during normal working hours within the USA

1 ea DWT-AM15 Drain water tempering kit

1 ea On-site DWT installation by local Hobart Service Office (this price is available only if the local Hobart Service Office completes the installation of the dishwasher within a 50 mile radius and during normal business hours). Price is available only with machine purchase (if purchased separately local installation rates will apply)

1 ea PRESREG-1/20BR 1/2" brass p'ressure regulator

1 ea WTRHAM-ARREST Water hammer arrestor kit

1 ea SEF8100 Single point connection.

1.038 SPARE NO.

1.039 1 ea SAFE

Custom Model No. UNKOWN By Owner



1.040 2 ea LOCKER

Nexel Model No. PT123AS Paramount Locker, triple tier, (3) doors, 12"Wx15"Dx24"H opening, 12"W O.A., 16 gauge steel doors, 5-knuckle hinges with welded door frame, chrome door latch, extra wide louvers, powder coat finish, 6" legs, assembled

1.041 1 ea WATER FILTER ACCESSORY Everpure Model No. EV9437-32 Endurance HF Quad System

1.042 SPARE NO.

1.043 SPARE NO.

1.044 1 ea SECURITY FENCE Custom Model No. UNKOWN Allowance for unkown as there are no specs, drawings or description. Only on the floor plan a small swing gate is shown

1.045 SPARE NO.

1.046 SPARE NO.

1.049 1 ea COFFEE URN, BREWER Curtis Co. Model No. RU-300-20 By Owner, NIC

1.050 4 ea PLASTIC WITH METAL FRAME SHELVING

Metro Model No. MQ1836G MetroMax Q Shelf, 36"W x 18"0, open grid polymer with Microban antimi·crobial protection, epoxy coat steel frame, wedge connectors

4 ea MX74UP MetroMax i Post, 74"H, for use with stem casters, adjusts at 1" increments, corrosion proof all polymer construction with built in Microban antimicrobial product protection

2 ea 5MPX MetroMax IQ Stem Caster, swivel, 5" diameter, 1-1/4" wide face, polyurethane wheel tread, 300 lb. capacity, NSF (donut bumpers included)

2 ea 5MPBX MetroMax IQ Stem Caster, brake, 5" diameter, 1-1/4" wide face, polyurethane wheel tread, 300 lb. capacity, NSF (donut bumpers included)

1.051 1 ea BACK COUNTER/SINK Custom Fab Model No. CUSTOM S/S construction



1.051. 1 ea FAUCET



A

T&S Brass Model No. B-0221-CC

r--- Deck Mixing Faucet, 12" swing nozzle, 8" centers on deck faucet with 1/2" IPS CC male inlets, lever handles


1.056 1 ea WALL SHELF Custom Fab Model No. CUSTOM S/S construction

1.057 1 ea MOBILE WORK TABLE Custom Fab Model No. CUSTOM S/S construction

1.058 1 ea DOUBLE OVERSHELF


1.059 SPARE NO.

1.060 1 ea DIE WALL COUNTER

Custom Model No. UNKOWN By GC, NIC

1.061 SPARE NO.

1.062 1 ea TABLETOP WASTE BIN

Tomlinson Industries Model No. 1920106 Packed 10 ea Trash Chute, built-in, 6" dia., stainless steel

1.063 1 ea ESPRESSO CAPPUCCINO MACHINE

LA MARZOCCO Model No. LINEA4GR EE By Owner, NIC

1.064 SPARE NO.

1.066 1 ea SNEEZE GUARD, STATIONARY

BSI Model No. DEC0-100 Sneeze guard

1.067 1 ea ICE CUBER WITH BIN

Manitowoc Model No. UD-0310A NEO Undercounter Ice Maker, cube-style, air-c-0oled, self contained, 304-lb. production/24hrs, 100 lbs ice storage capacity, electronic controls, dice size cubes, NSF, cETLus, CE, ENERGY STAR

1 ea 3 year parts & labor Commercial warranty

1 ea 5 year parts & labor Commercial warranty on evaporator

1 ea 5- year parts & 3- year labor Commercial warranty on compressor

1 ea (-161) 11Sv/60/1ph, 10.0 amps, 6' cord with NEMA 5-15P

1.068 1 ea FLOOR TROUGH




1.070 1 ea MILLWORK COUNTER

Custom Model No. UNKOWN ByGC, NIC

1.071 3 ea POS

Custom Model No. UNKOWN By Owner, NIC

1.072 3 ea PRINTER


1.073 SPARE NO.



1.076 1 ea REFRIGERATION SYSTEM,PREASSEMBLED REMOTE RDT Model No. IRWl-1 Refrigeration system

1 ea WARRANTY One year labor warranty

1.101 SPARE NO.

1.102 6ea TABLETOP WASTE BIN

Tomlinson Industries Model No. 1920106 Packed 10 ea Trash Chute, built-in, 6" dia., stainless steel

1.103 SPARE NO.

1.104 SPARE NO.

1.105 2 ea FREESTANDING COUNTER


2.002 1 ea HAND SINK


1 ea Note: This faucet complies with 2014 Federal no lead standards

1 ea K-08 Low-flow aerator 0.5gpm, fits 55/64-27 male or 15/Hi-27 female thread on spout, Conforms to California AB 1953


2.003 SPARE NO.



2.004 SPARE NO.

2.005 1 ea WALK-IN-COOLER

RMI Model No. CUSTOM RMI walk-in-box

2.006 1 ea EVAPORATOR RDT Model No. ADT-140 Blower coil, part of item # 1,076

2.007 SPARE NO.

2.008 24ea PLASTIC WITH METAL FRAME SHELVING

Metro Model No. MQ1836G MetroMax Q Shelf, 36"W x 18"D, open grid polymer with Microban antimicrobial protection, epoxy coat steel frame, wedge connectors

68ea MX74UP MetroMax i Post, 74"H, for use with stem casters, adjusts at 1" increments, corrosion proof all polymer construction with built in Microban antimicrobial product protection

34ea SMPX MetroMax IQ Stem Caster, swivel, S" diameter, 1-1/4" wide face, polyurethane wheel tread, 300 lb. capacity, NSF (donut bumpers included)

34ea SM PBX MetroMax IQ Stem Caster, brake, S" diameter, 1-1/4" wide face, polyurethane wheel tread, 300 lb. capacity, NSF (donut bumpers included)

4ea MQ1842G MetroMax Q Shelf, 42"W x 18"D, open grid polymer with Microban antimicrobial protection, epoxy coat steel frame, wedge connectors

8 ea MQ1848G MetroMax Q Shelf, 48"W x 18"D, open grid polymer with Microban antimicrobial protection, epoxy coat steel frame, wedge connectors



8 ea MQ2442G MetroMax Q Shelf, 42"W x 24"D, open grid polymer with Microban antimicrobial protection, epoxy coat steel frame, wedge connectors

20ea MQ2448G MetroMax Q Shelf, 48"W x 24"0, open grid polymer with Microban antimicrobial protection, epoxy coat steel frame, wedge connectors

***NOTE***Some shelving seems to be drawn at 14" depths. 14" not available in Metro Max. 18" used on quotation. Please verify:***

3.001 1 ea DISHTABLE SORTING SHELF



Advance Tabco Model No. DT-6R-24 Sorting Shelf, KO tubular design, 82" long, holds four racks

3.001. 2 ea DISHTABLE SORTING SHELF A

Advance Tabco Model No. DT-6R-36 Drainage Shelf, KD tubular design, 15"0 x 36"L, wall mounted

3.002 1 ea THREE COMPARTMENT SINK


3.002. 2 ea DISHTABLE SORTING SHELF B

3.004 1 ea

( ft

LL~ 3.005 2 ea

Advance Tabco Model No. DT-GR-72 Drainage Shelf, KD tubular design, 15"0 x 72"L, wall mounted

PRE-RINSE

T&S Brass Model No. B-0133-A12-08 Easylnstall Pre-Rinse Unit, spring action gooseneck, 8 11 wall mount, JeTSpray valve 1.48 gallons per minute, 12" add-on faucet

WORKTABLE


3.006 1 ea FAUCET

3.008

3.009

3.010

3.011

T&S Brass Model No. B-0231 Sink Mixing Faucet, 12" swing nozzle, wall mounted, 811 centers on sink faucet with 1/2" IPS eccentric flanged female inlets, lever handles

1 ea B-0230-K Installation Kit, (2) 1/2" NPT nipples, lock nuts and washers, (2) short "Ell" 1/2" NPT female x male

SPARE NO.

1 ea WATER FILTER ACCESSORY

Everpure Model No. EV9437-31 Endurance HF Triple System

1 ea WALL SHELF


1 ea WORKTABLE/SINK


Item

3.011. A

:l

3.011. B

3.013

3.014

3.015

3.017

3.019

3.021

3.024

3.025

Qty Description

""'"

2 ea

1 ea

1 ea

1 ea

2 ea

1 ea

1 ea

2 ea

1 ea

lea


LEVER WASTE


FAUCET

T&S Brass Model No. B-0221-CC Deck Mixing Faucet, 12" swing nozzle, 8" centers on deck faucet with 1/2" IPS CC male inlets, lever handles

B-0199-01 Aerator, non-splash, 55/64" -27 female aerator threads, fits goosenecks & nozzles

COFFEE BREWER FETCO Model No. CBS-2052E20 By Owner, NIC

CORD REEL Custom Model No. UNKOWN By Electrician-BC, NIC

SPARE NO.

EXHAUST HOOD

Streivor Air Systems Model No. VHUMC545420.S S/S construction with closer panels

ENERGY MANAGEMENT SYSTEM

Streivor Air Systems Model No. DEMAND VENTILATI Energy Management Control

HOLDING CABINET

Custom Model No. C539-CDC-U-BU By Caterer, N.IC

FLOOR TROUGH


HAND SINK


1 ea Note: This faucet complies with 2014 Federal no lead standards

1 ea K-08 Low-flow aerator O.Sgpm, fits 55/64-27 male or 15/16-27 femaie thread on spout, Conforms to California AB 1953


Item

3.026

3.027

3.028

3.029

3.030

3.031

3.032

3.033

Qty Description


1 ea INSTALLATION

CALIFORNIA COOKING Model No. INSTALLATION Install of walk-in and refrigeration

1 ea INSTALLATION

EB INSTALLATIONS Model No. INSTALLATION Install of kitchen equipment

1 ea LABOR

East Bay Restaurant Supply, Inc. Model No. STAGING Stage Equipment at EBRS Warehouse Prior to Delivery to Job Site

1 ea FREIGHT

East Bay Restaurant Supply, Inc. Model No. DELIVERY Delivery to job site

1 ea LABOR

East Bay Restaurant Supply, Inc. Model No. MEP MEP DRAWINGS

1 ea LABOR

East Bay Restaurant Supply, Inc. Model No. PROJECT MANAGEME PROJECT MANAGEMENT

1 ea ALLOWANCE

East Bay Restaurant Supply, Inc. Model No. ALLOWANCE Misc. allowance

1 ea DRAWINGS

Custom Fab Model No. DRAWINGS S/S fab shop drawings


Item Qty

1.004 1 ea

1 ea

1 ea

1 ea

1 ea

1 ea

1 ea

1 ea

1.004. 1 ea A

Cafe at Haas North Academic Building Recommended Equipment List

Description

GAS FRYER

Frymaster Model No. HSSD High Efficiency Open Full Pot Gas Fryer, 50 lb capacity, with digital controller, rack-type basket support, basket hanger, twin baskets, automatic melt cycle, boil-out temp control, electronic ignition, center mounted RTD, 1 compensating temperature probe, stainless steel frypot and door, enamel cabinet, legs, 80,000 BTU, part of the Manitowoc Enerlogic program, ENERGY STAR, NSF

Natural gas (specify elevation if over 4,999 ft.)

120v/60/1, 1 amp, standard (controls) Built-in filtration for (1) fryer

Casters are standard with Footprint filters

120v/60/l, 9 amps with cord & plug, for filter unit

(-SD) finish (stainless steel frypot and doors, enamel cabinet), standard

823-6559 Splash Shield, 20" D x 6-1/4" H

SAFETY SYSTEM MOVEABLE GAS CONNECTOR

Dormont Manufacturing Model No. 1675KIT2S48 Safety System Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, 1 SnapFast QD, 2 SwivelMAX, 1 full port valve, coiled restraining cable with hardware, limited lifetime warranty

1.005 · 1 ea HD RANGE, 24" GRIDDLE

Jade Range Model No. JMRH-24GT Titan 24" Heavy Duty Range, gas, griddle top with 1" thick polished steel plate, thermostatic controls, modular base with stainless steel legs & crossrails, adjustable feet, 60,000 BTU

1 ea NOTE: Stainless steel tray bed (burner box), deflectors, tray guides and drip tray/grease can standard

1 ea NOTE: All units are fully welded with heavy duty construction, stainless steel sides, front and top are standard

1 ea Four year part & labor warranty

1 ea Gas type to be specified

1 ea 1" Rear connection

1 ea 1" Gas regulator (max. 600,000 BTU)

1 ea Cap & stainless steel manifold cover, right

1 ea Battery charge - common plate shelf, per unit. No Charge Option on Fire and Ice combo

1 ea *** Mount on item #1.006, Titan Fire & Ice Self-Contained Refrigerated

Copy of Haas School of Business

Item Qty

Base (right)

Description

1.005. 1 ea SAFETY SYSTEM MOVEABLE GAS CONNECTOR A

Dormont Manufacturing Model No. 16100KIT2548 Safety System Moveable Gas Connector Kit, 1" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, 1 SnapFast QD, 2 SwivelMAX, 1 full port valve, coiled restraining cable with hardware, limited lifetime warranty

1.006 1 ea REFRIGERATED BASE, SELF-CONTAINED

/ 1.007

v/1.008

Jade Range Model No. JRLH-045-T-72 Titan Fire- & Ice Self-Contained Refrigerated Base, 72 11 wide, with (2) 14-3/811 & (2) 27-1/411 drawers, capacity (6) 1211 x 2011 x 611 deep pans (pans by others), balance galvanized, 6" stain less steel legs, 12.6 amps

1 ea All units are fully welded with heavy duty construction, stainless steel sides, front and top are standard

1 ea Four year part & labor warranty

1 ea 115v/60/1-ph, standard

1 ea CBF-6 Cabinet base filler, 611

1 ea Set of six casters (3 with brakes)

1 ea ***Overall width to be 78 11 (72 11 Refrigerated base with 611 Cabinet Base Filler)

1 ea HD RANGE, 3011 CHARBROILER

Jade Range Model No. JMRH-30B

1 ea

1 ea

1 ea

lea

1 ea

1 ea

1 ea

1 ea

Titan 30" Heavy Duty Range, gas, char-broiler with cast iron radiants & cast iron grate, infinite manual controls, modular base with stainless steel legs & crossrails, adjustable feet, 75,000 BTU

NOTE: Stainless steel tray bed (burner box), deflectors, tray guides and drip tray/grease can standard

NOTE: All units are fully welded with heavy duty construction, stainless steel sides, front and top are standard

Four year part & labor warranty

Gas type to be specified

1-1/4" Front manifold, cap & cover rear gas connection

·Battery charge - common plate shelf, per unit. No Charge Option on Fire and Ice combo

* ** Mount on item #1.006; Titan Fire & Ice Self-Contained Refrigerated Base (center)

HD RANGE, 24", 4 OPEN BURNERS

Jade Range Model No. JMRH-4-A Titan 2411 Heavy Duty Range, gas, (4) 1211 35,000 BTU open burners, modular base with stainless steel legs & crossrails, adjustable feet, 140,000BTU

1 ea NOTE: Stainless steel tray bed (burner box), deflectors, tray guides and


Item

1.009 J

•

1.009. A

Qty

1 ea

1 ea

1 ea

1 ea 1 ea

1 ea

Description

drip tray/grease can standard

NOTE: All units are fully welded with heavy duty construction, stainless steel sides, front and top are standard

Four year part & labor warranty

Gas type to be specified

1-1/4" Front manifold, cap & cover rear gas connection Cap & stainless steel manifold cover, left Battery charge - common plate shelf, per unit. No Charge Option on Fire and Ice combo

*** Less legs to mount on item #1.006, Titan Fire & Ice Self-Contained Refrigerated Base (left)

1 ea COMBI OVEN

Blodgett Cambi Model No. BX-14G SINGL Cambi BoHerless Oven Steamer, Gas, counter/stand, capacity (14) 12" x 20" x 2.5" pans or (7) 18" x 26" pans, glass door, 4 speed fan, Steam-onDemand & Vario Steam, 6-1/2" core temperature probe, dual stage door latch, 13-position rack glides, 5 wire shelves, retractable hose reel, includes stand, 65,000 BTU, 1/2 hp, ETL, NSF

1 ea 1-yr parts & labor warranty, standard 1 ea Nat gas

1 ea 120v/60/1-ph, 20.0 amps, NEMA 5-20P, standard 1 ea Backflow preventer

1 ea Water pressure regulator

1 ea Standard Stand - removed 1 ea. STACKING KIT

1 ea SAFETY SYSTEM MOVEABLE GAS CONNECTOR

-~ ~

Dormont Manufacturing Model No. 167SKIT2S48 Safety System Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, 1 SnapFast QD, 2 SwivelMAX, 1 full port valve, coiled restraining cable with hardware, limited lifetime warranty

