24-07 Office Lease Bid.pdf

Willingboro

Municipal Utilities

Authority

COUNTY OF

BURLINGTON

STATE OF NEW JERSEY

Chair - Patricia Lindsay-Harvey

Vice Chair

Kevin McIntosh

Commissioners

Carl Turner

Diallyo Diggs

James Boyer

Alternates

William Weston, 1st Alt.

Kimbrali Davis, 2nd Alt.

Executive Director

James Mackie

BID # 24-07

WILLINGBORO MUNICIPAL UTILITIES AUTHORITY

OFFICE SPACE LEASE BID

Due

July 30, 2024 at 11:30am

LEGAL NOTICE

Notice is hereby given by the Willingboro Municipal Utilities Authority that an invitation to bid in accord with N.J.S.A. 40A:11-

1 et. Seq., will be received by the Authority on July 30, 2024 at 11:30am prevailing time conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on BIDNET at www.bidnetdirect.com//wmua

BID 24-07 WILLINGBORO MUNICIPAL UTILITIES AUTHORITY

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded onto the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by the Willingboro Municipal Utilities

Authority will not be accepted, regardless of the method of delivery.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and N.J.A.C. 17:27 et. Seq., For information on attending the publicly broadcast opening contact the Purchasing Agent at scanning@TheCanningGroup.org.

This procurement has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A. 19:44A-20.5).

James Mackie June 12, 2024

Executive Director http://www.bidnetdirect.com/wmua mailto:scanning@TheCanningGroup.org

ADMINISTRATIVE DOCUMENTS

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials

When Due if not submitted with Bid

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond (Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in

“General Conditions” Required from the Awarded Contractor Upon

Acceptance of Project

Upon

Acceptance of

Project

Acknowledgement of Receipt of Addenda (To be Completed if

Addenda are Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub Contractors Prior to Contract

Award

X Non-Collusion Affidavit With Bid

Submission

X Experience and Background Questionnaire With Bid

Submission

X Insurance and Indemnification Certificate Prior to Contract

Award

X Disclosure of Investment Activities in Russia Form Prior to Contract

Award

X Disclosure of Investment Activities in Iran Form Prior to Contract

Award

Federal debarment Form Prior to Contract

Award

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or Certificate of Employee Information Report

After Notice of

Signing Contract

X Bidder’s Checklist With Bid

Submission x Fair Inclusion Questionnaire With Bid

Submission

X W9 Form

After Notice of

Signing Contract

X Pay to play advisory

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name: Date:

Authorized

Representative:

Signature:

Print Name &

Title:

ALL RESPONSES AND QUESTIONS ARE TO BE CONDUCTED ON THE AUTHORITY’S E-PROCUREMENT SITE

AT

BIDNET at www.bidnetdirect.com//wmua

NO PHYSICAL OR EMAILED PROPOSAL RESPONSES SHALL BE ACCEPTED

1.0 PURPOSE AND SCOPE

a. The Willingboro Municipal Utilities Authority (WMUA or Authority) is seeking to lease office space for its daily operational purposes.

b. The Authority is seeking a lease response per square feet in two (2) options,

i. two (2) year and five (5) year proposals.

c. Approximately net usable square feet required is between + 1,500 and 2,500 Square Feet.

i. NOTE: Net usable space is a term meaning the area to be leased for occupancy by Authority personnel and/or equipment.

d. Ground level preferred. If on an upper floor, an elevator is required and must have capacity for electric wheelchairs. Location services persons with visual, hearing and mobility impairments.

Entrance into the building and suite must be easily accessible.

e. All offers shall be submitted in such a manner that the annual per square foot rental rate for each type of space offered, i. e. office, warehouse, and special purpose, can be properly identified. If the offer is anything other than gross rent, for example if it is triple net (NNN), estimates must be provided for all pass through costs as of the commencement date. For any costs that are under the control of the landlord, the billable rate mu be provided with any annual increases during the term of the lease.

f. Location must be move in ready with the exception of painting walls and replacing floors which be done by the WMUA . The space must include at least 3 offices with full height walls and doors.

g. Post bid receipt a representative of the Authority shall be allowed access under the “right of perfect tender” to make a judgement on the move in ready status of a proposed bid location.

h. LOCATION: the Township of Willingboro Municipal boundaries only.