1.010 j 1 ea CONVECTION OVEN

Blodgett Oven Model No. DFGlOO BASE Convection Oven, gas, (base section only) single-deck, standard depth, (SSD) solid state digital controls, 2-speed fan, (5) racks & (11) positions, interior light, simultaneous operated doors with glass, porcelain crumb tray, stainless steel front, sides & top, 55,000 BTU, CSA, NSF, CE

1 ea (3) year parts, (2) year labor warranty and (5) additional year door warranty (parts only), standard

1 ea Nat gas

1 ea llSv/60/1-ph, 6.0 amps, 3-wire with ground, 6' cord, plug, NEMA 5-lSP, 1/3 hp, standard

1 ea SSD Solid State digital with Pulse Plus and Cook & Hold, standard

1 ea Controls on right side of oven, standard

1 ea Venting to be determined

1 ea 6 11 casters (set), in lieu of legs


Item Qty

1 ea

Description

NOTE: THE SPEC'D OVEN ZEPH-100 G IS NOT AVAILABLE WITH THE SOLID STATE DIGITAL CONTROLS W/ COOK & HOLD & PULSE PLUS

1.010 1 ea SAFETY SYSTEM MOVEABLE GAS CONNECTOR

Dormont Manufacturing Model No. 1675KIT2S48 Safety System Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, 1 SnapFast QD, 2 Swivel MAX, 1 full port valve, coiled restraining cable with hardware, limited lifetime warranty

1.011 1 ea HEATED CABINET, UNDERCOUNTER

Metro Model No. C583L-SFS-UA CS 8 Series Controlled Temperature Holding Cabinet, mobile, undercounter, insulated, solid door, top mount digital control, low temp alarm & memory recall, ducted heating system, thermostat 70 to 200 F temp, universal wire slides (5) 18" x 26" or (10) 12" x 20" x 2-1/2" pan capacity, 3" O.C. (adjustable on 1-1/2" increments), 3" casters, 304 stainless steel, 120v/60/1-ph, 1440 watts, 12 amps, NEMA 5-lSP, UL, CUL, NSF

1 ea Model numbers ending in "A" are for cabinets with factory installed accessories or options; otherwise order the standard "non-A" part number

1 ea Right hand hinging, standard

1.014 1 ea REACH-IN UNDERCOUNTER FREEZER, 1 SECTION

/ 1.015

1 ea

1 ea

1 ea

lea

True Food Service Equipment Model No. TUC-27F-D-2 Undercounter Freezer, -10 F, stainless steel top & sides, white aluminum interior with stainless steel floor, (2) drawers each, accom. 12"x20"x6" pan (NOT included), 5" castors, front breathing, 1/3 HP, llSv/60/1, 7.4 amps, 7' cord, NEMA 5-lSP, MADE IN USA

Self-contained refrigeration standard

Warranty - 5 year compressor (self-contained only), please visit www.Truemfg.com for specifics

Warranty - 3 year parts and labor, please visit www.Truemfg.com for specifics

Alternative hinging available, please contact factory

1 ea 2-1/2''.-Castors, set of 4, in lieu of 5" castors

1 ea REFRIGERATED SANDWICH UNIT

True Food Service Equipment Model No. TSSU-27·8 Sandwich/Salad Unit, (8) 1/6 size (4"D) poly pans, stainless steel insulated cover, 11-3/4"0 cutting board, series stainless steel top/front/sides, aluminum back, (1) door, (2) shelves, white aluminum interior with stainless steel floor, 5" castors, 1/5 HP, llSv/60/1, 4.9 amps, 7' cord, NEMA 5-lSP, cUL, NSF, CE, MADE IN USA

1 ea Warranty - 3 year parts and labor, please visit www.Truemfg.com for specifics

1 ea Self-contained refrigeration standard

1 ea Warranty - 5 year compressor (self-contained only), please visit


Item Q.ty Description

www.Truemfg.com for specifics

1 ea Alternative hinging available, please contact factory

lea 5" Castors, standard

1.016 1 ea REFRIGERATED SANDWICH UNIT

J

~ True Food Service Equipment Model No. TSSU-60-16 Sandwich/Salad Unit, (16) 1/6 size (4"0) poly pans, stainless steel insulated cover, 11-3/4"0 cutting board, sta inless steel top/front/sides, a lu minum back, (2) fu ll doors, (4·) adjustable PVC wire shelves, white - aluminum interior with stain less steel floor, 5" castors, 1/3 HP, llSv/60/1, 7.8 amps, 7' cord, NEMA 5- lSP, cUL, NSF, CE, MADE IN USA



1 ea Warranty - 5 year compressor (self-contained only), please visit www.Truemfg.com for specifics

1 ea Alternative hinging available, please contact factory 1 ea 5" Castors, standard

1.018 4ea GARBAGE CAN

Rubbermaid Model No. FG354000GRAY Packed 4 ea Slim Jim Waste Container, 23 gallon, 20"L x ll"W x 30"H, general purpose waste, open type without lid, high-impact plastic construction, gray

1.019 1 ea HOT FOOD WELL

Wells Model No. TMPT-D Food Warmer, countertop, electric, two 12" x 20" pans, drain, wet/dry operation, thermostatic controls, stainless steel construction, with cordset and 4" legs, UL

1 ea limited 3 year parts & labor warranty, standard

1 ea 21361208-240v/60/l-ph, 1.8-2.4 kW, 8.7-10.0 amps, NEMA 6-lSP

1.021· 1 ea DISH CART

Carlisle Model No. ADS403 Optimizer Small Dish Dolly, 29"L x 29"W x 31-8/ll"H, poker chip design, (4) adjustable dividers, flexible configuration, two-handle access, rounded corners, non-marking casters (2 locking, 2 non-locking), polyethylene, black, NSF

1 ea WARNING: These vinyl products contain chemicals, including one or more phthalates, known to the State of California to cause cancer and birth defects and other reproductive harm.( CA H&S Code Section 25249.6)

lea CASTERS Custom caster allowance

1.024 1 ea RACK DOLLY



Cambra Model No. CDR2020H151 Ca m dolly for Cam racks, 23-3/8"L x 21-3/8"W x 37''H (exterior dimensions), w ith hand le, platform design, (4) swivel 3" casters, no brakes, lightweight, durable, soft gray polypropylene

1.028 3 ea GARBAGE CAN

Rubbermaid Model No. FG264300GRAY Packed 4 ea BRUTE Container, wit hout lid, 44 gallon, 24"0 x 31-1/ 2"H, round, reinforced rims, built in handles, double rimmed base, high-impact plastic construction, gray, NSF

3 ea FG264000BLA BRUTE Dolly, 18-1/4"0 x 6-5/B"H, heavy duty 3" casters, 250 lb. capacity, black

1.039 1 ea SAFE

Custom Model No. UNKOWN By Owner

1.047 1 ea TEA BREWER

FETCO Model No. TBS-2121 Iced Tea Brewer, twin, (2) 3.5 gallon each dispenser, programmable brew controls, touch screen operation, customiza ble start screen, no- . clog cascading spray dome, mixed mat erial construction

1 ea NOTE: Pricing and specifications subject to change with or without notice - Please call 1.800.FETC0.99 for confirmation

1 ea Circuit board: 3 year parts & 1 year labor warranty, standard

1 ea Electro-mechanical parts: 2 year parts & 1 year labor warranty, standard

1 ea All other parts: 1 year parts & 1 year labor warranty, standard

1 ea T2121011x1.68 KW heater, 120V, 1-ph, 1.7 KW, NEMA 5-15P/5-20P-C, 14.0 max amp draw, 12.0 gallons per hour

2 ea D064 IT0-2135 Ice Tea Dispenser, 3.5 gallon, full coverage lid, large welded handle with flat surface, slim body design, drip resistant faucet, front-to-back guide rail system, built-in carry handle, stainless steel finish

1.048 2 ea REACH-IN REFRIGERATOR, 1 SECTION

True Food Service Equipment Model No. T-19G Refrigerator, Reach-in, one-section, glass door, stain less steel front, aluminum sides, white aluminum interior with stainless steel floor, (3) adjustable PVC-coated wire shelves, fluorescent interior lighting, 2-1/2" castors, 1/3 HP, llSv/60/1, 8.9 amps, 9' cord, NEMA 5-lSP, NSF, MADE IN USA


2 ea Warranty - 5 year compressor (self-contained only}, please visit www.Truemfg.com for specifics

2 ea Swivel castors, set of 4, 2-1/2" dia.(adds 3-1/4" to OA height)

2 ea Warranty- 3 year parts and labor, please visit www.Truemfg.com for specifics

2 ea Door hinged right standard



1.049 lea COFFEE URN, BREWER

Curtis Co. Model No. RU-300-20 By Owner, NIC

1.052 1 ea REACH-IN REFRIGERATOR, 2 SECTIONS

True Food Service Equipment Model No. T-49G-LD Refrigerator, Reach-in, two-section, glass doors, stainless steel front, aluminum sides, white aluminum interior with stainless steel floor, (6) adjustable PVC-coated wire shelves, LED interior lighting, 4" castors, 1/2 HP, 115v/60/1, 9.1 amps, ENERGY STAR, MADE IN USA



lea 4" Swivel castors, standard (adds 5" to OA height)


lea Left door hinged left, right door hinged right standard

1.053 2ea HIGH SPEED GRILL

Electrolux Professional Model No. 603855 HSPPUSAT-High Speed Sandwich Press, ribbed non-stick top plate & smooth quartz bottom surface, independent temperature for top & bottom plates from 320 to 536 F, stainless steel & painted construction, 5000 W, 208v/60/1, 26.0 amps, NEMA 6-30P with ADJUSTABLE TUBE UPPER PLATE CONTACT SURFACE

2ea 653692 Spacer Stop Kit, for rear/side ventilation, for HSSP

2ea 653693 Side Protection Shield, for side ventilation, for HSSP

1.054 2ea BEAN GRINDER

LA MARZOCCO Model No. MAZSUPAS Mazzer Super Jolly automatice bean grinder, silver or balck color. 115 volts

1.055 2ea BAR BLENDER

m Vitamix Model No. 36019 (VM0145) The Quiet One, on-counter, electronic touch pad controls, 48

I oz. (1.4 liter) high-impact, clear Advance container & Advance blade, removable compact cover hinge design & 34 programs, 3 peak HP, 120v/50/60/1-ph, 15 amps, UL, cUL listed, NSF certified

2ea 120 volt standard, standard

2 ea 15978 Advance Container, 48 oz., Advance blade assembly and lid, for use with Blending Station MP & Blending Station Advance machines

1.063 1 ea ESPRESSO CAPPUCCINO MACHINE

LA MARZOCCO Model No. LINEA 4GR EE By Owner, NIC

1.065 1 ea REACH-IN UNDERCOUNTER REFRIGERATOR, 2 SECTION



True Food Service Equipment Model No. TUC-48G-LP Low Profile Undercounter Refrigerator, 33-38 F, (4) shelves, stainless steel top & sides, white aluminum interior with stainless steel floor, (2) Low-E glass doors, 1-1/2" diameter dual wheel castors, 31-7/8" counter height, front breathing, 1/5 HP, llSv/60/l, 6.4 amps, 7' cord, NEMA 5-lSP, cUL, NSF, CE, MADE IN USA


1 ea Warranty - 5 year com pressor (self-contained only), please visit · www.Truemfg.com for specifics

1 ea Warranty- 3 year parts and labor, please visit www.Truemfg.com for specifics

lea Alternative hinging available, please contact factory

1 ea 1-1/2" diameter dual wheel castors, standard

1.067 1 ea ICE CUBER WITH BIN

/ 1.069

Manitowoc Model No. UD-0310A NEO Undercounter Ice Maker, cube-style, air-cooled, self contained, 304-lb. production/24hrs, 100 lbs ice storage capacity, electronic controls, dice size cubes, NSF, cETLus, CE, ENERGY STAR




1 ea (-161) 115v/60/lph, 10.0 amps, 6' cord with NEMA 5-lSP

1 ea SERVICE/SELF-SERVICE BAKERY MERCHANDISER Structural Concepts Model No. HMBCS Harmony Service/Self-Service Bakery Merchandiser, 62-5/B"L, upper: lift-up curved front glass, clear glass rea r sliding door, lighted glass shelf in upper display, convert ible refrigeration, center divided display area, top light, lower: open self-service refrigerated, black interior, black trim, (2) cutaway end panels, Breeze w/EnergyWise self-contained refrigeration system

1 ea NOTE: 35" minimum entry door clearance required (w/out shipping skid)

1 ea NOTE: If GFCI is required, a GFCI breaker MUST be used in lieu of a GFCI receptacle

1 ea 1'yr. parts & labor warranty, 5 yr. compressor warranty, standard

1 ea Self-contained refrigeration system, standard

1 ea 220v/60/lph, 12.0 amps, 3-wire plus ground required, cord w/NEMA 14-20P

1 ea NOTE: Compressor air Intake from rear and out front panel, front panel cannot be blocked (Not applicable with remote refrigeration option)

1 ea Clean Sweep automatic condenser coil cleaner

1 ea Base Support: Casters (not available on remote units)

1 ea LED lights (MUST BE CHOSEN WHEN CASE IS ORDERED)

1 ea Exterior: Wilsonart or Formica NON-PREMIUM laminate (Color chart available from factory rep or access color selections via www.wilsonart.com or www.formica.com)

1 ea Rear Exterior: White, painted standard


Item

1.069A

Qty Description

1 ea NOTE: sec will not be responsible for additional charges incurred for Premium or other Manufacturer's laminate selections not originally quoted

1 ea Trim: Black standard

1 ea Upper Rear: Clear glass sliding rear doors, standard

1 ea ~ower Rear: Solid back panel, standard

1 ea Left End Panel: Single cutaway with mirror interior lower, standard

1 ea Right End Panel: Single cutaway with mirror interior lower, standard

1 ea Lower Display: Single display deck, standard

1 ea Night cover, retractable, non-locking

1 ea SERVICE/SELF-SERVICE BAKERY MERCHANDISER Structural Concepts Model No. HMBC4 Harmony Service/Self-Service Bakery Merchandiser, 50-3/4"L, upper: lift-up curved glass, clear glass rear sliding door, lighted glass shelf in upper display, convertible refrigeration, center divided display area, top light, lower: open self-service refrigerated, black interior, black trim, (2) cutaway end panels, Breeze w/EnergyWise self-contained refrigeration system

1 ea NOTE: 35" minimum entry door clearance required (w/out shipping skid) .

1 ea NOTE: If GFCI is required, a GFCI breaker MUST be used in lieu of a GFCI receptacle

1 ea 1 yr. parts & labor warranty, 5 yr. compressor warranty, standard

1 ea Self-contained refrigeration system, standard

1 ea 220v/60/lph, 10.50 amps, 3-wire plus ground required, cord w/NEMA 14-20P

1 ea NOTE: Compressor air intake from rear and out front panel, front panel cannot be blocked (Not applicable with remote refrigeration option)

1 ea Clean Sweep automatic condenser coil cleaner

1 ea Base Support: Casters (not available on remote units)

1 ea LED lights (MUST BE CHOSEN WHEN CASE IS ORDERED)

1 ea Exterior: Wilsonart or Formica NON-PREMIUM laminate (Color chart available from factory rep or access color selections via www.wilsonart.com or www.formica.com)

1 ea Rear Exterior: White, painted standard

1 ea NOTE: sec will not be responsible for additional charges incurred for Premium <;>r other Manufacturer's laminate selections not originally quoted

1 ea Trim: Black standard

1 ea Upper Rear: Clear glass sliding rear doors, standard

1 ea Lower Rear: Solid back panel, standard

1 ea Left End Panel: Single cutaway wit h mirror interior lower, standard

1 ea Right End Panel: Single cutaway with mirror interior lower, standard

1 ea Lower Display: Single display deck, standard

1 ea Night cover, retractable, non-locking



1.071 3 ea POS


1.072 3 ea PRINTER




1.075 1 ea CHILLED WATER DISPENSER

Crysalti Model No. CR-2SW Still Chilled Water only on Tap, countertop, 20"W, 6 gallon capacity water bath, 25 lb ice bank, 18 gallons per hour at 40 or less, 2 taps, (100) 24 oz portions at 2 oz per second flow/minute, self- contained refrigeration sys_tem, stainless steel drip pan, mirrored stainless steel exterior, 4" legs, 1/3 HP compressor, 9' cord, 120v/60/1, 14.9 amps, NSF (water filtration system required), made in the USA

1 ea Still chilled water only

1 ea CR-KIT-CT Insta llation Kit, watts water regulator reduced to 3/8 bar, watts backflow preventer reduced to 3/8 bar, 20' 3/8 tubing and clamps, reducer to 3/8 barb for 3/ 4" filter outlet, for countertop units

1.106 2 ea CART, BUS

Cambra Model No. BC225110 Service Cart, open design, three shelves, shelf size approximately 15" x 22", polyethylene exterior, 3" casters (2 fixed, 2 swivel, 1 with brake), 350 lb. load capacity, black, NSF

1.107 6 ea GARBAGE CAN

2.001 lea --j ~

lea

lea

1 ea

1 ea

1 ea

Rubbermaid Model No. FG354000GRAY Packed 4 ea Sl im Jim Waste Container, 23 gallon, 20"L x ll"W x 30"H, general purpose waste, open type without lid, high-impact plastic construction, gray

REACH-IN FREEZER, 1 SECTION

True Food Service Equipment Model No. T-23F Freezer, Reach-in, -10 F, one-section, stainless steel door, stainless steel front, aluminum sides, white aluminum interior with stainless steel floor, (3) adjustable PVC-coated wire shelves, interior lighting, 4" castors, 1/3 HP, llSv/60/1, 7.2 amps, NEMA 5-lSP, 9' cord, ENERGY STAR, MADE IN USA



4" Swivel castors, standard (adds 5" to OA height)

Warranty - 3 year parts and labor, please visit www.Truemfg.com for specifics

Left door hinging


Item Qty

3.003 lea

lea

1 ea

1 ea

3.007 lea

; I -<'

1 ea

1 ea

1 ea

1 ea

1 ea

3.012 3 ea

Description

DISHWASHER, UNDERCOUNTER

Hobart Model No. LXER~2

LXe Advansys Undercounter Dishwasher, Hot Water San itation, Energy Recovery, 30, 24, 13 Racks/H our, Fresh Water Rinse, .62 gal/rack, Automated Delime Cycle, Clogged Wash Arm Alert, 3 selectable cycles -light, normal, heavy (Pot & Pan cycle on heavy cycle), Advanced Service Diagnostics, 120/208-240{3W)/60/1, Detergent, Rinse Aid & Delimer Pump, ENERGY STAR

Standard warranty - 1-Year parts, labor & travel time during normal working hours

CORD-PWRKIT-LXEH Power cord kit, for 120/208-240(3w)/60/1 voltage

PRESREG-1/20BR 1/2" brass pressure regulator

REACH-IN REFRIGERATOR, 1 SECTION

True Food Service Equipment Model No. T-23G Refrigerator, Reach-in, one-section, glass door, stainless steel front, aluminum sides, white aluminum interior with stainless steel floor, (3) adjustable PVC-coated wire shelves, fluorescent Interior lighting, 4" castors, 1/3 HP, 115v/60/l, 7.9 amps, 9' cord, NEMA 5-lSP, cUL, NSF, CE, MADE IN USA



4" Swivel castors, standard (adds 5" to OA height)

Warranty- 3 year parts and labor, please visit www.Truemfg.com for specifics

Door hinged right standard

GARBAGE CAN

Rubbermaid Model No. FG354000GRAY Packed 4 ea Slim Jim Waste Container, 23 gallon, 20"l x ll"W x 30"H, generai purpose waste, open type without lid, high-impact plastic construction, gray

3.013 1 ea COFFEE BREWER

FETCO Model No. CBS-2052E20 By Owner, NIC

3.016 1 ea REACH-IN REFRIGERATOR, 2 SECTIONS

True Food Service Equipment Model No. T-49 Refrigerator, Reach-in, two-section, stainless steel doors, stainless steel front, aluminum sides, white aluminum interior with stainless steel floor, (6) adjustable PVC-coated wire shelves, interior lighting, 4" castors, 1/2 HP, 115v/60/1, 9.1amps,9' cord, NEMA 5-lSP, MADE IN USA, cUL, UL-Energy, NSF, CE, ENERGY STAR



1 ea 4" Swivel castors, standard (adds 5" to OA height)

1 ea Warranty - 3 year parts and labor, please visit www.Truemfg.com for


Item

3.020

3.020. A

3.022-2

Qty

1 ea

lea

1 ea

lea

1 ea

1 ea

1 ea

lea

1 ea

Description

specifics

Left door hinged left, right door hinged right standard

CONVECTION OVEN

Blodgett Oven Model No. SH0-100-G DOUBLE Convection Oven, Gas, double deck, full size capacity (10) 18" x 26" pans, stainless steel doors, dual pane therma l glass w indow on left and solid right hand doo r, (10) sta inless steel racks and (22) rack posit ions, chrome p lated door handle, manual controls, cooling fan, sta inless steel construction, 611 stainless steel legs, flue connector, 100,000 BTU, 1/3 hp blower, cETL, NSF

(1) One year parts and labor warranty, standard

Natural gas

Draft diverter, stainless steel, standard

6" casters (set), in lieu of legs

NOTE: DO NOT deduct cost of standard legs

Gas manifold

SAFETY SYSTEM MOVEABLE GAS CONNECTOR

Dormont Manufacturing Model No. 1675KIT2S48 Safety System Moveable Gas Connector Kit, 3/4" inside dia., 48" long, covered with stainless steel braid, coated with blue antimicrobial PVC, 1 SnapFast QD, 2 SwivelMAX, 1 full port valve, coiled restraining cable with hardware, limited lifetime warranty

1 ea ICE CUBER

Manitowoc Model No. IY-1204A Ind igo Series Ice M aker, cub e-style, air-cooled, self-conta ined condenser, up to 1205- lb approximately/24 hours, DuraTech exterior (stainless fin ish w lth innovat ive clear-coat resists fingerprints & dirt), half dice size cubes




1 ea (-261) 208-230v/60/lph, 25.0 amps, std.

1 ea F-700 Ice Bin, w it h top-hinged front-opening door, approximately 680 lb ice storage capacity, sliding window & sliding ice gate, we lded stainless st eel construction, (4) 6" legs, ice scoop, stainless steel adapter for 30" Ice machines

1 ea K-00347 Ice Deflector for 30" S-series or Indigo ice machines on nonManitowoc or F -Style bins


F-41 1 ea UNDER COUNTER REFRIGERATOR

Custom Model No. UNKOWN Allowance for UC refrigerator for item# F41 as shown on drawing AS/Al0-128


Program Population Semester Days HoursFall

Spring Fall - 475Fall - 325

2100 Summer Monday - Friday 8 a.m. - 6 p.m.

MFE 70 Year-Round Monday - Friday 9 a.m. - 4 p.m.

PhD 78 Year-Round Monday - Friday 9 a.m. - 4 p.m.

Fall Spring

130 Fall Monday - Thursday 6:00 p.m. - 9:30 p.m.

65 Spring Monday - Thursday 6:00 p.m. - 9:30 p.m.

300 Fall WeekendSaturday 9:00 a.m. - 4:00 p.m.Sunday 8:00 a.m. - 12:00 p.m

150 Spring WeekendSaturday 9:00 a.m. - 4:00 p.m.Sunday 8:00 a.m. - 12:00 p.m

140 Summer Thursday 7:30 a.m. - 7:30 p.m.140 Fall Friday 7:30 a.m. - 7:30 p.m.

70 Spring Saturday 7:30 a.m. - 4:00 p.m.

or7:30 a.m. - 6:30 p.m.

Center for Executive Education (2-5 day Executive Programs)

2900-3000 Annually

2-4 days Year-Round

Monday - Friday 8:30 a.m. - 6 p.m.

* Executive MBA students are generally on campus two of every three weeks, except in the Spring when they’re on campus once every three weeks.** The Hybrid Program is scheduled to launch in Fall 2017.

Attachment D

Undergraduate 800

Berkeley-Haas Academic Programs

4565 Monday - Friday 8 a.m. - 6 p.m.

Monday - Friday 4 p.m. - 10 p.m.

8 a.m. - 9 p.m.

Thursday - SaturdayExecutive MBA*

Evening & Weekend MBA

Monday - Friday500Full-Time MBA

Haas School of Business I North Addition Building Requirements of the WELL Building Standard Re: Cafe/ Food Service RFP Issued: 3/17/2016 by Integral Group

In alignment with the project's goals to meet both the new WELL Building Standard certification, the following is language has been provided to support Food Service RFP which is issued to be released in Spring 2016. The project has set a target to achieve WELL New Construction (NC) v1 .0 Silver Certification.

The WELL Building Standard has 7 main concepts:

• Air • Water • Nourishment ~ The focus of this RFP is around Pre-Conditions in this Concept area • Light • Fitness • Comfort • Mind

If potential "vendors" are not able to meet the required "Pre-Conditions" stated below, the project will be in peril of not being able to obtain the WELL Building Standard certification. The additional "Optimizations" are not required, but highly recommended for consideration, and can be provided as Add Services beyond the base scope.

Approaching the requirements for meeting the WELL Building Standard certification is viewed by the project team as a collaborative effort, and in the spirit of partnership, we encourage all potential vendors to accept the invitation of the RFP knowing that there is opportunity for being creative and flexible when we work together.

Please provide the following in response to this RFP via Form on Final page of this document:

1. List any Precondition requirements that are of concern, which may require alternative means & methods toward achieving the intent of the Preconditions.

2. List of all Optimizations that are believed to be achievable within the project's approach.

For additional information about the WELL Building Standard, and ability to download the free PDF resource, visit: https:l/www.wellcertified.com/standard. If there are any questions regarding these specific requirements, vendors are encouraged to reach out to the project's WELL consultant: Megan White, [email protected]: 510-663-2070 ext. 2001

Haas NAB - Food Service RFP WELL Building Standard requirements

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NOURISHMENT I BACKGROUND

"Nutrition plays a key role in health maintenance, weight management and chronic disease prevention. However, adherence to the dietary recommendations in the U.S. is poor. Similarly, global dietary patterns are also less than optimal; in many countries, people consume more than 500 calories from added sugars per day. In the U.S., half of the population consumes sugar-sweetened beverages (SSBs) on any given day, with a quarter of the population consuming over 200 calories from SSBs daily. In addition, the average dietary intake of calories in the U.S. in 2010 was nearly 2, 600 calories per person per day, which is a 25% increase in energy intake since 1970. Consumption of flour and cereal products, added fats and oils, and added sugars and sweeteners are some of the chief contributors to the increase in caloric intake.

Together with physical inactivity, poor diet is a major contributor to the U.S. overweight (Body Mass Index (BM/) of 25-29. 9) and obesity (BM/ over 30) epidemic, increasing the risk of cardiovascular disease, diabetes and cancer. Over two thirds (69%) of all American adults (20 years and older) today are overweight, and more than a third (35%) are obese. The situation is similar worldwide, with more than 1. 9 billion (39%) adults overweight in 2014, of which over 600 million (13%) were obese, making obesity not just an epidemic but a global pandemic.

Suboptimal dietary patterns can also lead to other detrimental health outcomes. For example, high consumption of SSBs has been linked to diabetes, metabolic syndrome, obesity, hypertension, dental caries and even depression. High intake of red and processed meat is associated with heart failure, hypertension, coronary heart disease, and colorectal and breast cancers. Moreover, low fruit and vegetable consumption is associated with a higher rate of type 2 diabetes, cardiovascular mortality, as well as breast and gastrointestinal cancers. The World Health Organization (WHO) reports that 2. 7 million deaths worldwide are attributed to insufficient fruit and vegetable intake, making it one of the top 1 O risk factors contributing to global mortality.

While the components and ingredients that often make up our foods represent a significant and reasonable concern, another issue is the changes in cultural food practices. Busy lives and longer workdays are encouraging unhealthy behaviors, including eating meals on the go and in front of the TV, snacking between meals and eating large portion meals. Further, high-fat, high-sugar snack foods of low nutritional quality are engineered to be tastier, with potentially addictive qualities. These foods are often supported by colorful and enticing advertisements that inundate our environments, from vending machines to restaurants and supermarket shelves. In the U.S. alone, more than $1.6 billion is spent annually by the food industry specifically marketing cereal, fastfood and soft drinks to children and adolescents, which, according to the Institute of Medicine (/OM), is "out of balance with recommended healthful diets", contributing to unhealthy dietary patterns and putting the health of the American youth at risk.

Fortunately, food purchase and consumption decisions, dietary patterns and preparation practices all represent not only points of concern, but also venues for health improvement. A variety of social, economic, physiological and environmental factors can affect individual dietary behaviors; the built environment is one of them. Distance and access to grocery stores and other places that have fresh fruits and vegetables, access to farmers' markets, the use of behavioral economics in cafeterias, increased availability of healthy foods and reduced marketing and availability of unhealthy foods, provision of caloric information and many other strategies can have an effect on our food choices and overall dietary patterns. The WELL Building Standard recognizes this and seeks to implement design strategies and policies within the built environment that increase access to healthy food options, enable people to make more informed dietary choices and lead to better health and well-being." - WELL Building Standard

NOURISHMENT I INTENT

The WELL Building Standard for Nourishment requires the availability of fresh, wholesome foods, limits unhealthy ingredients and encourage better eating habits and food culture. The following is a feature level matrix for the Nourishment concept:


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NOURISHMENT I PRECONDITIONS & OPTIMIZATION

The following are details of each Precondition (required) and Optimizations (optional), including background intent and documentation requirements:

NOURISHMENT 138 FRUITS AND VEGETABLES (REQUIRED)

The regular consumption of fresh fruits and vegetables is the cornerstone of a healthy diet. Consuming fresh and minimally processed fruits and vegetables can lower the risk of developing various chronic diseases and can help with weight management. However, less than 1 in 3 Americans currently consume the recommended daily amounts of fruits or vegetables. To encourage more people to incorporate fruits and vegetables as a central component of their diet, this feature requires that a variety of each is readily available where food is provided. These requirements are not applicable to projects that do not provide food service or vending.

38.1-FRUIT AND VEGETABLE VARIETY

DOCUMENTATION REQUIREMENTS I ANNOTATED DOCUMENT: OPERATIONS SCHEDULE+ ONSITE SPOT CHECK

REQUIREMENTS I If solid foods are sold or distributed on the premises by (or under contract with) the project owner, the following are provided or offered for sale:

(a) At least 5 varieties of fruits (containing no added sugar), at least 2 of which are non-dried.

(b) At least 5 varieties of non-fried vegetables.

38.2-FRUIT AND VEGETABLE PROMOTION


REQUIREMENTS I Cafeterias operated or contracted by the project owner, if present, include the following design interventions:

(a) A "healthy convenience" checkout line for only fruit and vegetable purchases.

(b) Vegetable dishes placed in front of checkout counter.

(c) Fruits placed in a bowl or in a stand at the checkout location.

(d) Menu posted with color photos of fruits and vegetables served.

NOURISHMENT I 39 PROCESSED FOODS (REQUIRED)

Foods that contain highly processed ingredients tend to have low nutritional value, and consuming them can create imbalances in the endocrine system and spur the growth of gut microflora. This feature prohibits or limits the main components of highly processed and industrialized foods (refined sugars, flours and oils) to encourage the consumption of healthy cuisines.

39.1 - REFINED INGREDIENT RESTRICTIONS


REQUIREMENTS I All food, beverages, snacks and meals sold or distributed on the premises by (or under contract with) the project owner meet the following conditions:

(a) No beverage with more than 30 g of sugar per container is sold or distributed through catering services, vending machines or pantries. Bulk containers of 1.9 L (2 quart) or larger are exempt from this requirement.

(b) In beverage vending machines and on food service menus, at least 50% of slots or listings are products that have 15 g or less of sugar per 240 ml [8 oz] serving.


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(c) No individually sold, single-serving, non-beverage food item contains more than 25 g of sugar.

(d) In any foods that contain a grain flour, whole grain is the primary grain ingredient by weight.

39.2- TRANS FAT BAN


REQUIREMENTS I All foods, beverages, snacks and meals sold or distributed on the premises by (or under contract with) the project owner do not contain:

(a) Partially-hydrogenated oil.

NOURISHMENT I 40 FOOD ALLERGIES (REQUIRED)

Without clear labeling of ingredients, individuals with allergies face an increased risk of exposure to allergens. The FDA requires that all packaged foods explicitly declare the presence of common allergens, and several municipalities and state governments have additional guidelines for prepared food served in food service establishments. This feature requires that all foods, beverages, snacks and meals are labeled with the 8 most common food allergens plus gluten. This includes not only packaged foods, but also any prepared food items as well.

40.1 - FOOD ALLERGY LABELING


REQUIREMENTS I Wherever foods are sold or distributed on the premises by (or under contract with) the project owner, foods are clearly labeled to identify that they contain the following allergens:

(a) Peanuts.

(b) Fish.

(c) Shellfish.

(d) Soy.

(e) Milk and dairy products.

(D Egg.

(g) Wheat.

(h) Tree nuts.

(i) Gluten, in compliance with the definitions and restrictions set forth by the FDA in 21 C.F.R. § 101.91.

NOURISHMENT 141 HAND WASHING (REMOVED - NOT APPLICABLE TO RFP)

NOURISHMENT 142 FOOD CONTAMINATION (REQUIRED)

Foods such as meat and poultry pose an increased risk of becoming contaminated with bacteria. Gastrointestinal problems that result from exposure to these pathogens can be reduced by preparing these foods at high temperatures and by following a precautionary protocol during meal preparation. This feature requires the separation of raw foods from prepared foods in preparation and storage areas to reduce the risk of pathogen cross contamination. Clear labeling is equally as important as it ensures healthy preparation habits.

42.1 - COLD STORAGE

DOCUMENTATION REQUIREMENTS I LEITER OF ASSURANCE (ARCHITECT)+ ON-SITE SPOT CHECK

REQUIREMENTS I Cold storage spaces contain the following:


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(a) At least one removable, cleanable drawer or container located at the bottom of the unit, designated and labeled for storing raw foods (uncooked meat, fish and poultry).

(b) A visual display of holding temperatures to ensure accurate representation of storage temperatures.

42.2-FOOD PREPARATION SEPARATION


REQUIREMENTS I The following conditions are met:

(a) Food preparation areas have distinct, designated seamless cutting boards for raw foods (uncooked meats, fish and poultry) and ready-to-eat foods (2 minimum).

(b) Each commercial food preparation or communal dining area has at least 2 separate sinks.