2.0 ARRANGEMENT OF SPACE

a. If new construction is proposed by proposer, general specifications, including elevations upon request, should be submitted.

b. Other: Adequate and convenient toilet facilities are to be provided including tissue holders, towel dispensers, coat hooks, mirrors, and trash cans.

c. At least one of the toilet facilities shall be handicapped accessible and shall be in compliance with the Americans with Disabilities Act and the Municipal, County and State Building Codes.

d. Bidder shall provide a layout of the space with their bid proposal indicating adequate office space for the WMUA operations. Adequate office space includes at least 3 private offices and four workstations.

http://www.bidnetdirect.com/wmua

e. Must be compliant with the Americans with Disabilities Act

3.0 THE DATE OF POSSESSION AND LEASE TERM:

a. Possession of space required by October 1, 2024 or as soon before or thereafter as possible.

b. The initial term of the lease will be for:

i. Option 1 – two (2) year

ii. Option 2 – five (5) years

4.0 ELECTRICAL, TELEPHONE, MAIN SERVICE OUTLETS

a. A minimum of 20 120 Volt duplex electrical outlets are required. Unless otherwise approved by the Authority:

i. All private offices shall have a minimum of three (3) duplex receptacles.

ii. Electrical service shall support a minimum of two (2) duplex receptacles per partial height modular workstation or per person in an open office environment. Service shall be provided by lessor via overhead or under floor distribution system utilizing power poles or other suitable facilities to accommodate the electrical needs of the agency. All connections to the building electrical service shall be by the Lessor.

iii. Each Kitchenette or Break Area shall be provided with sufficient electrical circuitry to accommodate a refrigerator, microwave oven, coffee maker. Separate circuits are required for this area.

iv. (1) Duplex receptacle shall be provided for every 50 linear feet of corridor.

v. (2) Dedicated 20-amp 110-volt circuit (quad outlet) with isolated grounds are required in the LAN location. Outlets to be installed 36” from the floor. If more than one LAN location, the requirements above are required for each LAN location.

vi. (2) Dedicated (L5-30P) 30-amp 125-volt circuit with isolated grounds are required in the LAN location. Outlets to be installed 36” from the floor. If more than one LAN location, the requirements above are required for each LAN location.

vii. (6) dedicated 110-volt electrical circuits with isolated grounds are required.

viii. Outlets to be installed no lower than 18 inches (18”) from the floor.

b. A minimum of 10 telecommunication outlet boxes is required.

i. Lessor shall provide all conduit and pull strings from above ceiling to outlet boxes. The

Authority to install wiring and cover plates.

c. A 4’ x 8’ x ¾ thick sheet of fire-retardant plywood shall be installed on a wall in the telecommunications wiring area to serve as a backboard for telecommunications wiring equipment. The backboard must be grounded to the same grounding electrode as the building electrical system.

i. A copper grounding bar to be installed with connected exterior grounding wire being routed inside via conduit, when applicable.

d. Lessor shall grant consent to install security and card access systems by the Lessee, which may include interior and exterior cameras (collectively the “Security Equipment”).

e. The nature and location of the installation of all interior Security Equipment shall be determined by the Authority in its sole discretion.

f. Upon expiration or earlier termination of the lease, The Authority shall be entitled to remove the

Security Equipment at its election, without restoration obligation; or abandon such Security Equipment in place, in which case Lessor shall assume ownership of such Security Equipment; and may reuse or remove Security Equipment at its sole discretion.

g. The building must be able to accommodate access to the highest level of data speed as allowable by the location. The infrastructure/line (including conduits) must be brought into the building by

Lessor and terminated at the demarcation point in the LAN location, at Lessor’s sole cost. The

Authority will be responsible for cables and connections from the demarcation point within the LAN room. Lessor is also responsible for bringing the telephone connection into the building and connecting to the internal equipment.

h. Adequate telephone, computer conduits and data are required to accommodate interconnecting computers throughout the space.

5.0 PARKING

a. 0 Clientele parking spaces shall be included in the per square foot rental charge.

b. 10 Employee parking spaces are desired if supplied at no extra charge to the Authority.

i. 2_designated as handicapped accessible parking spaces with 1 van accessible space.

c. 1 Parking space with adequate vehicular circulation for the Authority-owned vehicles shall be included in the per square foot rental charge.

d. All parking areas shall be adequately lit and located within a reasonable distance of the office as determined by the Authority. Availability of the above shall be within a safe, convenient distance to the office for wheelchair and foot traffic. Handicapped parking and signage shall be in compliance with Building Code and the Americans with Disabilities Act. A paved parking area is preferred.

e. Electric Vehicle recharging stations preferred on-site.