NOURISHMENT 143 ARTIFICIAL INGREDIENTS (REQUIRED)

Many artificial ingredients are typically added to highly processed foods to improve taste and to extend shelf-life. Since these additives do not contribute to a food's nutritional value, and tend to appear in foods with low nutritional qualities, they should be avoided as often as possible. This feature requires the clear labeling of all artificial colors, sweeteners and preservatives present in foods and meals to allow consumers to make more informed dietary choices.

43.1 - ARTIFICIAL SUBSTANCE LABELING


REQUIREMENTS I Foods and meals sold or distributed on the premises by (or under contract with) the project owner are labeled to indicate that they contain the following:

(a) Artificial colors.

(b) Artificial flavors.

(c) Artificial sweeteners.

(d) Brominated vegetable oils.

(e) Potassium bromate.

(D BHA (Butylated Hydroxyanisole).

(g) BHT (Butylated Hydroxytoluene).

NOURISHMENT 144 NUTRITIONAL INFORMATION (REQUIRED)

Access to complete nutritional information allows consumers to make informed dietary choices. The FDA has been setting strict requirements for nutrition labeling in packaged foods for many years, and several municipal administrations have extended a labeling regulation to apply to prepared foods as well. This feature requires that food sold and distributed on the premises - whether packaged or served prepared - are labeled with the total calories, macronutrient content and a complete list of ingredients. Many commercial kitchens already use software to organize recipes that can be repurposed to display nutrition information.

44.1-DETAILED NUTRITIONAL INFORMATION

DOCUMENTATION REQUIREMENTS I AUDITOR INSPECTION


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REQUIREMENTS I For foods or beverages sold or distributed on the premises by (or under contract with) the project owner, the following are accurately displayed (per meal or item) on packaging, menus or signage:

(a) Total calories.

(b) Macronutrient content (total protein, total fat and total carbohydrate) in weight and as a percent of FDA estimated daily requirements.

(c) Micronutrient content in weight or international units (IU) and as a percent of FDA estimated daily requirements.

(d) Total sugar content.

NOURISHMENT I 45 FOOD ADVERTISING (REQUIRED)

Limiting exposure to the advertising of unhealthy foods can help decrease the likelihood that individuals will make unhealthy eating choices. Additionally, by providing access to information about nutrition, individuals can learn about and develop better eating habits. This feature eliminates the advertising of unhealthy foods, while promoting the advertising of better food choices such as fresh fruits and vegetables and low-calorie meals.

45.1 - ADVERTISING AND ENVIRONMENTAL CUES


REQUIREMENTS I The following is met:

(a) Advertisements for any food or beverage items that do not conform to the requirements set forth in the Processed Foods Feature are not purposefully displayed on the premises.

45.2 - NUTRITIONAL MESSAGING


REQUIREMENTS I Using prominent displays such as educational posters, brochures or other visual or written media, all designated eating areas contain at least 3 instances of messaging intended to achieve each of the following requirements:

(a) Encourages the consumption of whole, natural foods and cuisines.

(b) Discourages the consumption of sugary or processed foods, beverages and snacks.

NOURISHMENT 146 SAFE FOOD PREPARATION MATERIALS (OPTIONAL)

Food preparation equipment can be a source of contaminants that are harmful to human health. Porous surfaces can harbor harmful pathogens while chemical additives often used to impart special properties to food preparation equipment, such as non-stick coatings, can leach or volatize. This feature suggests safer options for food preparation equipment and restricts materials that may use additives known to constitute a danger to human health or to be harmful to the environment.

46.1 - COOKING MATERIAL


REQUIREMENTS I Pots, pans and other cooking tools used to prepare food (except cutting boards) are made entirely of one or more of the following inert materials:

(a) Ceramics, except those containing lead.

(b) Cast iron.


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(c) Stainless steel.

(d) Glass.

(e) Coated aluminum.

(D Solid (non-laminated) wood that is untreated or treated with food-grade mineral or linseed oil.

46.2 - CUTTING SURFACES


REQUIREMENTS I All cutting boards are made from the following materials, and are replaced when they become excessively worn or have deep grooves from cutting:

(a) Marble.

(b) Plastic.

(c) Glass.

(d) Pyroceramic.

(e) Solid (non-laminated) wood that is untreated or treated with food-grade mineral or linseed oil.

NOURISHMENT 147 SERVING SIZES (OPTIONAL)

Excess caloric intake, especially through easy access to oversized meal options, can lead to a variety of adverse health conditions. Thus, reducing the size and caloric content of meals can reduce the tendency to unconsciously overeat, thereby preventing unhealthy weight-related problems and instilling healthier eating habits. This feature reduces unintended overconsumption without imposing restrictions on consumer choice.

47.1-MEAL SIZES


REQUIREMENTS I Where food is prepared to order by (or under contract with) the project owner, for at least half of all available entrees, the following option is available and listed on the menu:

(a) A version or portion of the entree that is 650 calories or less and at a reduced cost to the larger, regular version.

47.2 - DINNERWARE SIZES


REQUIREMENTS I Where food sold or distributed on the premises by (or under contract with) the project owner is self-serve and requires the use of a serving plate or bowl, each of the following is met:

(a) Plates are no larger than 20 cm [8 inches] in diameter.

(b) Bowls are no larger than 355 ml [12 oz].

(c) Cups are no larger than 355 ml [12 oz].rictions on consumer choice.

NOURISHMENT 148 SPECIAL DIETS (OPTIONAL)

Individuals with food allergies or dietary restrictions often encounter difficulty in finding suitable meal options. Clear labeling can prevent unintended exposure to allergens or restricted food items, but if a sufficient variety of alternatives is unavailable, these individuals may be at higher risk for consuming restricted and potentially harmful


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foods. This feature requires establishments that provide or sell food to include a variety of meal options available to those with common food allergies or dietary restrictions.

48.1 - FOOD ALTERNATIVES

DOCUMENTATION REQUIREMENTS I ANNOTATED DOCUMENT: OPERATIONS SCHEDULE

REQUIREMENTS I Meals or catering provided by (or under contract with) the project owner includes at least one suitable option for each of the following criteria:

(a) Peanut-free.

(b) Gluten-free, in compliance with the definitions and restrictions set forth by the FDA in 21 C.F.R. § 101.92.

(c) Lactose-free.

(d) Egg-free.

(e) Vegan (contains no animal products).

(D Vegetarian (contains no animal products, except for eggs and dairy).

NOURISHMENT 149 RESPONSIBLE FOOD PRODUCTION (OPTIONAL)

Organic and sustainable farming practices are designed to reduce environmental pollution and to increase the quality of life of the livestock that we rely upon for food. Organic agriculture makes up a rapidly growing share of food grown in the United States due to increasing demand from conscientious consumers. Making environmentally-friendly food choices reduces human exposure to pesticide residues, hormones, and antibiotic-resistant bacteria. This feature requires the adoption of organic and free-range agricultural products.

49.1-SUSTAINABLE AGRICULTURE


REQUIREMENTS I All produce sold or distributed on the premises by (or under contract with) the project owner meets the following criteria:

(a) USDA Certified Organic labeling.

49.2 - HUMAN AGRICULTURE


REQUIREMENTS I All meat, egg and dairy products sold or distributed on the premises by (or under contract with) the project owner meets the following criteria for the humane treatment of livestock:

(a) Humane Certified™ labeling.

(b) USDA Certified Organic labeling.

NOURISHMENT I 50 FOOD STORAGE (OPTIONAL)

Many refrigerators are not designed for preserving the taste and nutrient content of fruits and vegetables, which are better stored at slightly higher temperatures. Additionally, crisper drawers are often too small to store a sufficient amount of fruits and vegetables for a moderately sized group of people. This feature requires refrigerators and/or other food storage equipment that provide sufficient storage space for produce and that include temperature control capabilities.

50.1-STORAGE CAPACITY

Haas NAB - Food Service RFP WELL Building Standcird requirements

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DOCUMENTATION REQUIREMENTS I LETIERS OF ASSURANCE (ARCHITECT)+ ON-SITE SPOT CHECK

REQUIREMENTS I The space provides cold storage that meets the following requirements:

(a) Refrigerator contains at least 2 separate crisper drawers.

(b) Each crisper drawer is at least 1 L [0.35 ft3] per occupant (no more than 700 L [24.7 ft3] maximum is required).

50.2- TEMPERATURE CONTROL

DOCUMENTATION REQUIREMENTS I LETIERS OF ASSURANCE (ARCHITECT)+ ON-SITE SPOT CHECK

REQUIREMENTS I Refrigerators include at least 2 separate compartments that meet the following temperature requirements:

(a) 1°C to 4 °C [34 °F to 39 °F]. See Appendix Table N1 for a list of foods to store at this temperature range.

(b) 6 °C to 12 °C [43 °F to 54 °F]. See Appendix Table N1 for a list of foods to store at this temperature range.

NOURISHMENT I 51 FOOD PRODUCTION (REMOVED - NOT APPLICABLE TO RFP)

NOURISHMENT I 52 MINDFUL EATING (OPTIONAL)

Demanding work schedules and a lack of communal eating areas often leads people to eat in isolation during meal breaks. Eating alone can cause overeating and contribute to stress that is related to the lack of social interaction with others. This feature provides building occupants with dedicated spaces for eating and socializing with others. Time spent in these break areas can lead to better eating habits, strengthen social interactions and help reduce stress.

52.1- EATING SPACES

DOCUMENTATION REQUIREMENTS I ANNOTATED DOCUMENT: ARCHITECT DRAWING

REQUIREMENTS I An eating space (or multiple spaces) adheres to the following requirements:

(a) Contains tables and chairs to accommodate at least 25% of total employees at a given time.

(b) Is located within 60 m [200 ft] of at least 90% of occupants.

52.2 - BREAK AREA FURNISHINGS (REMOVED - NOT APPLICABLE TO RFP)


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Please provide the following in response to this RFP:

#1) List any Precondition requirements that are of concern, which may require alternative means & methods toward achieving the intent of the Preconditions.

PRECONDITION # PRECONDITION NAME

Example: 39.1 Refined Ingredient Restrictions

#2) List of all Optimizations that are believed to be achievable within the project's approach.

OPTIMIZATION# OPTIMIZATION NAME

Example: 48.1 Food Alternatives


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GR 0 UP

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

THE REGENTS AS LANDLORD LEASE

Lease covers Premises located at: Café Space at Haas School of Business Berkeley, CA 94720 Tenant: Contact: Address:

Phone: Fax: Email: Campus for which the space is leased: Berkeley Landlord: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Contact: Helen Levay, Real Estate Development & Portfolio Address: A&E Building, Room 205 Berkeley, CA 94720-1382 Phone: (510) 643-2066 Email: [email protected] Landlord’s Building Contact: Berkeley, CA 94720- Phone: (510) Fax: (510) Email: @berkeley.edu

ATTACHMENT F

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TABLE OF CONTENTS SUMMARY OF LEASE TERMS 1. PARTIES 2. PREMISES 2.1 Non-Exclusive Use Areas 2.2 Parking 3. TERM 3.1 Term 3.2 Options 3.3 Definition 3.4 Option(s) Personal 3.5 Multiple Options 3.6 Effect of Default on Options 3.7 Delay in Possession 3.8 Early Possession 4. RENT 5. SECURITY DEPOSIT 6. NOTICES 7. TENANT IMPROVEMENTS 7.1 Tenant Improvements 7.2 Cost of Tenant Improvements - Tenant 7.3 Tenant Improvement Warranties 7.4 Notice of Completion 7.5 Time Limit and Prior Tenancy 8. USE 8.1 Use 8.2 Compliance with Law 8.3 Condition of Premises 9. MAINTENANCE AND REPAIRS 9.1 Landlord and Tenant's Obligations 9.2 Surrender 9.3 Landlord's Rights 10. ALTERATIONS AND ADDITIONS 11. INDEMNIFICATION 11.1 Landlord's Obligation 11.2 Tenant's Obligation 12. INSURANCE REQUIREMENTS 12.1 Landlord's Insurance 12.2 Tenant's Insurance 12.3 Waivers of Subrogation 12.4 Exemption of Landlord from Liability 13. DAMAGE OR DESTRUCTION 13.1 Definitions 13.2 Partial Damage--Insured Loss 13.3 Partial Damage--Uninsured Loss 13.4 Total Destruction 13.5 Damage Near End of Term 13.6 Abatement of Rent; Tenant's Remedies 13.7 Termination--Advance Payments 13.8 Waiver 14. TAXES 14.1 Payment of Taxes 14.2 Personal Property Taxes 15. OPERATING EXPENSES

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15.1 Definitions 15.2 Additional Rent 16. SERVICES, UTILITIES 17. ASSIGNMENT AND SUBLETTING 17.1 Landlord's Consent Required 17.2 No Release of Tenant 17.3 Excess of Consideration 17.4 Administrative Fees 18. DEFAULTS; REMEDIES 18.1 Defaults by Tenant 18.2 Remedies 18.3 Default by Landlord 18.4 Late Charges 18.5 Impounds 19. CONDEMNATION 20. BROKER'S FEE 21. ESTOPPEL CERTIFICATE 22. SEVERABILITY 23. INTEREST ON PAST-DUE OBLIGATIONS 24. TIME OF ESSENCE 25. ADDITIONAL RENT 26. INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS 27. WAIVERS 28. HOLDING OVER 29. CUMULATIVE REMEDIES 30. COVENANTS AND CONDITIONS 31. BINDING EFFECT; CHOICE OF LAW 32. SUBORDINATION 33. ATTORNEYS' FEES 34. LANDLORD'S ACCESS 35. SIGNS 36. MERGER 37. QUIET POSSESSION 38. MULTIPLE TENANT BUILDING 39. SECURITY MEASURES 40. EASEMENTS 41. PERFORMANCE UNDER PROTEST 42. AUTHORITY 43. CONFLICT 44. EMISSIONS; STORAGE, USE AND DISPOSAL OF MATTER 44.1 Definitions 44.2 Compliance and Response 44.3 Other Emissions 44.4 Indemnification 44.5 Survival 44.6 Disposal of Other Matter 45. NO RIGHT TO RECEIVE RELOCATION BENEFITS 46. FAIR WAGE/FAIR WORK 47. ADDENDUM Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G

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Exhibit H Exhibit I ADDENDUM 1 ADDENDUM 2 ADDENDUM 3 ADDENDUM 4

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SUMMARY OF LEASE TERMS

Tenant: _____________________________ Landlord: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Address of Premises: Café Space at Haas School of Business

North Academic Building 2220 Piedmont Avenue

Berkeley, CA 94720 County of Premises: Alameda Rentable Square Feet of Premises: approximately 2,368 rsf plus separate storage space in the

Basement consisting of a 150 sf walk-in cooler and 250 sf of dry storage space.

Commencement Date: _________________ Expiration Date: _________________ Monthly Rent: $_______________ Base Monthly Rent ($_______ Annual Base

Rent) and/or Percentage Rent shall be an amount equal to __% of Annual Gross Sales to the extent such amount exceeds Annual Base Rent

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THE REGENTS OF THE UNIVERSITY OF CALIFORNIA THE REGENTS AS LANDLORD LEASE

ARTICLE 1 – PARTIES This lease is made as of by _________________________ and between __________________________________, a ____________________________ ("Tenant") and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation ("Landlord"). ARTICLE 2 – PREMISES Landlord hereby leases to Tenant and Tenant leases from Landlord for the term, in exchange for the rent, and upon all of the conditions set forth herein, certain real property situated in the County of Alameda, State of California, described as follows: approximately 2,368 rentable square feet of space on the second floor, located at Haas School of Business, North Academic Building, 2220 Piedmont Avenue, 2nd Floor, Berkeley, California, as defined in Exhibit A, plus separate storage space in the Basement consisting of a 150 sf walk-in cooler and 250 sf of dry storage space. Said real property and all improvements therein is called "the Premises." The Premises are a portion of a building at such location ("Building"). 2.1 – NON-EXCLUSIVE USE AREAS Tenant shall also have the non-exclusive right to use, in common with other tenants in the Building, any and all of the following areas which may be appurtenant to the Premises: common entrances, lobbies, elevators, stairways and access ways, loading and unloading areas, visitor parking areas, ramps, drives, platforms, public restrooms, and common walkways and sidewalks necessary for access to the Premises. Tenant shall have use of the patio seating at all times when open for business, with priority for Tenant’s customers during peak lunch and dinner hours. 2.2 – PARKING The Premises include, for Tenant's exclusive use, zero (0) parking spaces. ARTICLE 3 – TERM 3.1 – TERM The term of this Lease ("Lease Term") shall be for ___ months, commencing as specified in Exhibit B ("Lease Commencement Date") and ending as specified in Exhibit B ("Lease Expiration Date"), unless sooner terminated pursuant to any provision hereof. 3.2-3.6 – INTENTIONALLY DELETED – depending on term, we may allow an option to renew, and will reinstate that language. 3.7 – DELAY IN POSSESSION Notwithstanding said Lease Commencement Date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on or before April 1, 2016 (“Tenant Possession Date”), Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof, but in such case, Tenant shall not be obligated to pay rent until five (5) months after possession of the Premises is tendered to Tenant; provided further, however, that if Landlord shall not have delivered possession of the Premises within sixty (60) days from said Tenant Possession Date, Tenant may, at Tenant's option, by notice in writing to Landlord within thirty (30) days thereafter, cancel this Lease, in which event, Landlord will reimburse Tenant up to $150,000 for bona fide third party out-of-pocket costs actually incurred by Tenant in connection with the design and development of the Premises and Tenant will assign its rights to any and all plans and designs to Landlord and, the parties shall be discharged from all other obligations hereunder; provided, however, that if