6.0 FLOOR, WALL AND WINDOW COVERINGS

a. Vinyl tile or other floor covering acceptable to the Authority in all finished areas.

b. Prefer carpeting for all offices and conference rooms.

c. If the floors are carpeted, they should be commercial grade 26 oz. or 24 oz carpet squares preferred, acceptable to the lessee.

d. LVT tiles are preferred in the waiting area, LAN location, kitchenette, restrooms, and hallways. LAN location should be anti-static.

e. New or like-new carpet is preferred. If not new, carpets must be professionally cleaned, and all stains removed before occupancy. High traffic areas will require frequent cleaning and replacement of floor finishes to maintain a neat, clean, high-quality finish and will be at the Authority Property Office’s discretion.

f. Wall surfaces shall be painted sheetrock, or masonry or other similar finish acceptable to the Authority. Wall covering/wainscoting in corridors preferred to prevent scuffing recommended.

g. Sufficient window coverings shall be provided to control glare within the space. (Venetian blinds or acceptable equivalent).

h. Space shall have acceptable ceiling acoustical treatment for noise reduction purposes.

i. Space shall have acceptable soundproofing for manager’s offices. Soundproofing includes walls, ceilings and doors.

7.0 HEATING, AIR-CONDITIONING AND VENTILATION

a. Heating and air conditioning facilities shall be sufficient to maintain inside temperature in the range from a low 68° during the heating season to the high of 76° at all other times, with balanced distribution. The Authority policy to dictate utilization. Typical agency hours of operation are 6 am

– 6 pm, Monday through Friday; however, occasional holiday and weekend operations are required.

b. Air conditioning and heating system shall be maintained by lessor including frequent filter cleaning and replacement, to maintain a relative humidity not to exceed 50%.

c. Year-round ventilation shall be provided to prevent stale air problems and unacceptable CO2 content.

d. A climate-controlled telecommunications area is required to house computer network equipment and telephone wiring equipment. A range of 65 degrees to a maximum of 72 degrees and a relative humidity not to exceed 50% dry bulb humidity is required. This is a 24-hour per day, 7 day per week requirement. A separate HVAC system may be required to maintain this temperature range.

e. Zoning of HVAC system and related control shall be balanced appropriately for division and function of spaces within the facility.

f. A separate thermostat in conference and/or training room(s) may be required.

8.0 LIGHTING

a. Adequate lighting facilities are required in all areas. In office facilities, lighting requirements are no less than 60-foot candles at desk level. In warehouse facilities, lighting requirements are no less than 40 foot candles at eye level. The Authority policy to dictate utilization.

b. All lighting and electrical maintenance shall be furnished by lessor including providing and replacing ballasts, light tubes, bulbs, lenses, and fixture covers. Lessor shall replace burned-out or defective bulbs promptly upon notification by lessee.

c. Lessor should keep lighting fixtures free and clear of insects and water.

9.0 UTILITIES, JANITORIAL SERVICES AND ELEVATORS

a. It is preferred that all utilities, except telephone, be furnished and included in the per square foot cost to the satisfaction of the WMUA..

b. Alternate proposals which do not include utilities will be considered. (There must be an acceptable method of determining the Authority's share of costs)

c. The WMUA shall provide interior janitorial services.

d. Maintenance of building and grounds including lawn, shrubbery, sidewalks, parking areas (including snow, ice and debris removal) and common areas is required.

e. Elevator service, if applicable.

10.0 SPECIAL REQUIREMENTS

a. Fire extinguishers and servicing, pest control, and adequate outside trash disposal including provision for the handling of recyclable items such as aluminum cans, cardboard, plastic and paper, if applicable. These responsibilities include providing adequate dumpsters outside and recycling bins as well as a method for the disposal of the recyclable items. These must be emptied on a regular schedule.

b. All pesticides must be applied by a licensed technician.

c. Lighted exit signs.

d. Safety alarm equipment usable by hearing and visually impaired individuals (smoke and/or heat activated strobe for hearing impaired and horn for visually impaired). Alarm and smoke detectors to be wired in. Auxiliary lighting with battery back-up is required.

e. The panel for these alarm systems should not be located within the LAN location. It is also preferred that the telephone equipment is located outside of the LAN location. However, if non-LAN equipment is co-located with LAN equipment, then all LAN

f. All LAN/telecommunications and computer server locations shall be located in secured office area and in interior spaces with no windows.

g. A separate LAN room is required/preferred for new construction.

h. Fire extinguishers and servicing as well as illuminated exit signage shall be provided in accordance to code.

i. External road and building signage that will provide easy identification of the office by the general public (per local code).

j. Kitchenette is preferred. If provided, the kitchenette will have hot and cold running water, sink, and 2 linear feet of base and top cabinets. No counter shall be over thirty-four (34”) inches high or have over twenty-four (24”) inches reach. Single handle lever control faucets for all sinks are preferred and required if new. Pipping shrouds are required under sinks if pipes are exposed.

k. A sink is required with bottom cabinets.

l. Storage rooms must be secured. If it does not contain shelves, the WMUA may install shelves that can be left in place at the end of occupancy.

m. The number of keys to be provided to the Authority for each lockset shall be reasonably determined by the Authority prior to occupancy, at no cost to the Authority.

n. It is understood that the WMUA will install locking hardware on all storage rooms, file rooms and LAN rooms.

o. Lever style door hardware is preferred but required if new construction.

p. All exit doors shall open out and entrance door shall be ramped per code for handicapped accessibility.

q. A minimum of two restrooms within the demised space is preferred. At least one must be handicap accessible. Prefer that a privacy indicator “vacant/occupied” in door handle or deadbolt.

r. A front door chime and visual alert signal is required.

s. All exit doors, other than front entrance, to have panic push bars with no restrictive devices such as a keyed dead bolt.

t. An awning, overhead or covered entryway is required at the main entrance doors and preferred on all

11.0 MAINTENANCE STANDARDS

a. Grounds

b. Grass height not to exceed 5 inches.

c. Shrubbery to be trimmed seasonally but not to exceed 2 feet.

d. Grass not to extend over pavement more than 2 inches.

e. Weed control and fertilization required to maintain an acceptable appearance.

f. Debris removal as necessary.

12.0 PARKING LOTS

a. All surfaces to be maintained to avoid ruts and unevenness making travel safe for vehicular and pedestrian traffic.

b. Paved parking lots preferred. If paved, parking spaces must be clearly marked.

13.0 RECURRING MAINTENANCE

a. Exterior painted surfaces should be kept in acceptable condition to provide a professional looking appearance and repainted at least every 5 years.

b. Existing Pavement should be kept in acceptable condition to provide safe operational appearance

(cracks and potholes repaired no later than 60 days after reporting).

c. Mechanical systems to be kept to manufacturer standards for preventative maintenance.

14.0 REPAIR RESPONSE

a. Repairs to systems that prevent operation of the office (HVAC, electrical, plumbing, lighting) are required as soon as possible.

b. Repairs to safety and health issues are required as soon as possible.

c. Repairs to cosmetic issues that affect the professional appearance of the office are required within 10 days.

d. The most critical issue to the Authority during the term of the lease deals with the Lessor’s response time to problems and repair issues and the completeness and adequacy of the repairs. If a Lessor does not complete repair/maintenance work in a timely manner and cannot demonstrate good faith efforts to complete said work, then the Authority may use this performance record to decline to enter into leasing

BID 24-07

WILLINGBORO MUNICIPAL UTILITIES AUTHORITY

ITEM # TERM PRICE PER SQ FT GROSS OR

NNN

NNN Billable October, BASE BID 1 2 YEAR(S) $

BASE BID 2 5 YEAR(S) $

If NNN rent, list the expenses that will be passed through to the lessee. Provide a good falth estimate of the amount projected for the month of October, 2024.

Company Name Federal ID # or Social Security #

Address

Signature of Authorized Agent Type or Print Name

Telephone Number Date

Fax Number E-mail address

OFFICE LEASE AGREEMENT

This OFFICE LEASE AGREEMENT ("Lease"), dated as of the _____ day of _________, 202__ (the "Effective Date") by and between [LANDLORD NAME], a[n] [STATE OF ORGANIZATION] [ENTITY TYPE], [qualified to do business in the State of New Jersey] having its principal office at [LANDLORD ADDRESS] ("Landlord") and [WILLINGBORO MUNICIPAL UTILITIES AUTHORITY], a New Jersey municipal entity having an address at [TENANT ADDRESS] ("Tenant"). Landlord and Tenant are also sometimes referred to herein collectively as the "Parties" or individually as a "Party."

In consideration of the rents, covenants, and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged and agreed, Landlord and Tenant covenant, warrant, and agree as follows:

1. Definitions

1.1 Defined Terms. For purposes of this Lease, the following terms shall have the following meanings. Capitalized terms not defined in this Section 1.1 shall have the meaning provided elsewhere in this Lease.

"Additional Rent" means all sums other than Base Rent payable by Tenant to Landlord under this Lease, including, Late Fees, interest, and any and all other amounts due under this Lease, including any and all other sums that may become due by reason of any default of Tenant or failure to timely comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant.

"Affiliate" means for any entity, any parent, subsidiary or affiliate corporation which Controls, is Controlled by or is under common Control with such entity. For purposes of this definition, "Control" means the possession of the power to direct or cause the direction of the management and policy of an entity, whether through the ownership of voting securities, by statute, or by contract.

“Base Year” shall mean [_____]

"Broker" means [BROKER NAME].