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such written notice of Tenant is not received by Landlord within said thirty (30) day period, Tenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. 3.8 – EARLY POSSESSION In accordance with Article 3.7 above, Tenant expects to occupy the Premises prior to said Lease Commencement Date for the sole purpose of performing its improvements, fixturizing and training staff, such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the termination date, and Tenant shall not pay rent for such period. . ARTICLE 4 – RENT 4.1 – BASE RENT Except as otherwise provided in Addendum 3, Tenant shall pay to Landlord as Monthly Rent for the Premises, the sum of ____________________________ Dollars and No Cents ($______________), payable in advance, on or before the first day of each month commencing as specified in Exhibit B ("Rent Commencement Date"). Rent for any period during the term hereof which is for less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable to Landlord at the address stated herein or at such other address as Landlord may from time to time designate in writing. 4.2 – PERCENTAGE RENT 4.2a Percentage Rent Period. The Percentage Rent Period shall be paid annually in the amount of ___ percent (_%) of the Tenant’s Annual Gross Sales (defined below) to the extent such amount exceeds the annual base rent of __________________ Dollars ($____________). The last Percentage Rent Period will end on the date the term expires or terminates. On or about the 10th day of the calendar month immediately following the close of each Percentage Rent Period, Tenant shall pay to Landlord the amount computed as a percentage of Tenant's Gross Sales during the Percentage Rent Period as described in this Paragraph 4 and Exhibit H – Percentage Rent Schedule. As an example, if Gross Annual Sales are $2,250,000, the rent calculation would be: $2,250,000 x _ percent = $_______________ Minimum Annual Rent = $___________ ($_______ paid monthly) Tenant pays the amount above the Minimum Annual Rent with its Annual Statement of Gross Sales of $___________ - $____________ = $_________________ Total Annual Income in this example is $______________. 4.2b Gross Sales Defined. The term "Gross Sales" shall mean: the actual sales prices or rentals of all goods, wares, catering and merchandise sold at the Premises, licensed, or delivered and the actual charges for all services performed by Tenant or by any Subtenant, or concessionaire in, at, from, or arising out of the use of the Premises, whether for wholesale, retail, cash, credit, or trade-ins or otherwise. Gross Sales shall include, without limitation, sales and services (i) where the orders therefore originate in, at, from, or arising out of the use of the Premises, whether delivery or performance is made from the Premises or from some other place, (ii) orders made or performed by mail, telephone, or by any other means, (iii) made or performed by means of mechanical or other vending devices in the Premises, and (iv) which Tenant or any Subtenant, concessionaire or other person in the normal and customary course of its business would credit or attribute to its operations at the Premises or any part thereof. Any sums deposited with and forfeited to Tenant shall be included in Gross Sales. Each installment or credit sale shall be treated as a sale for the full price in the month during which such sale is made, regardless of whether or when Tenant receives payment therefor. No franchise or capital stock tax and no income or similar tax based on income or profits shall be deducted from Gross Sales. Gross Sales shall not include (i) any amounts collected and

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paid by Tenant for sales or excise tax imported by any duly constituted governmental authority, or (ii) any cash or credit refund made upon any sale in or from the Premises where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant. 4.2c Statement of Gross Sales. On the tenth (10th) day of each month, commencing on the tenth (10th) day of the second month following Lease Commencement Date and ending on the tenth (10th) day of the month following the month in which this Lease expires or otherwise terminates and Tenant vacates the Premises, Tenant shall furnish Landlord with a written statement certified as true and accurate by Tenant setting forth the total amount of Monthly Gross Sales made during the preceding calendar month ("Monthly Gross Sales Report"). This statement shall be in the form and shall contain such information and breakdown as Landlord may reasonably require. On the tenth (10th) day of the month immediately after the date when Tenant is required to deliver its Annual Gross Sales Report, Tenant shall pay Landlord the amount of Percentage Rent due for that year. Tenant's obligations set forth in this Article 3.3 shall survive the expiration or earlier termination of this Lease. Within thirty (30) days after the close of each calendar year, Tenant will furnish Landlord with a written statement, certified as true and accurate by Tenant, setting forth by month the monthly totals of the Gross Sales from the Premises during the preceding calendar year. This statement shall be in the form and shall contain such information and breakdown as Landlord may reasonably require. Tenant shall maintain, and shall cause any Subtenant or concessionaire to maintain, on the Premises or at its headquarters elsewhere in the State of California, in accordance with generally accepted accounting principles, consistently applied, complete and accurate books of account and records of all daily receipts from sales made or services provided on, in, or from the Premises, whether for cash or on credit, showing cumulative totals and all transactions. These books and records shall include, but not be limited to, true copies of all sales and other excise tax reports that Tenant may be required to furnish to any governmental agency. These books and records shall be kept for a period of at least three (3) years after the date of Tenant's annual statement of Percentage Rent as described in this Article 3.3 hereof. The receipt by Landlord of any statement of Gross Sales or Percentage Rent for any period or the payment of any sum as Rent shall not bind Landlord as to the correctness of that statement. Landlord or Landlord's designee shall have the right to examine, at any time during normal business hours and upon at least one (1) business day prior written notice to Tenant, all books and records of Tenant, including those of any Subtenant or concessionaire, which pertain to any business conducted on, in, or from the Premises. Once in each twelve (12) month period, Landlord shall be entitled to conduct, or have a certified public accountant conduct, an audit of the records of all business conducted on, in or from the Premises for the purpose of determining Gross Sales; this audit shall be conducted during normal business hours at the Premises. If it shall be determined as a result of such audit that there has been a deficiency in the payment of Percentage Rent, such deficiency shall become immediately due and payable with interest from the date when the payment should have been made at the rate of ten percent (10%) per annum. If Tenant's statements for the pertinent twelve (12) month period shall be found to have understated Gross Sales in excess of three percent (3%), Tenant shall forthwith pay Landlord for the cost of the audit and shall pay all reasonable costs and expenses incurred by Landlord in determining the understatement and collecting the underpayment. ARTICLE 5 – SECURITY DEPOSIT Tenant shall deposit with Landlord upon execution hereof $__________ as security for Tenant's faithful performance of Tenant's obligations hereunder. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Landlord may use, apply or retain all or any portion of said deposit for the payment of any rent or other charge in default or for the payment of any other sum to which Landlord may become

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entitled by reason of Tenant's default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. If Landlord so uses or applies all or any portion of said deposit, Tenant shall within ten (10) days after written demand therefor deposit cash with Landlord in an amount sufficient to restore said deposit to the full amount herein above stated and Tenant's failure to do so shall be a material breach of this Lease. If the monthly rent shall, from time to time, increase during the term of this Lease, Tenant shall thereupon deposit with Landlord an additional security deposit so that the amount of security deposit held by Landlord shall at all times bear the same proportion to current rent as the original security deposit bears to the original monthly rent set. Landlord shall not be required to keep said deposit separate from its general accounts. If Tenant performs all of Tenant's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant (or, at Landlord's option, to the last assignee, if any, of Tenant's interest hereunder) at the expiration of the term hereof, and after Tenant has vacated the Premises. No trust relationship is created herein between Landlord and Tenant with respect to said Security Deposit. ARTICLE 6 – NOTICES All notices or correspondence provided for herein shall be effective only if made in writing, personally delivered with an executed acknowledgment of receipt or deposited in the United States mail, certified, postage prepaid, and addressed as follows: To Landlord: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

c/o Helen Levay, Manager Real Estate Development and Portfolio A&E Building, Room 205 Berkeley, CA 94720-1382

Rent payments shall be sent to (need not be sent certified): Haas School of Business – Dean’s Office 545 Student Services Building #1900 University of California, Berkeley Berkeley, CA 94720-1900 Attention: Sherrie Stewart To Tenant: and a copy to: Any notice shall be deemed delivered five (5) days after notice is mailed or, if personally delivered, when acknowledgment of receipt is signed, as provided above. By written notice to the other, either party may change its own mailing address. ARTICLE 7 – TENANT CONSTRUCTED TENANT IMPROVEMENTS 7.1 – TENANT IMPROVEMENTS Prior to the Lease Commencement Date, Tenant shall construct tenant improvements and make installations in the interior of the Premises in order to improve the space for the Tenant’s intended

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use in accordance with plans and specifications approved by Tenant and Landlord ("Plans and Specifications") and in accordance with those provisions of the attached Addendum 4 which describe construction. The work described in the preceding sentences and the resulting installations are referred to in this Lease as the "Tenant Improvements,” and Addendum 4 is referred to herein as the "Work Agreement." Tenant shall own the Tenant Improvements during the term of the Lease. 7.2 – COST OF TENANT IMPROVEMENTS Tenant shall provide at its sole cost and expense the Tenant Improvements on the terms and conditions provided in Addendum 4. 7.3 – TENANT IMPROVEMENT WARRANTIES Tenant warrants to Landlord that all materials and equipment furnished by Tenant in its improvement of the Premises shall be new unless otherwise specified in the Work Agreement, and that all of Tenant's work to be performed under the Work Agreement shall be of good and workmanlike quality, free from faults and defects, and in accordance with the final Plans and Specifications and the requirements of the Work Agreement. Any of Tenant's work not conforming to the above standards shall be considered defective. 7.4 – NOTICE OF COMPLETION Landlord shall complete construction of the Tenant Improvements by Tenant’s Possession Date. Landlord shall immediately upon completion of construction give written notice to Tenant of such completion. 7.5 – TIME LIMIT AND PRIOR TENANCY On the Lease Commencement Date, Landlord shall deliver possession of the Premises to Tenant in the condition required by Article 7.4 with construction completed as required in Landlord’s Plans and Specifications. No rent shall accrue under this Lease, nor shall Tenant have any obligation to perform the covenants or observe the conditions herein contained until the Premises have been so taken. If Tenant's ability to take possession by the date as set forth in this provision is delayed as a result of any of the following causes, the date for delivery shall be postponed without penalty to Tenant for a period of time equivalent to the period caused by such delay: a.) acts of Landlord, its agents, or employees; b.) acts of God which Tenant could not reasonably have foreseen or guarded against; c.) any strikes, boycotts or like obstructive actions by employees or labor organizations and

which are beyond the control of Tenant and which cannot be reasonably overcome; or d.) restrictive regulations by the Federal Government which are enforced in connection with a

national emergency. ARTICLE 8 – USE 8.1 – USE The Premises shall be used only for the sale of food, beverages, catering services and cafe operation in accordance with the rules set forth here and as attached in Exhibit E - Landlord’s Rules & Regulations and Exhibit I, Catering Rules. No other purpose is permissible under the terms of this Lease. Tenant shall not use nor permit the use of the Premises in any manner, which will tend to create waste or a nuisance, or, shall tend to disturb any other individuals. Tenant shall obtain whatever permits and/or licenses to fulfill whatever use conditions as may be required by the City or County, including obtaining a liquor license from the California Department of Alcoholic Beverage Control. 8.2 –CATERING Tenant shall abide by all Campus regulations regarding catering as set forth and attached in Exhibit I.

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8.3 – OPERATION Tenant agrees that during the term hereof, it will operate and conduct within the Premises with due diligence and efficiency, the business which it is permitted to operate and conduct under the provisions of this Lease. In this connection, Tenant hereby agrees that at all times during the term thereof, Tenant shall maintain its equipment and furnishings in first-class condition and working order, replacing or adding from time to time such equipment as may be required or appropriate so to do. Subject to Article 35 below, Tenant shall not keep, display or sell, or suffer or permit the display or sale of any food items or merchandise outside the defined exterior walls and permanent doorways of the Premises, or otherwise obstruct the sidewalks or area ways adjacent to the Premises, without the prior written consent of Landlord. Tenant shall maintain the windows and signs in a neat and clean condition. Tenant shall not maintain or place on the Building any awnings, except upon written consent of Landlord. Tenant shall not authorize newsstands, taxi stands, flower stands or any business to be operated in front of the leased property. 8.4 – CONDITION OF PREMISES Except for the delivery of possession of the Premises in the condition required under the Lease, Landlord shall be under no obligation to make any changes, additions, repairs or improvements to the Premises, except as may be expressly provided herein, or in order to comply with Health and Safety requirements. Tenant acknowledges that no representations as to the condition or repair of the Premises have been made by Landlord or its agents or promises to alter, remodel or improve the Premises, except as may be elsewhere more specifically contained herein. Tenant by taking possession of the Premises shall be deemed to have agreed that said Premises are then in satisfactory order, repair and condition. 8.5 – TRASH Tenant shall provide trash baskets which are visually pleasing and shall keep such areas around concession area and trash baskets reasonably clean at all times. Tenant shall deposit all trash in the trash area provided by Landlord in sealed containers. Tenant must retain grease in sealed containers within the Premises and arrange for disposal separate from the trash disposed of in the Building at its own cost and expense. 8.6 – CLEANLINESS Tenant agrees at all times during the term hereof, and at its own cost and expense, to keep its equipment in good order, condition and repair, and in a clean, sanitary and safe condition in accordance with the laws of the State of California, and in accordance with the City of Berkeley and all directions, rules and regulations of health officials, fire marshals, policy officials, building inspectors or other proper officers of governmental agencies having or claiming jurisdiction thereof, and except as otherwise provided in the Lease. Tenant further agrees to perform on the spot clean-ups for food and beverage spills in the Premises and Patio on the floors and furniture as they occur. 8.7 – APPEARANCE Landlord and Tenant shall agree on choices for name, logo, signage, decoration and appearance of the café, subject to approval by Landlord’s committees who have jurisdiction for such decisions. 8.8 – BATHROOM ACCESS Tenant acknowledges that there are no bathrooms designated for use by the café and that employees and patrons will be using the common area gender neutral bathrooms on Level 2 (courtyard level). Landlord shall be obligated throughout the Lease Term to maintain the bathrooms in good order, condition and repair, and in a clean, sanitary and safe condition in accordance with the laws of the State of California, and in accordance with the City of Berkeley and all directions, rules and regulations of health officials, fire marshals, policy officials, building inspectors or other proper officers of governmental agencies having or claiming jurisdiction thereof. 8.9 – INDOOR FURNITURE

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Tenant agrees to bring into the café on a daily basis prior to the close of business any indoor furniture that has been moved outdoors. ARTICLE 9 – MAINTENANCE AND REPAIRS 9.1 – LANDLORD AND TENANT’S OBLIGATIONS The respective repair and maintenance responsibilities of Landlord and Tenant are set forth in Exhibit D, Summary of Repair and Maintenance Responsibilities, which by this reference is incorporated herein. 9.2 – SURRENDER On the last day of the term hereof, or on any sooner termination, Tenant shall surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and casualty excepted, clean and free of debris. Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and equipment, provided, however, Tenant shall not be obligated to remove improvements or alterations to the Premises previously approved by Landlord except as designated by Landlord as part of Landlord’s approvals of such improvements or alterations. 9.3 – LANDLORD’S RIGHTS If Tenant fails to perform Tenant's obligations under this paragraph, or under any other paragraph of this Lease, Landlord may at its option (but shall not be required to) enter upon the Premises after ten (10) days' prior written notice to Tenant (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. ARTICLE 10 – ALTERATIONS AND ADDITIONS a. Tenant shall not, without Landlord's prior written consent make any alterations,

improvements, additions, or Utility Installations in, on or about the Premises, except for nonstructural alterations not exceeding $10,000 in cumulative costs during each year of the term of this Lease. In any event, Tenant shall make no change or alteration to the exterior of the Building without Landlord's prior written consent. As used in this paragraph, the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Should Tenant make any alterations, improvements, additions or Utility Installations without the prior approval of Landlord, Landlord may require that Tenant remove any or all of the same.

b. Any alterations, improvements, additions or Utility Installations in, on, or about the

Premises that Tenant shall desire to make and which requires the consent of the Landlord shall be presented to Landlord in written form, with proposed detailed plans. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner.

c. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have

been furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics' or materialmen's liens against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days' notice prior to the commencement of any work in the Premises, and Landlord shall have the right to post notices of nonresponsibility in or on the Premises as provided by law. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its

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sole expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs in participating in such action if Landlord shall decide it is in its best interest to do so.

d. Unless Landlord requires their removal, as set forth in paragraph 10(a), all alterations,

improvements, additions and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Tenant), which may be made on the Premises, shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this paragraph, Tenant's machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of paragraph 9.2.

ARTICLE 11 – INDEMNIFICATION 11.1 – LANDLORD’S OBLIGATION Landlord shall indemnify, defend and hold harmless Tenant, its officers, partners, agents, and employees from and against any claims, damages, costs, expenses, or liabilities (collectively Claims") arising out of or in any way connected with this Lease including, without limitation, Claims for loss or damage to any property, or for death or injury to any person or persons, but only in proportion to and to the extent that such Claims arise from the negligent or wrongful acts or omissions of Landlord, its officers, agents, or employees. 11.2 – TENANT’S OBLIGATION Tenant shall indemnify, defend and hold harmless Landlord, its officers, agents, and employees from and against any Claims arising out of or in any way connected with this Lease including, without limitation, Claims for loss or damage to any property or for death or injury to any person or persons, but only in proportion to and to the extent that such Claims arise from the negligent or wrongful acts or omissions of Tenant, its officers, partners, agents, or employees. ARTICLE 12 – INSURANCE REQUIREMENTS 12.1 – LANDLORD’S INSURANCE Landlord, at its sole cost and expense, shall insure its activities in connection with this Lease and obtain, keep in force and maintain insurance as follows: a. General Liability Self-Insurance Program (contractual liability included) with minimum

limits as follows: 1. Each Occurrence $2 million 2. Products/Completed Operations Aggregate $2 million 3. Personal and Advertising Injury $2 million 4. General Aggregate $5 million b. Business Automobile Liability Self-Insurance Program for owned, non-owned, or hired

automobiles with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.

c. Property, Fire and Extended Coverage Self-Insurance Program in an amount equal to

one hundred percent (100%) of the full replacement value of the Building (excluding land

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and the footings, foundations and installations below the basement level) and the costs of demolition and debris removal.

d. Workers' Compensation as required by California law. The coverages referred to under a. and b. of this paragraph shall include Tenant as an additional insured. Such a provision shall apply only in proportion to and to the extent of the negligent acts or omissions of Landlord, its officers, agents and employees. Landlord, upon the execution of this Lease, shall furnish Tenant with certificates of insurance evidencing compliance with all requirements. Certificates shall provide for thirty (30) days advance written notice to Tenant of any material modification, change or cancellation of any of the above insurance coverages. The coverages required herein shall not limit the liability of Landlord. 12.2 – TENANT’S INSURANCE Tenant, at its sole cost and expense, shall insure its activities in connection with this Lease and obtain, keep in force and maintain insurance as follows: a. Commercial Form General Liability Insurance (contractual liability included) with minimum

limits as follows: .

1. Each Occurrence $2 million 2. Products/Completed Operations Aggregate $2 million 3. Personal and Advertising Injury $2 million 4. General Aggregate $5 million 5. Commercial Liquor Liability $1 million

If the above insurance is written on a claims-made form, it shall continue for three (3) years following termination of this Lease. The insurance shall have a retroactive date of placement prior to or coinciding with the Lease Commencement Date. b. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired

automobiles with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. (The above Business Automobile Liability Insurance must be included as a part of Tenant's Insurance requirements when automobile or other vehicles will be used by Tenant as part of its business (except for personal use such as commuting to and from work).

c. Property, Fire and Extended Coverage Insurance in an amount sufficient to reimburse

Tenant for all of its equipment, trade fixtures, inventory, fixtures and other personal property located on or in the Premises including leasehold improvements hereinafter constructed or installed.

d. Workers’ Compensation as required by California law. e. Such other insurance in such amounts which from time to time may be reasonably

required by the mutual consent of Tenant and Landlord against other insurable risks relating to performance.

The coverages referred to under a. and b. of this paragraph shall include Landlord as an additional insured. Such a provision shall apply only in proportion to and to the extent of the negligent acts or omissions of Tenant, its officers, partners, agents, and employees. Tenant, upon the execution of this Lease, shall furnish Landlord with certificates of insurance evidencing compliance with all requirements. Certificates shall provide for thirty (30) days (ten (10) days for non-payment of premium) advance written notice to Landlord of any material modification, change or cancellation of any of the above insurance coverages.

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The coverages required herein shall not limit the liability of Tenant. 12.3 – WAIVER OF SUBROGATION Notwithstanding the provisions of Article 12, Tenant hereby waives any right of recovery against the Landlord due to loss of or damage to the property of Tenant when such loss of or damage to property arises out of an act of God or any of the property perils included in the classification of fire or extended perils (“all risk” as such term is used in the insurance industry) whether or not such perils have been insured, self-insured or non-insured. 12.4 – EXEMPTION OF LANDLORD FROM LIABILITY Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors, as a result of any condition of the Premises or the Building, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause in or about the Premises, whether the said damage or injury results from conditions arising in the Premises or in other portions of the building of which the Premises are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the building in which the Premises are located. ARTICLE 13 – DAMAGE OR DESTRUCTION 13.1 – DEFINITIONS a. “Premises Partial Damage" shall herein mean damage or destruction, when and as

determined by Landlord, to the Premises to the extent that the cost of repair is less than 30% of the then replacement cost of the Premises. "Premises Building Partial Damage" shall herein mean damage or destruction to the building of which the Premises are a part to the extent that the cost of repair is less than 30% of the then replacement cost of such building as a whole.

b. “Premises Total Destruction" shall herein mean damage or destruction, when and as

determined by Landlord, to the Premises to the extent that the cost of repair is 30% or more of the then replacement cost of the Premises. "Premises Building Total Destruction" shall herein mean damage or destruction to the building of which the Premises are a part to the extent that the cost of repair is 30% or more of the then replacement cost of such building as a whole.

c. “Insured Loss" shall herein mean damage or destruction which was caused by an event

required to be covered by the insurance described in this paragraph. 13.2 – PARTIAL DAMAGE—INSURED LOSS Subject to the provisions of paragraphs 13.4, 13.5 and 13.6, if at any time during the term of this Lease there is damage which is an Insured Loss and which falls into the classification of Premises Partial Damage or Premises Building Partial Damage, then Landlord shall, at Landlord's expense, repair such damage, but not Tenant's fixtures, equipment or tenant improvements unless the same have become a part of the Premises pursuant to paragraph 10 hereof, as soon as reasonably possible, and this Lease shall continue in full force and effect. 13.3 – PARTIAL DAMAGE—UNINSURED LOSS

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Subject to the provisions of paragraphs 13.4, 13.5 and 13.6, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Partial Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Tenant (in which event Tenant Shall make the repairs at Tenant's expense), Landlord may at Landlord's option either (i) repair such damage as soon as reasonably possible at Landlord's expense in which event this Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damage of Landlord's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Landlord elects to give such notice of Landlord's intention to cancel and terminate this Lease, Tenant shall have the right within thirty (30) days after the receipt of such notice to give written notice to Landlord of Tenant's intention to repair such damage at Tenant's expense, without reimbursement from Landlord, in which event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within such thirty (30) day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage. 13.4 – TOTAL DESTRUCTION If at any time during the term of this Lease there is damage, whether or not an Insured Loss, (including destruction required by any authorized public authority), which falls into the classification of Premises Total Destruction or Premises Building Total Destruction, this Lease shall automatically terminate as of the date of such total destruction. 13.5 – DAMAGE NEAR END OF TERM a. If at any time during the last twelve (12) months of the term of this Lease there is

damage, whether or not an Insured Loss, which falls within the classification of Premises Partial Damage, Landlord or Tenant may cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to the other party of its election to do so within thirty (30) days after the date of occurrence of such damage.

b. Notwithstanding paragraph 13.5(a), in the event that Tenant has an option to extend or

renew this Lease, and the time within which said option may be exercised has not yet expired, Tenant shall exercise such option, if it is to be exercised at all, no later than thirty (30) days after the occurrence of an Insured Loss falling within the classification of Premises Partial Damage during the last six months of the term of this Lease. If Tenant duly exercises such option during said thirty (30) day period, Landlord shall at Landlord's expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Tenant fails to exercise such option during said thirty (30) day period, then Landlord may at Landlord's option terminate and cancel this Lease as of the expiration of said thirty (30) day period by giving written notice to Tenant of Landlord's election to do so within ten (10) days after the expiration of said thirty (30) day period, notwithstanding any term or provision in the grant of option to the contrary.

13.6 – ABATEMENT OF RENT; TENANT’S REMEDIES a. In the event of damage described in paragraphs 13.2 or 13.3, and Landlord or Tenant

repairs or restores the Premises pursuant to the provisions of this paragraph, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated for as long as and in proportion to which Tenant's use of the Premises is impaired. Except for abatement of rent, if any, Tenant shall have no claim against Landlord to any damage suffered by reason of any such damage, destruction, repair or restoration.

b. If Landlord shall be obligated to repair or restore the Premises under the provisions of

this paragraph and shall not commence such repair or restoration within ninety (90) days after such obligations shall accrue, Tenant may at Tenant's option cancel and terminate

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this Lease by giving Landlord written notice of Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice.

13.7 – TERMINATION—ADVANCE PAYMENTS Upon termination of this Lease pursuant to this paragraph, an equitable adjustment shall be made concerning advance rent and any advance payments made by Tenant to Landlord. Landlord shall, in addition, return to Tenant so much of Tenant's security deposit as has not theretofore been applied by Landlord. 13.8 – WAIVER Tenant waives the provisions of any statutes which relate to termination of leases when leased property is destroyed and agree that such event shall be governed by the terms of this Lease. ARTICLE 14 – TAXES 14.1 – PAYMENT OF TAXES Landlord specifically calls to Tenant's attention the fact that this Lease may create a possessory interest subject to property taxation, and Tenant may be subject to property tax levied on such interest. Tenant alone shall pay such tax. If the right is given to pay any of the taxes, assessments or other impositions which Tenant is herein obligated to pay either in one sum or in installments, Tenant may elect either mode of payment. 14.2 – PERSONAL PROPERTY TAXES Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or elsewhere. Tenant shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Landlord. ARTICLE 15 – INTENTIONALLY DELETED ARTICLE 16 – SERVICES, UTILITIES Services and utilities shall be furnished and the cost borne as outlined in Exhibit C. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges jointly metered with other premises. In the event of failure by Landlord to furnish, in a satisfactory manner, any of the services and utilities to the Premises for which Landlord is responsible, Tenant may furnish the same if Landlord has not undertaken to correct such failure within five (5) days after written notice, and, in addition to any other remedy Tenant may have, may deduct the amount thereof, including Tenant's service costs, from rent or other remuneration due Landlord hereunder. ARTICLE 17 – ASSIGNMENT AND SUBLETTING 17.1 – LANDLORD’S CONSENT REQUIRED Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises, without Landlord's prior written consent, which Landlord shall not unreasonably withhold, condition or delay. Landlord may consider proposed Transferee’s credit worthiness, experience, reputation and business plan as part of their consent. Landlord shall respond to Tenant's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of this Lease. Notwithstanding, Tenant shall have the right, without Landlord’s consent, to transfer its interest in this Lease, (a) to any parent, subsidiary or affiliated entity of Tenant; (b) to any company or entity which purchases all or substantially all of the assets of Tenant or Tenant’s

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parent company; or (c) in conjunction with any merger, consolidation, or offering of stock or ownership interests involving Tenant, its parent company, or affiliated entities. 17.2 – NO RELEASE OF TENANT Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation or alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Tenant or any successor of Tenant, in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability under this Lease. 17.3 – EXCESS OF CONSIDERATION If the value of the consideration to be received by Tenant for such assignment or sublease (after deducting leasing commissions, legal fees, rental paid during any period in which the Premises were vacant, the unamortized part of Tenant's contribution to tenant improvements, if any, and any other reasonable out-of-pocket expenses of Tenant incurred in connection with such subleasing or assignment of the Premises including without limitation any improvement allowances in connection with the transfer, any lease takeover payment paid to or for the benefit of the assignee, and any actual costs of advertising the Premises (or applicable portion thereof) and excluding any consideration attributable to goodwill) will exceed the sum of the Base Rent and the Additional Rent, or prorated portion thereof as the case may be, Tenant shall pay to Landlord, as additional base Rent, fifty percent (50%) of the excess of the consideration paid in connection with or pursuant to the assignment or sublease, over the sum of the Base Rent and the Additional Rent then due applicable to the assigned or subleased space. Tenant shall pay Landlord for Landlord’s share of any excess within thirty (30) days after Tenant’s receipt of such excess consideration and if in connection with a sublease, such payments shall be amortized over the term of the sublease. 17.4 – ADMINISTRATIVE FEES In the event Tenant shall assign or sublet the Premises or request the consent of Landlord to any assignment or subletting or if Tenant shall request the consent of Landlord for any act Tenant proposes to do, then Tenant shall pay landlord's reasonable administrative fees (including attorneys' fee) incurred in connection therewith, such fees not to exceed $1,500.00 for each such request. ARTICLE 18 – DEFAULTS, REMEDIES 18.1 – DEFAULT BY TENANT The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant: a. The vacating or abandonment of the Premises by Tenant. b. The failure by Tenant to make any payment of rent or any other payment required to be

made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Tenant. In the event that Landlord serves Tenant with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph.

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c. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in paragraph (b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion.

d. The making by Tenant of (i) any general arrangement or assignment for the benefit of

creditors; (ii) Tenant becomes a "debtor" as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within one hundred twenty (120) days); (iii) the appointment of a trustee or receiver to take p possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days. Provided, however, in the event that any provision of this paragraph is contrary to any applicable law, such provision shall be of no force or effect.

e. The discovery by Landlord that any financial statement given to Landlord by Tenant, any

assignee of Tenant, any subtenant of Tenant, any successor in interest of Tenant or any guarantor of Tenant's obligation hereunder, and any of them, was materially and intentionally false.

18.2 – REMEDIES In the event of any such material default or breach by Tenant, Landlord may at any time thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach; a. Terminate Tenant's right to possession of the Premises by any lawful means, in which

case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, and reasonable attorneys' fees; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided.

b. Maintain Tenant's right to possession in which case this Lease shall continue in effect

whether or not Tenant shall have abandoned the Premises. In such event Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.

c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial

decisions of the state wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Tenant under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law.

18.3 – DEFAULT BY LANDLORD Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein

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Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance then Landlord shall not be in default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. 18.4 – LATE CHARGES Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph 4 or any other provision of this Lease to the contrary. 18.5 – IMPOUNDS In the event that a late charge is payable hereunder, whether or not collected, for three (3) installments of rent or any other monetary obligation of Tenant under the terms of this Lease, Tenant shall pay to Landlord, if Landlord shall so request, in addition to any other payments required under this Lease, a monthly advance installment, payable at the same time as the monthly rent, as estimated by Landlord, for any expenses on the Premises which are payable by Tenant under the terms of this Lease. Such fund shall be established to insure payment when due, before delinquency, of any or all such obligations. If the amounts paid to Landlord by Tenant under the provisions of this paragraph are insufficient to discharge the obligations of Tenant to pay such expenses as the same become due, Tenant shall pay to Landlord, upon Landlord's demand, such additional sums necessary to pay such obligations. All the moneys paid to Landlord under this paragraph may be intermingled with other moneys of Landlord and shall not bear interest. In the event of a default in the obligations of Tenant to perform under this Lease, then any balance remaining from funds paid to Landlord under the provisions of this paragraph, at the option of Landlord, in lieu of being applied to the payment of such expenses, may be applied to the payment of any monetary default of Tenant. ARTICLE 19 – CONDEMNATION If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than 10% of the floor area of the building on the Premises, or more than 25% of the land area of the Premises which is not occupied by any building, is taken by condemnation, Tenant may, at Tenant's option, to be exercised in writing only within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the proportion that the floor area of the building taken bears to the total floor area of the building situated on the Premises. No reduction of rent shall occur if the only area taken is that which does not have a building located thereon. Any award for the taking of all

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or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any award for loss of or damage to Tenant's trade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Tenant has been reimbursed therefor by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. ARTICLE 20 – BROKER’S FEE Tenant represents and warrants to Landlord that it has not engaged any broker, finder or other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this lease and shall indemnify and hold harmless Landlord against any loss, cost, liability or expense incurred by Landlord as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Tenant. The provisions of this paragraph shall not apply to brokers with whom Landlord has an express written brokerage agreement. ARTICLE 21 – ESTOPPEL CERTIFICATE a. Tenant shall at any time upon not less than ten (10) business days' prior written notice

from Landlord execute, acknowledge and deliver to Landlord a statement written on Landlord's estoppel certificate form (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises.

b. Tenant's failure to deliver such statement within such time shall be conclusive upon

Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month's rent has been paid in advance, or such failure may be considered by Landlord as a default by Tenant under this Lease.

c. If Landlord desires to finance, refinance, or sell the Premises, or any part thereof, Tenant

hereby agrees to deliver to any lender or purchaser designated by Landlord such financial statements of Tenant as may be reasonably required by such lender or purchaser. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord and such lender or purchaser in confidence and shall be used only for the purposes herein set forth.

ARTICLE 22 – SEVERABILITY The invalidity of any provision of this Lease as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. ARTICLE 23 – INTEREST ON PAST-DUE OBLIGATIONS Except as expressly herein provided, any amount due to Landlord not paid when due shall bear interest at the maximum rate then allowable by law from the date due. Payment of such interest shall not excuse or cure any default by Tenant under this Lease, provided, however, that interest

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shall not be payable on late charges incurred by Tenant nor on any amounts upon which late charges are paid by Tenant. ARTICLE 24 – TIME OF ESSENCE Time is of the essence. ARTICLE 25 – ADDITIONAL RENT Any monetary obligations of Tenant to Landlord under the terms of this Lease shall be deemed to be rent. ARTICLE 26 – INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. Except as otherwise stated in this Lease, Tenant hereby acknowledges that neither the Landlord or any employees or agents of the Landlord have made any oral or written warranties or representations to Tenant relative to the condition or use by Tenant of said Premises and Tenant acknowledges that Tenant assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises and the compliance thereof with all applicable laws and regulations in effect during the terms of the Lease except as otherwise specifically stated in this Lease. ARTICLE 27 – WAIVERS No waiver by Landlord or any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of the same or any other provision. Landlord's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Landlord's consent to or approval of any subsequent act by Tenant. The acceptance of rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant of any provision hereof, other than the failure of Tenant to pay the particular rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. ARTICLE 28 – HOLDING OVER If Tenant, with Landlord's consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Tenant, with the exception of rent which shall be at 110% of the then current rent, but all options and rights of first refusal, if any, granted upon the terms of this Lease shall be deemed terminated and be of no further effect during said month to month tenancy. ARTICLE 29 – CUMULATIVE REMEDIES No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. ARTICLE 30 – COVENANTS AND CONDITIONS Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. ARTICLE 31 – BINDING EFFECT; CHOICE OF LAW

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Subject to any provisions hereof restricting assignment or subletting by Tenant and subject to the provisions of paragraph 21, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws of California. Venue for any action or claim hereunder shall be Alameda County. ARTICLE 32 – SUBORDINATION a. This Lease, at Landlord's option, shall be subordinate to any ground lease, mortgage,

deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground Landlord shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust, or ground lease, or the date of recording thereof.

b. Tenant agrees to execute any documents required to effectuate an attornment, a

subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) business days after written demand shall constitute a material default by Tenant hereunder, or, at Landlord's option, Landlord shall execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this paragraph.