"Building" means the building [known as [BUILDING NAME] and] having the street address of [STREET ADDRESS], [CITY], New Jersey. Landlord and Tenant hereby agree that the Building contains [NUMBER IN WORDS] ([NUMBER]) square feet of rentable area based on Landlord's current standards of measurement.

"Building Systems" means the structural portions of the Building, the roof, the foundation, elevators, the HVAC Systems (as hereafter defined), mechanical, electrical, plumbing, security, and fire and life safety systems and equipment, including the fire alarm and fire sprinklers.

"Business Days" means all days, excluding the following days: Saturdays, Sundays, and all days observed as legal holidays by the State of New Jersey, and the Federal Government.

"Business Hours" means, on each Business Day, the hours from [TIME] a.m. to [TIME] p.m. Eastern Time.

"Common Areas" means the entrances, lobby, accessways, hallways, lavatories, stairways, elevator banks, and other Building areas and the driveways, parking areas, and landscaped areas on the Property that are designated for the nonexclusive common use of all tenants of the Building and their invitees.

“Default Rate” means an annual rate equal to the lesser of: (a) eight percent (8%); or (b) the maximum rate permitted by applicable law. Interest will accrue from the date that the unpaid Rent sums were payable under this Lease until actually paid by Tenant.

"Force Majeure Event" means any of the following events: (a) acts of God; (b) hurricanes, northeasters, floods, fires, earthquakes, explosions, or other natural disasters; (c) war, invasions, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest; (d) proclamations, orders, laws, actions, or requests made or enacted by governmental authorities; (e) embargoes or blockades in effect on or after the date of this Lease; (f) epidemics, pandemics, or other national or regional public health emergencies; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) shortages of supplies, adequate power; and (i) other similar events beyond the reasonable control of the Parties.

"Ground Lease" means any current or future ground lease or underlying lease affecting all or any portion of the Property, including all modifications, renewals, supplements, consolidations, and replacements thereof.

"Hazardous Materials" means any chemical, compound, material, substance, or other matter that: (a) is defined as a hazardous substance, hazardous material, or waste, or toxic substance under any Hazardous Materials Law; (b) is regulated, controlled, or governed by any Hazardous Materials Law or other laws; (c) is petroleum or a petroleum product; or (d) is asbestos, formaldehyde, radioactive material, drug, bacteria, virus, or other injurious or potentially injurious material (by itself or in combination with other materials).

"Hazardous Materials Law" shall mean and include any and all present and future federal, state, or local laws, ordinances, rules, decrees, orders, regulations, or court decisions relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Premises, the Building, or the Property, or soil and ground water conditions, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials Transportation Act, the Clean Air Act, the Clean Water Act, the New Jersey Spill Compensation and Control Act, the New Jersey Industrial Site Recovery Act, the New Jersey Site Remediation Reform Act, the New Jersey Brownfield and Contaminated Site Remediation Act, the New Jersey Environmental Rights Act, the New Jersey Air Pollution Control Act, the New Jersey Water Pollution Control Act, and any other law or legal requirement concerning hazardous or toxic substances, and any amendments to the foregoing.

"HVAC" means heating, ventilation and air-conditioning.

"HVAC Systems" means the HVAC systems of the Building.

"Landlord Party" means Landlord's direct or indirect partners, officers, shareholders, directors, members, trustees, beneficiaries, servants, employees, principals, contractors, licensees, agents, invitees, or representatives.

"Landlord's Address for Notices" means [LANDLORD ADDRESS], Attention: [TITLE], with a copy to [LANDLORD COUNSEL ADDRESS], attention [LANDLORD COUNSEL NAME], or at such other address as Landlord or its counsel shall designate by written notice to Tenant sent pursuant to Section 22 hereof.

"Landlord's Address for Rent Payments" means [PAYMENT ADDRESS].

"Mortgage" means any current or future mortgage, deed of trust, or other security instrument in any amount for which all or any portion of the Property or Landlord's interest or estate in the Property is specified as security, including all modifications, renewals, supplements, consolidations, and replacements thereof.

"Mortgagee" means any mortgagee or beneficiary under any current or future Mortgage affecting the Property.

"Outside Delivery Date" is defined in Section 3.3.

“Overtime HVAC Charge” means an hourly charge of [$_____], payable by Tenant for the use of HVAC at any times other than Business Hours.

"Permitted Use" means general office and administrative use related to Tenant’s operating as a municipal utilities authority, and for no other purpose whatsoever.

"Premises" means Suite [NUMBERS], located on the [NUMBERS IN WORDS] ([NUMBERS]) floor[s] of the Building, as more particularly shown on the floor plan attached hereto as Exhibit [LETTER]. Landlord and Tenant hereby agree that the Premises contains [NUMBER IN WORDS] ([NUMBER]) square feet of rentable area based on Landlord's current standards of measurement.

"Property" means the real property on which the Building is located together with the Building and all appurtenant fixtures and personal property of Landlord used in the operation of the Building and/or the Property, and any other improvements now existing or hereafter constructed thereon[, including the parking lot, walkways, and landscaped ground as depicted on the site plan attached hereto as Exhibit [LETTER]].

"Punch List" is defined in the Work Letter.

"Rent" means, collectively, Base Rent and Additional Rent.

"Tenant Parties" means Tenant, any Affiliate of Tenant, any permitted assignee subtenant or occupant of the Premises, and each of their respective direct or indirect partners, officers, shareholders, directors, members, trustees, beneficiaries, servants, employees, principals, contractors, licensees, agents, invitees, or representatives.

"Tenant's Address for Notices" means [TENANT ADDRESS], Attention: [TITLE], with a copy to [TENANT COUNSEL ADDRESS], Attention: [TENANT COUNSEL NAME], or at such other address as Tenant or its counsel shall designate by written notice to Landlord sent pursuant to Section 22 hereof.

1.2 Interpretation.

(a) This Lease shall be construed without regard to any presumption or other rule requiring construction against the drafting Party.

(b) The captions, headings, and titles in this Lease are solely for convenience of reference and shall not affect the interpretation of the provisions under such caption, heading, or title.

(c) Words of any gender used in this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires.

(d) As used in this Lease: (i) "and/or" when applied to one or more matters or things applies to any one or more, or all such matters or things as the circumstances warrant; (ii) "including" means "including, without limitation"; (iii) "person" means any natural person or persons, a partnership, a corporation, and any other form of business or legal association or entity; and

(iv) "this Lease," "herein," "hereof," and "hereunder," and words of similar import, refer to this Lease as a whole, and not to any particular section, unless expressly so stated.

(e) All terms and provisions of each exhibit or schedule to this Lease are incorporated into and made a part of this Lease to the same extent as if they were included in the body of this Lease.

2. Lease of the Premises

2.1 Demise. Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord the Premises for the Term, upon and subject to the terms, covenants, representations, warranties, provisions and conditions of this Lease.

2.2 Common Areas. Tenant shall have the nonexclusive right to use the Common Areas of the Building. Except as may be otherwise provided expressly in this Lease, Tenant shall not have the right to use the roof, electrical closets, janitorial closets, mechanical rooms, or any other non-common or nonpublic area of the Building and the Property.

3. Term

3.1 Term. This Lease shall be effective and binding on Landlord and Tenant on the Effective Date. The term of this Lease shall be [NUMBER IN WORDS] ([NUMBER]) years, commencing on the Lease Commencement Date and ending on the Lease Expiration Date ("Term").

3.2 Lease Commencement. The "Lease Commencement Date" shall be the earlier of: (a) the date Landlord delivers the

Premises to Tenant in accordance with Section 5; or (b) the date Tenant conducts any business in the Premises or any part thereof (it being understood that the mere performance by Tenant of any work, moving into the Premises and the installation of furniture and equipment in the Premises shall not be deemed to be the conduct of business by Tenant).

3.3 Delivery of the Premises. Landlord shall use commercially reasonable efforts (subject to a Force Majeure Event) to deliver the Premises to Tenant on or before [OCTOBER 1, 2024] (the "Target Delivery Date"), provided that if Landlord does not deliver the Premises on or before such Target Delivery Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable, except as provided herein. If Landlord does not deliver the Premises to Tenant by the date that is [thirty (30)] days after the Target Delivery Date (the "Outside Delivery Date"), then Landlord shall provide Tenant with a credit equal to one day's Base Rent for each full or partial day after the Outside Delivery Date that Landlord fails to deliver the Premises to Tenant. If Landlord does not deliver the Premises within [thirty (30)] days of Outside Delivery Date, Tenant shall have the right to terminate this Lease by written notice to Landlord. If Tenant terminates the Lease in accordance with this Section 3.3, then: (a) the Security Deposit (if any), and any prepaid Rent, shall be returned to Tenant; and (b) neither Landlord nor Tenant shall have any further rights, duties, or obligations under this Lease, except as otherwise expressly provided in this Lease].

3.4 Lease Expiration. Subject to Tenant's option to extend the Term as set forth in Section 3.5, the "Lease Expiration

Date" means the last day of the month in which the [ORDINAL NUMBER IN WORDS] ([ORDINAL NUMBER]) anniversary of the Lease Commencement Date occurs, or such earlier date on which the Term shall sooner end pursuant to any of the terms, covenants, or conditions of this Lease or pursuant to law.