ARTICLE 33 – ATTORNEYS’ FEES If either party brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to reasonable attorneys' fees and related litigation costs to be paid by the losing party as fixed by the court. ARTICLE 34 – LANDLORD’S ACCESS Landlord and Landlord's agents shall have the right to enter the Premises at reasonable times upon reasonable prior notice to Tenant for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or Tenants, and making such alterations, repairs, improvements or additions to the Premises or to the building of which they are a part as Landlord may deem necessary or desirable. Landlord shall endeavor not to interfere with Tenant’s business operations in connection with any such entry. Landlord may at any time place on or about the Premises any ordinary "For Sale" signs and Landlord may at any time during the last one hundred twenty (120) days of the term hereof place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability to Tenant. ARTICLE 35 – SIGNS Tenant shall not place any sign upon the Premises without Landlord's prior written consent. Landlord agrees that Tenant shall be entitled to install signage outside the front door and to install signage on Bancroft Way as reasonably agreed by the parties. ARTICLE 36 – MERGER

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The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, or a termination by Landlord, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies. ARTICLE 37 – QUIET POSSESSION Upon Tenant paying the rent for the Premises and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof subject to all of the provisions of this Lease. The individuals executing this Lease on behalf of Landlord represent and warrant to Tenant that they are fully authorized and legally capable of executing this Lease on behalf of Landlord and that such execution is binding upon all parties holding an ownership interest in the Premises. ARTICLE 38 – MULTIPLE TENANT BUILDING In the event that the Premises are part of a larger building or group of buildings then Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations, as designated in Exhibit E which Landlord may make from time to time for the management, safety, care, and cleanliness of the building and ground, the parking of vehicles and the preservation of good order therein as well as for the convenience of other occupants and tenants of the building. The violations of any such rules and regulations shall be deemed a material breach of this Lease by Tenant. ARTICLE 39 – SECURITY MEASURES Tenant hereby acknowledges that the rental payable to Landlord hereunder does not include the cost of guard service or other security measures, and that Landlord shall have no obligation whatsoever to provide same. Tenant assumes all responsibility for the protection of Tenant, its agents and invitees from acts of third parties. ARTICLE 40 – EASEMENTS Landlord reserves to itself the right, from time to time, to grant such easements, rights and dedications that Landlord deems necessary or desirable, and to cause the recordation of Parcel Maps and restrictions, so long as such easements, rights, dedications, Maps and restrictions do not unreasonably interfere with the use of the Premises by Tenant. Tenant shall sign any of the aforementioned documents upon request of Landlord and failure to do so shall constitute a material breach of this Lease. ARTICLE 41 – PERFORMANCE UNDER PROTEST If at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum of any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. ARTICLE 42 – AUTHORITY If Tenant is a corporation, trust, or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to

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execute and deliver this Lease on behalf of said entity. If Tenant is a corporation, trust or partnership, Tenant shall, within thirty (30) days after execution of this Lease, deliver to Landlord evidence of such authority satisfactory to Landlord. ARTICLE 43 – CONFLICT Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. ARTICLE 44 – EMISSIONS; STORAGE, USE AND DISPOSAL OF MATTER 44.1 – DEFINITIONS For purposes of this paragraph, the following terms shall be defined as set forth herein: a. The term "Hazardous Material" shall mean include, but shall not be limited to (i) any

material, substance or waste which is or hereafter shall be listed, regulated or defined by Applicable Law to be hazardous, acutely hazardous, extremely hazardous, radioactive toxic, or dangerous; (ii) asbestos or asbestos-containing materials; (iii) polychlorinated biphenyls (PCBs); (iv) radon gas; (v) laboratory wastes; (vi) experimental products, including genetically engineered microbes; (vii) petroleum, natural gas, or other petroleum product; and (viii) medical waste as defined in the Medical Waste Management Act, div. 20, chap. 6.1 of the California Health and Safety Code.

b. The term "Applicable Law" shall include federal, state and local statutes, regulations,

rules, ordinances, and all other governmental requirements. 44.2 – COMPLIANCE AND RESPONSE During the term of this Lease: a. Tenant shall comply with Applicable Law in all respects, including, but not limited to, (i)

acquisition of and compliance with all permits, licenses, orders, requirements, approvals, plans and authorizations which are or may become necessary for conduct of Tenant's operations on the Premises; (ii) compliance with all regulatory requirements relating to such operations or the substances and equipment used therein or the emissions, emanations and wastes generated thereby; and (iii) reporting, investigation, and remediation of, or other response to the exposure or potential exposure, of any person to, or the emission, discharge or other release of any Hazardous Material into the Premises or the environment.

b. Tenant shall promptly respond to and remedy (by removal and proper disposal or such

other methods as shall be reasonably required) to the satisfaction of applicable governmental agencies any release or discharge of any Hazardous Material connected with Tenant's operation or Tenant's presence on the Premises. All such action shall be done in Tenant's name, and at Tenant's sole cost and expense. For purposes of this paragraph (b), the term "respond" shall include, but not be limited to, the investigation of environmental conditions, the preparation of feasibility reports or remedial plans, and the performance of any cleanup, remediation, containment, maintenance, monitoring or restoration work. Any such actions shall be performed in a good, safe, workmanlike manner and shall minimize any impact on the businesses or operations conducted at the Premises. In its discretion, Landlord may, but shall not be required to, enter the Premises personally or through its agents, consultants or contractors and perform all or any part of the response activity or remedial action which it feels is reasonably necessary to comply with the terms of this Lease, and shall be reimbursed for its costs thereof and for any liabilities resulting therefrom.

25

c. Tenant will promptly notify Landlord of Tenant's receipt of any notice, request, demand, inquiry or order, whether oral or written, from any government agency or any other individual or entity relating in any way to the presence or possible presence of any Hazardous Material on, in, under or near the Premises or the Tenant's compliance with, or failure to comply with, Applicable Law. Receipt of such notice shall not be deemed to create any obligation on the part of Landlord to defend or otherwise respond to any such notification.

d. Promptly upon discovery thereof, Tenant will notify Landlord of the discovery of any

release, discharge, or emission of any Hazardous Material or of the existence of any other condition or occurrence which may constitute or pose a significant presence or potential hazard to human health and safety or to the environment, whether or not such event or discovery necessitates any report to any other person or government agency.

44.3 – OTHER EMISSIONS Tenant shall not: a. Permit any vehicle on the Premises to emit exhaust which is in violation of any Applicable

Law; b. Create, or permit to be created, any sound pressure level which will interfere with the

quiet enjoyment of any real property adjacent to the Premises, or which will create a nuisance or violate any Applicable Law;

c. Transmit, receive, or permit to be transmitted or received, any electromagnetic,

microwave or other radiation which is harmful or hazardous to any person or property in, on or about the Premises, or anywhere else, or which interferes with the operation of any electrical, electronic, telephonic or other equipment wherever located, whether on the Premises or anywhere else;

d. Create, or permit to be created, any ground or Building vibration that is discernible

outside the Premises; and e. Produce, or permit to be produced, any intense glare, light or heat except within an

enclosed or screened area and then only in such manner that the glare, light or heat shall not be discernible outside the Premises.

44.4 – INDEMNIFICATION Tenant shall pay for all costs associated with, and defend (with attorneys reasonably satisfactory to Landlord), indemnify and hold harmless Landlord from, claims, damages, expenses, encumbrances, fees, fines, penalties or costs (including, but not limited to, legal fees; the costs of notice to any other person; the costs of environmental or technical risk assessment; any cleanup or remedial costs; the costs of any monitoring, sampling or analysis; and any diminution in property value or losses due to non-rentability arising out of or in any way connected with the presence of any Hazardous Material on the Premises or Tenant's alleged violation of Applicable Law). This obligation shall not apply, if and to the extent that (a) such claims, damages, expenses, encumbrances, fees, fines, penalties, or costs arose solely out of conditions existing on the Premises prior to the commencement of Tenant's first possession of the Premises or conditions created on the Premises after Tenant has quit the Premises; and (b) Tenant did not violate any Applicable Law or act negligently with respect to, or otherwise contribute to, the condition or the hazard posed by the condition. 44.5 – SURVIVAL The duties set forth in this paragraph shall survive the termination of this Lease. 44.6 – DISPOSAL OF OTHER MATTER

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a. Refuse Disposal: Tenant shall not keep any trash, garbage, waste or other refuse on the

Premises except in sanitary containers and shall regularly and frequently remove and dispose of the same from the Premises. Tenant shall keep all incinerators, containers or other equipment used for storage or disposal of such matter in a clean and sanitary condition, and shall promptly dispose of all other waste. Tenant shall reimburse Landlord for a reasonable share of Landlord’s costs for garbage, recycling and compost removal as indicated on Exhibit C.

b. Sewage Disposal: Tenant shall properly dispose of all sanitary sewage and shall not use

the sewage disposal system (i) for the disposal of anything except sanitary sewage, or (ii) in excess of the lesser of the amount allowed by the sewage treatment works, or permitted by any governmental entity. Tenant shall keep the sewage disposal system free of all obstructions and in good operating condition.

ARTICLE 45 – NO RIGHT TO RECEIVE RELOCATION BENEFITS Landlord is a public entity. Landlord may, at the expiration of the Lease Term or extension thereof, decide to utilize the Premises for its own purposes inconsistent with continued occupancy by Tenant. In the event that Landlord decides to use the Premises for its own purposes upon the expiration of the Lease Term or extensions thereof, Landlord may decide not to negotiate with Tenant for Tenant's continued occupancy of the Premises. Nothing in this Lease creates any implied or express expectation that Landlord will re-lease the Premises to Tenant at the expiration of the Lease term, or that Landlord will offer any extensions of the Lease Term to Tenant, except as expressly provided in this Lease. ARTICLE 46 – FAIR WAGE/FAIR WORK Fair Wage/Fair Work: Tenant agrees to abide by University of California’s Fair Wage/Fair Work policy and to pay the UC Fair Wage to all employees for labor performed at the Premises and for labor performed on other UC Berkeley campus property (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of10/1/17). Audits: Tenant agrees Landlord may conduct such UC Fair Wage/Fair Work interim compliance audits as Landlord reasonably requests, as determined in Landlord's sole discretion. For any calendar year of the Term in which the total rent exceeds $100,000 annually, Tenant will, a) at Tenant’s initial expense, provide an annual independent audit performed by Supplier’s independent auditor or independent internal audit department in compliance with UC’s required audit standards and procedures (http://insidepublicaccounting.com/newsletters/ipa-100-and-ipa-200/), concerning Tenant’s compliance with this provision, and b) ensure that in the case of a UC interim audit, its auditor makes available to Landlord its UC Fair Wage/Fair Work work papers for most recently audited time period. To the extent that Tenant's reasonable costs of obtaining audits required by this provision in any calendar year exceeds $1,000, Tenant shall be entitled to reimbursement from Landlord of the reasonable cost of obtaining such audit within 90 days of delivery to Landlord from Tenant to Landlord the documentation of the reasonable cost expended by Tenants to obtain such audit, which cost may be reimbursed in the form of a rent credit at Landlord's election. Certification: Tenant agrees to provide UC with a UC Fair Wage/Fair Work certification annually, in a form acceptable to UC, no later than ninety days after each one year anniversary of the agreement’s effective date, for the twelve months immediately preceding the anniversary date. ARTICLE 47 – ADDENDUM

http://insidepublicaccounting.com/newsletters/ipa-100-and-ipa-200/

http://insidepublicaccounting.com/newsletters/ipa-100-and-ipa-200/

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Attached hereto is an addendum or addenda which constitute a part of this Lease. The parties hereto have executed this Lease at the place on the dates specified immediately adjacent to their respective signatures. LANDLORD: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Address: Real Estate Development & Portfolio A&E Building Berkeley, CA 94720-1382

By:

Its: Officer TENANT: _________________________________________ Address: __________________________________ __________________________________

By:

Its: ___________________________

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Exhibit A DESCRIPTION OF PREMISES

See Attached

(Floor Plan with Dimensions)

(Site Map)

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Exhibit B CONFIRMATION OF LEASE TERM

This Confirmation of Lease Term is entered into as of between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“Landlord”) and _________________________________________ (“Tenant”). WHEREAS, Landlord and Tenant entered into that certain Lease dated for the Premises located at Haas School of Business, North Academic Building, 2nd Floor, Berkeley, California (the “Lease”). NOW, THEREFORE, in consideration of the mutual covenants herein, the parties hereto agree as follows:

1. Lease Term: Landlord and Tenant agree that the Lease Term as defined in the Lease commences on ________________________ (Lease Commencement Date) and ends on ______________________ (Lease Termination Date).

2. Lease Rent: Landlord and Tenant agree that the Base Rent as defined in the Lease

commences on ___________________________________ (Rent Commencement Date), subject to the provisions of Article 3.7 of the Lease.

The parties have caused this Confirmation of Lease Term to be executed as of the date first set forth above. TENANT: By: Title: __________________________ Date: LANDLORD: By: Title: Date:

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Exhibit C SUMMARY OF SERVICES AND UTILITIES

The following is a summary of service and utility responsibilities of Landlord and Tenant:

N O T

A P P L I C A B L E

L A N D L O R D

T E N A N T

F R E Q U E N C Y

Paper Supplies, dispensers and waste containers (premises) X Light bulbs & fluorescent light tubes and starters (premises – interior) X Ballasts and transformers for fluorescent lights, light switches and electrical outlets (interior)

X

Light bulbs & fluorescent light tubes and starters (exterior)** X Ballasts and transformers for fluorescent lights, light switches and electrical outlets (exterior)

X

Janitorial service for interior of premises (dust, waste removal, vacuum, mop, cleaning) X Janitorial service for exterior of premises and common areas* X X Carpet, tile and linoleum (interior) X Gas** X Electric** X Water** X Window washing – interior X Window washing – exterior X Landscaping and gardening X Drapes, blinds, window shades X Kitchen appliances X Refuse, rubbish & garbage disposal* X X Grease disposal X Pest control (interior) X Pest control (exterior) X Other: EH&S Fees for Food Sanitation and Fire and Life Safety Inspections X

* Tenant shall be responsible for keeping the patio area clean during its hours of operation. Tenant and Landlord shall mutually agree upon procedures for garbage collection and clean-up of patio area on weekends. **Tenant shall pay all utilities at the “campus rate”.

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Exhibit D SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES

The following is a summary of repairs and maintenance responsibilities of Landlord and Tenant:

Landlord

Tenant

Not Applicable

Foundations X Exterior % Bearing Walls X Roof X Electrical Systems* – Premises X Lighting Systems* – Premises X Plumbing Systems* – Premises X Heating Systems* – Premises X Ventilation Systems* – Premises X Air Conditioning Systems* – Premises X Alarm Systems X Plate Glass X Windows & Window Frames X Gutters, Drains, Downspouts X Elevators X Floor Slabs X Common Areas X Ceilings X Interior Walls X Interior Doors X Interior Surfaces & Windows X Appliances & Fixtures X Repainting of Interior Walls (every 5 years) X Base and/or moldings X Parking Lot Area X Hood X Other:

*Landlord is responsible for maintaining and repairing all electrical, lighting, plumbing, heating, ventilation and air conditioning systems up to the interior surfaces of exterior walls of the Premises, unless caused by Tenant.

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Exhibit E LANDLORD’S RULES AND REGULATIONS

1. FOOD AND BEVERAGE SERVICE Tenant’s food service shall be a sit-down, take-out, café operation offering a variety

of breakfast, lunch and dinner items. Tenant shall not use any cooking (heat producing) equipment that has not been approved by the campus fire marshal and shall not use any equipment that has not been approved by the environmental health specialist as per Health and Safety Code. Preparation of food items shall be done in accordance with all health and safety regulations governing such activity. Tenant shall obtain all applicable health and safety permits for operation of café prior to the opening of food service. Landlord may conduct health and safety inspections as reasonably necessary.

Tenant agrees to abide by the Campus Pepsi Beverage contract. Tenant agrees to abide by any Campus Coffee/Tea/Hot Beverage partnership

agreement the campus may enter into.

2. FOOD MENU, MERCHANDISE, AND SPECIFICATIONS All foods are to be used prior to any expiration of date code or recommended shelf

life. Food items shall meet the most stringent regulations imposed by any public health department or agency, manufacturer, or producer.