4. Rent

4.1 Base Rent. Tenant shall pay to Landlord a fixed rent ("Base Rent") at the rate of:

ANNUAL BASE RENT MONTHLY BASE RENT

4.2 Additional Rent. In addition to Base Rent, Tenant shall pay to Landlord all other items of Additional Rent as shall become due and payable by Tenant to Landlord hereunder.

4.3 Rent Payments. Base Rent shall be payable commencing on the Lease Commencement Date and thereafter in equal monthly installments in advance on the first day of each and every calendar month during the term of this Lease. Tenant covenants and agrees to pay Base Rent promptly when due without notice or demand therefor and, with respect to other Additional Rent items, following notice thereof pursuant to the terms of this Lease. All items of Rent shall be paid without any abatement, deduction, or setoff for any reason whatsoever, except as otherwise specifically provided in this Lease. Tenant covenants and agrees to pay Rent in lawful money of the United States, to Landlord at Landlord's Address for Rent Payments. Tenant's covenant to pay Rent is independent of every other covenant in this Lease.

4.4 Prorated Rent. Concurrently with Tenant's execution of this Lease, Tenant shall pay to Landlord an amount equal to one (1) monthly installment of Base Rent payable under this Lease for the first full calendar month of the Term. If the Lease Commencement Date is a day other than the first day of a month, then all monthly installments of Base Rent shall be prorated on a per diem basis based on the actual numbers of days in such partial month.

4.5 Late Fee. Any Rent payable by Tenant to Landlord under this Lease that is not paid within five (5) business days after

Tenant’s receipt of written notice of the outstanding payment will be subject to a late payment charge equal to five percent (5%) of the delinquent amount (such greater amount, the "Late Fee"). Tenant acknowledges that the Late Fee represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payments by Tenant. Neither assessment nor acceptance of a Late Fee by Landlord shall 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 available to Landlord.

5. Preparation for Occupancy

5.1 Initial Build-Out. Landlord shall prepare the Premises for Tenant's occupancy in accordance with the work letter attached hereto as Exhibit [_____] (the "Work Letter"). [NOTE: SCOPE OF WORK TO BE PROVIDED PER LEASE BID.] Landlord shall deliver the Premises pursuant to Section 3 with all Landlord Work having been Substantially Completed (as those terms are defined in the Work Letter). Tenant agrees that Landlord shall have access to the Premises after delivery to complete any Punch List items not completed by the Lease Commencement Date.

5.2 As-Is. Tenant agrees that Tenant is familiar with the condition of both the Premises and the Building, and, except as otherwise expressly and specifically set forth in the Work Letter, Tenant hereby accepts the Premises in its "AS-IS, WHERE-IS" condition. Tenant acknowledges that neither Landlord, nor any representative of Landlord, has made any representation as to the condition of the Premises or its suitability for Tenant's intended use other than as expressly set forth herein. Tenant acknowledges and agrees that Tenant has made its own inspection of the Premises and except as otherwise expressly and specifically described in the Work Letter, Landlord has no obligation to make any repairs, replacements, or improvements (whether structural or otherwise) of any kind or nature in connection with preparing the Premises for Tenant's occupancy. The foregoing acknowledgments and agreement shall not reduce Landlord's maintenance, repair, and service obligations as set forth in this Lease.

5.3 Security Equipment. Landlord hereby consents to the installation of security and card access systems by the Tenant, which may include interior and exterior cameras (collectively the “Security Equipment”). The nature and location of the installation of all interior Security Equipment shall be determined by the Tenant in its sole discretion. Upon expiration or earlier termination of the Lease, Tenant shall be entitled to remove the Security Equipment at its election, without restoration obligation; or in the alternative, Tenant may elect to abandon such Security Equipment in place, in which case Landlord shall assume ownership of the Security Equipment; and may reuse or remove Security Equipment at Landlord’s sole discretion.

6. Use of Premises; Compliance with Laws; Hazardous Materials

6.1 Use. The Premises shall be used only for the Permitted Use and for no other purpose.

6.2 Legal and Other Restrictions of Tenant's Use. Use of the Premises is subject to all covenants, conditions, and restrictions of record. Tenant shall not use or occupy the Premises: (a) for any unlawful purpose; (b) in any way that will violate the certificate of occupancy for the Premises or the Building; (c) in a way that will constitute waste, nuisance, or unreasonable annoyance to Landlord or any other tenant or user of the Building; or (d) in a way that may increase the cost of, or invalidate, any policy of insurance carried on the Building.