Specific disposal requirements shall be adhered to in order to ensure correct taste

and quality of food. Nutritional information as well as ingredients on all food items shall be available upon request to Landlord in a timely manner.

Items listed on Tenant's menu shall be served unless unusual circumstances prevent

it, in which case the substitution shall be indicated on all posted menus. Menus shall accurately describe items offered.

Violations of California Health & Safety Code, Division 22, Chapter 4, 27500

et.seq. will be corrected immediately, at Tenant’s sole cost, within five (5) working days of Notice of Violations, without obtaining written permission from Landlord.Tenant's initial draft menu is hereby incorporated and attached to this Lease as Exhibit F, which may be revised at Tenant’s discretion.

3. QUARTERLY MEETINGS BETWEEN TENANT AND LANDLORD

Tenant agrees to meet quarterly, or more often if needed to resolve a specific issue, at mutually agreed upon dates and times, with Landlord’s appointed representatives to review and resolve issues and suggestions surrounding the cafe, including the following:

changes in menu, pricing and cafe hours written and verbal complaints and suggestions by cafe customers;

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activities by cafe personnel, agents, invitees and guests which may jeopardize the safety of the Building, Premises and/or cafe personnel or property; emission of noise or odors which materially affect the operation of the Premises, Building or cafe.

4. SITE VISITATION Landlord has the right to have designated representatives review, inspect, and

evaluate the operation and condition of the food service operation at any time with respect to the quality of products sold, methods of service, prices, hours of service, and generally with respect to safety, sanitation, and maintenance of facilities and equipment, all of which shall be maintained at levels showing no excessive wear and tear. Equipment shall be maintained by Tenant in good operating condition.

5. HOURS OF OPERATION AND DELIVERIES Tenant shall provide food service, at a minimum, Monday through Friday from

__AM to __PM, and Saturdays from ___AM to ____PM, and specific Sundays when programs are scheduled, excluding only those days which the Building is closed. Landlord agrees to provide Tenant with a list of closed days and hours upon commencement of the Lease, and annually thereafter. Minimum hours shall not be changed without prior written approval by Landlord, such approval shall not be unreasonably denied. Tenant agrees to use its best efforts to have all food deliveries to the Premises occur before 8AM to minimize disruption to the Building’s operations.

6. ZERO WASTE, RECYCLING AND GREEN CERTIFICATION

Tenant shall ensure full use, training, and participation with the compost and recycling services provided by University for all areas under the control of Tenant, including, but not limited to, all food service, dining areas, kitchen, food preparation, and catering areas. University shall measure the usage of landfill, compost, and recycling services throughout all locations operated by Tenant in accordance with diversion reports and develop tenant action plans agreed upon between Tenant and Campus Recycling and Refuse Services in order to meet the campus zero waste goals by 2020.

Tenant shall provide and utilize reusable diningware, mugs, cups, and utensils. Otherwise, Tenant may use recyclable items as determined by the University and paper or bpi certified compostable cups, utensils (recommend use of World Centric), plates, and liner bags throughout all locations operated by Tenant, for any use for which the provision of such items is under the control of Tenant.

Tenant shall be responsible to promote, market, train, provide signage, and educate their staff, patrons, and campus community with respect to recycling, composting and the campus zero waste by 2020 goals in all areas under the control of the Tenant.

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Tenant shall provide incentive programs, such as contests and other events, to educate and encourage patrons and campus community with respect to recycling, composting, and zero waste practices.

To the extent that the following items are under the control of Tenant, Tenant shall donate and keep records of all leftover food concession items and catering to local food banks or charities.

Tenant shall be Green Business Certified with Alameda County (http://www.greenbusinessca.org/)

Tenant will comply with Landlord’s sustainable food policies, which may include increasing sustainable food purchases to at least 25% by 2020 and reporting annually on progress toward that goal to the Office of Sustainability. Details of the goal can be found at http://sustainability.berkeley.edu/os/pages/projects/docs/cal_sustainable_foodservices_wg_final.pdf. Tenant will source its fresh produce from the local area – within 250 miles. This area encompasses an area east to Sacramento, north to Chico, and south to Fresno and San Luis County. At times when Tenant’s produce is not available due to weather conditions, tenant may purchase outside this area. Tenant will review and adopt the Requirements of the WELL Building Standard to the extent agreed to by both parties. For additional information about the WELL Building Standard, visit https://www.wellcertified.com/standard. 7. POINT OF SALE EQUIPMENT Tenant shall install a cash register or point of sale equipment consistent with and

compatible to brand name equipment and performance specifications to be approved by Landlord.

8. INSTALLATION AND START-UP COSTS A final inspection of the new facility prior to opening will be conducted by

Environment, Health and Safety (EH&S) and if the facility is approved, a "Permit to Operate" shall be granted to Tenant. The cost of this “Permit to Operate” is included in EH&S Inspections in Exhibit C.

9. Sidewalks, doorways, vestibules, halls, stairways, and similar areas shall not be

obstructed by Tenant or used for any purpose other than ingress and egress to and from the leased Premises and for going from one to another part of the Building.

10. Plumbing fixtures and appliances shall be used only for purposes for which

constructed, and no sweepings, rubbish, rags, or other unsuitable material shall be thrown or placed therein. Damage resulting to any such fixtures or appliances from misuse by Tenant shall be paid by Tenant, and Landlord shall not in any case be responsible therefor.

http://www.greenbusinessca.org/

http://sustainability.berkeley.edu/os/pages/projects/docs/cal_sustainable_foodservices_wg_final.pdf

http://sustainability.berkeley.edu/os/pages/projects/docs/cal_sustainable_foodservices_wg_final.pdf

35

11. No signs, advertisements or notices shall be painted or affixed on or to any windows or doors, or other part of the Building, except of such color, size, and style and in such places as shall be first approved in writing by Landlord. The name "University of California" or any abbreviation thereof shall not be used in any advertisement, except to indicate the location of the cafe.

12. Directories will be placed by Landlord, at its own expense, in conspicuous places in

the Building. No other directories shall be permitted unless previously consented to by Landlord in writing.

13. Tenant shall not do, or permit anything to be done in or about the Building, or bring

or keep anything therein, that will in any way increase the rate of fire or other insurance on the Building, or on property kept therein, or obstruct or interfere with the rights of, or otherwise injure or annoy, other Tenants or individuals, or do anything in conflict with the valid pertinent laws, rules, or regulations of any governmental authority. Tenant shall observe all applicable labor laws and policies.

14. Landlord shall have the power to prescribe the weight and position of iron safes or

other heavy equipment, which shall in all cases, to distribute weight, stand on plank strips at least two inches thick. Any damage to the Building caused by installation or removal of Tenant's property, or done by Tenant's property while in the Building, shall be repaired at the expense of Tenant.

15. Tenant shall notify the Building Manager when safes or other heavy equipment are

to be taken in or out of the Building, and the moving shall be done under the supervision of the Building Manager, after written permit from Landlord. Persons employed to move such property shall be approved by Landlord.

16. Corridor doors, when not in use, shall be kept closed. 17. No furniture, packages, or bulky material of any kind will be received in the

Building or carried up or down the stairs or in the elevators, except in the manner and at the times specified by Landlord.

18. Tenant shall be responsible for keeping the Premises neat and clean, and will

cooperate with Landlord's employees in keeping the areas surrounding the Premises neat and clean.

19. Should Tenant require telegraphic, telephonic, annunciator or other communications

service, Landlord will direct the electricians as to where and how wires are to be introduced and placed, and none shall be introduced or placed except as Landlord shall direct. Electric current shall not be used for power or heating without Landlord's prior written permission. Tenant shall pay for all installations and maintenance of this equipment.

20. Landlord shall, at reasonable hours, have the right to enter the Premises leased to

Tenant, to examine same or to make such alterations and repairs as may be deemed necessary, or to exhibit the same to prospective Tenants.

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21. Tenant shall not make or permit any improper noises in the Building, or otherwise interfere in any way with other individuals or Tenants, or persons having business with them.

22. Nothing shall be swept or thrown into the corridors, halls, elevator shafts, or

stairways. No birds or animals shall be brought into or kept in or about the Building. 23. No machinery of any kind shall be operated on the leased Premises without the prior

written consent of Landlord, nor shall Tenant use or keep in the Building any inflammable or explosive fluid or substance.

24. Landlord reserves the right to rescind any of these rules and make such other and

further rules and regulations as in its judgment shall from time to time be needed for the safety, protection, care, and cleanliness of the Building, the operation thereof, the preservation of good order therein, and the protection and comfort of its Tenants, their agents, employees, and invitees.

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EXHIBIT F

DRAFT Menu

See attached

38

EXHIBIT G

TENANT'S REMOVABLE EQUIPMENT Tenant shall be required to supply and maintain the following equipment:

Equipment List to be Attached when Available AVAILABL At termination of Lease, Tenant may remove said equipment.

39

EXHIBIT H

PERCENTAGE RENT SCHEDULE

Percentage Rent shall be an amount equal to _____ Percent (__%) of Annual Gross Sales.

40

EXHIBIT I

CATERING RULES

1. All Tenant's personnel, including guests, employees, agents and invitees, during catering events, shall be subject to these catering rules.

2. Tenant and its agents, employees, guests, and invitees must follow the directives of

Haas School of Business personnel and agents regarding security of the North Academic Building during and after all events.

3. Tenant and its agents, employees, guests and invitees may not take any action to cause

harm to any Haas School of Business exhibits or property. This includes refraining from touching, bumping, breaking or otherwise disturbing such items.

4. All catered events must be cleared through _____________________________ or

his/her delegate.

5. Catered event set-up and dismantling shall not disrupt normal Haas School of Buinsess operations.

6. In the event a catered event is on a day when special events are to be held in the North

Academic Building, event set-up can begin and/or guests be allowed to enter only after regularly scheduled closing time.

7. No catering or other equipment, decorations, special furniture or fixtures, or other

materials may remain in the public areas of the North Academic Building following a catered event.

8. In the event a group is renting its own equipment (i.e. tables, chairs, etc.), Tenant shall

provide Landlord with a list of equipment and delivery/pick-up schedules, such schedules to be submitted in advance of approval.

9. The Haas School of Buiness does not guarantee parking space(s) for those involved with

a catered event. The loading dock at the North Academic Building shall be used for loading and unloading, but shall be kept clear for emergencies.

10. Any additional lighting to be used beyond what is provided in the North Academic

Building must be approved by the Haas Building Manager or his/her delegate.

11. All food preparation or music shall be subject to the electrical load capacity of the building, and such capacity shall be determined by Haas Building Manager for each individual event.

12. Catering set-ups shall be approved by Landlord.

13. Caterer's materials shall not be stacked within ten (10) feet of any work of art.

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14. No smoking is permitted on the UC Campus.

FOR SALE OF ALCOHOLIC BEVERAGES The following procedures are to be observed whenever alcoholic beverages are served on the Premises at events when Tenant is caterer:

1. State law prohibits the unlicensed sale of alcoholic beverages unless a valid liquor license or University permit has been obtained. Alcoholic beverages shall not be sold either directly or indirectly by some mechanism such as the exchange of tickets which have been purchased or by the use of funds derived from admission charges, dues, donations, or other payments collected in connection with admission to an event.

2. Tenant shall be responsible for monitoring the sale and consumption of alcoholic

beverages only to adults of legal drinking age (21 years of age or older).

3. Tenant shall be responsible for adhering to all laws and regulations pertaining to the sale of alcoholic beverages on the Premises, as well as the terms and conditions of University's alcohol permit in the absence of a liquor license.

4. Tenant shall provide Landlord's police department with a copy of the appropriate

liquor license, and shall display a copy of such license in a prominent location on the Premises.

5. Alcoholic beverages shall not be sold at family oriented events. Determination of

the sale of alcohol shall be at the sole discretion of Landlord. Further, Tenant or Tenant's designee shall be present for all events and shall be responsible for maintaining proper decorum.

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ADDENDUM 1 - PARKING PROVISIONS

TO LEASE AGREEMENT BY AND BETWEEN

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND

TENANT Not Used.

43

ADDENDUM 2 - RENT FOR EXTENDED TERM(S) TO LEASE AGREEMENT

BY AND BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

AND TENANT

Not used.

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ADDENDUM 3 - RENT ADJUSTMENTS TO LEASE AGREEMENT

BY AND BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

AND TENANT

The Base Monthly Rent payable by Tenant shall be as follows: For the term of the lease, the base monthly rent shall be ___________________________ Dollars ($_____________).

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ADDENDUM 4 - WORK AGREEMENT

TO LEASE AGREEMENT BY AND BETWEEN

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND

TENANT Note: It is expected that the Tenant will not need to make any tenant improvements to the space, but if that is not the case, we will use the work agreement language below. THIS WORK AGREEMENT, dated , is by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation ("Landlord"), and __________________________________________ ("Tenant"). 1. Definitions. The terms used in this Work Agreement shall have the meanings as defined

in the Lease dated by and between Landlord and Tenant (the "Lease").

2. Tenant Improvements. Tenant shall construct all Tenant Improvements in accordance

with the Plans and Specifications and the conditions of any applicable governmental approval. Tenant improvements must satisfy the State Building Code and Federal Americans with Disabilities Act.

3. Construction Plans, Landlord Review, Estimated Costs, Changes and Delay

a. Tenant, for Landlord's approval, which approval shall not be unreasonably withheld, shall provide the complete and detailed proposed Plans and Specifications for the Premises the design of which shall conform to Tenant's approved program for use of the Premises as summarized in the attached Exhibit A. Tenant shall submit the proposed Plans and Specifications to Landlord on or before ___________________________.

b. Landlord shall provide Tenant with written notice of its approval or disapproval of

the Plans and Specifications within ten (10) business days after receipt of such Plans and Specifications from Tenant. If Landlord disapproves the Plans and Specifications, Landlord shall notify Tenant thereof within the ten (10) business day period of any matters as to which the Plans and Specifications fail to conform to Landlord's construction requirements or otherwise fail to meet with Landlord's reasonable approval.

c. Construction shall commence in accordance with paragraph 7.4 of the Lease. It

is the practice of Landlord to require payment of prevailing wage rates pursuant to any construction contract to improve space to be leased. Tenant shall comply with provisions of law governing public works including, without limitation, Labor Code sections 1773, 1773.2, 1773.3, 1773.8, 1775 (payment of prevailing wages), 1776 (payroll records), and 1777.5 (employment of apprentices).

d. During construction, Landlord and Tenant's Representative (as defined below) shall confer periodically regarding the progress of the Work. Landlord's Representative may request changes, modifications or alterations to the Plans and Specifications by written change order delivered to Tenant, but no such change shall be made without the approval of Tenant, which approval shall not be unreasonably withheld. Tenant shall approve or deny each Landlord change order within two (2) business days, by written notice to Landlord's designated representative, Brian Main, or such other person substituted for Brian Main ("Landlord's Representative").

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e. If Landlord requests that Tenant clarify or refine the Plans and Specifications,

then Tenant's Representative shall meet with Landlord for the purpose of clarifying or refining the Plans and Specifications within two (2) business days after Tenant's receipt of Landlord's request therefor. No such clarification or refinement shall be deemed to be a change order.

f. If Landlord determines that the Plans and Specifications must be changed as a

result of omissions or errors in the Plans and Specifications, then Tenant shall, at Tenant's cost, prepare and submit to Landlord revised Plans and Specifications correcting any such omission or error. Landlord shall approve or disapprove such revised Plans and Specifications within two (2) business days after receipt and shall not unreasonably withhold its approval.

Landlord shall not be responsible for any delays in the time for completion of construction.

4. Approval of Plans by Public Authorities. Tenant shall obtain approval of the Plans and

Specifications for the Premises from all appropriate government agencies, and a copy of the Plans and Specifications, as approved, shall be dated and initialed by both Landlord and Tenant. Tenant shall exercise due diligence in obtaining any such approval.

5. Quality of Work. All Work performed hereunder shall be done in a good and workmanlike

manner, free from faults and defects and in accordance with the Plans and Specifications. All materials and equipment installed in the Tenant Improvements shall be new unless otherwise specified in the Plans and Specifications.

6. Landlord's Access During Construction. Landlord at all times shall have access to the

Premises during the construction of the Tenant Improvements. Tenant shall provide to Landlord, at the earliest practicable time but in no event later than twenty-one (21) days prior to the date of Substantial Completion, Tenant's best estimate of the date of Substantial Completion.

7. Notices. All notices required or permitted hereunder shall be in writing and shall be

delivered as follows: (a) If to Tenant, to: ________________________ ________________________ ________________________ ________________________ With a copy to: ________________________ ________________________ ________________________ ________________________ (b) If to Landlord, to: Real Estate Development & Portfolio Attention: Helen Levay A&E Building, Room 205 Berkeley, CA 94720-1382

with a copy to: Construction and Design Attention: Brian Main 1936 University Avenue, 2nd Floor Berkeley, CA 94704-7027

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8. Notice of Non-Responsibility. Landlord may post such notices of non-responsibility as it

reasonably deems appropriate in the Premises during the construction provided for herein.

9. Responsibility for Damage. If Tenant installs equipment in the Premises prior to

completion of the Work hereunder, Tenant shall bear the risk of loss to such equipment other than as a result of negligence or willful misconduct by Landlord, its agent or contractors.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LANDLORD: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: Its: __________________________ TENANT: _______________________________________________ By: _____________________________ Its: ___________________________

Cafe Operator - RFP Information

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