6.3 Compliance with Laws. Tenant, at Tenant's sole cost and expense, shall comply with (and shall cause all Tenant

Parties to comply with) all Laws applicable to the Premises or the use or occupancy of the Premises, including any obligation to make Alterations in the Premises required as a condition of Tenant's occupancy. "Laws" means all present and future laws (including the Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities Act Amendments Act of 2008, and the regulations promulgated thereunder), ordinances (including zoning ordinances and land use requirements), rules, and regulations of governmental and quasi-governmental authorities. If any such Laws require an occupancy or use permit or license for the Premises or the operation of the business conducted therein (including a certificate of occupancy or nonresidential use permit), then Tenant shall obtain and keep current such permit or license at Tenant's sole cost and expense and shall promptly deliver a copy thereof to Landlord.

Nothing in this Section 6.3, however, shall permit Tenant to make, without Landlord's prior written approval, any Alterations to the Premises which otherwise would require Landlord's approval under this Lease, and Tenant shall comply with all requirements of this Lease in making any such Alterations.

6.4 Rules and Regulations. Tenant shall comply, and shall cause all Tenant Parties to comply, with the building rules and regulations attached to this Lease as Exhibit [____] (the "Rules and Regulations"). Landlord may at any time adopt new Rules and Regulations or modify or eliminate existing Rules and Regulations as Landlord shall deem necessary or appropriate. In the event of any conflict or inconsistency between the provisions of this Lease and any of the Rules and Regulations, the provisions of this Lease shall control.

6.5 Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored, or disposed of in or about the Premises, the Building, or the Property. Tenant, however, may use and store reasonable quantities of cleaning and office supplies and other similar materials as may be reasonably necessary for Tenant to conduct normal business operations in the Premises. From and after the Effective Date, Tenant shall indemnify and hold the Landlord Parties, harmless from and against any damage, injury, loss, liability, charge, demand, or claim based on or arising out of the presence or removal of, or failure to remove, Hazardous Materials generated, used, released, stored, or disposed of by Tenant or any Tenant Party in or about the Premises, the Building, or the Property. In no event shall Tenant be liable for Hazardous Material generated, used, released, stored, or disposed of by Landlord or any Landlord Party, or any other tenant or invitee of the Property.

6.6 ISRA Compliance. Tenant agrees to comply with all Hazardous Materials Laws, including but not limited to the Industrial Site Recovery Act (N.J.S.A. 13:1k-6 et seq.), as same may be amended ("ISRA"). Tenant shall not conduct any operations that shall be deemed an "industrial establishment" as defined in ISRA. Tenant also agrees to execute such documents Landlord reasonably deems necessary and to make such applications as Landlord reasonably requires to assure compliance with ISRA. Tenant shall bear all costs and expenses incurred by Landlord associated with any required ISRA compliance resulting from Tenant’s use of the Premises, the Property, or the Building including but not limited to state agency fees, engineering fees, clean-up costs, filing fees, and suretyship expenses. As used in this Lease, ISRA compliance shall include a negative declaration or a de minimis quantity exemption by the appropriate governmental authority. The foregoing undertaking shall survive the termination or sooner expiration of the Lease and surrender of the Premises and shall also survive sale, lease, or assignment of the Premises, the Property, or the Building by Landlord.

Tenant shall immediately provide Landlord with copies of all correspondence, reports, notices, orders, findings, declarations, and other materials pertinent to Tenant’s compliance and the New Jersey Department of Environmental Protection’s requirements under ISRA as they are issued or received by Tenant.

7. Building and Equipment; Maintenance and Repairs.

7.1 Landlord's Maintenance and Repair Obligations. Throughout the Term, Landlord at its expense, shall keep the

Building, the Common Areas, the Building Systems, and the Property in good condition and repair.

7.2 Tenant's Maintenance and Repair Obligations. Throughout the Term, Tenant, at Tenant's expense, shall repair, replace, and maintain in good condition all portions of the Premises, including entries, doors, ceilings, glass partitions, and interior walls. Any repairs or maintenance shall be completed with materials of similar quality to the original materials.

7.3 Building Services and Utilities. Subject to Landlord's reasonable maintenance and security requirements, Force Majeure, and applicable Laws, Landlord shall supply the following services and utilities to the Premises:

(a) Landlord shall provide passenger elevator service to the Premises at all times during Business Hours and at least one passenger elevator shall be subject to call at all other times.

(b) Landlord shall provide reasonable HVAC service during Business Hours.

(c) Landlord shall provide cleaning and janitorial services, including removal of rubbish and furnishing washroom supplies in accordance with the specifications set forth on Exhibit [___]. Tenant shall be responsible for any janitorial services to be performed within the Premises.

(d) Landlord shall furnish hot and cold, running, potable water and sewer service in quantities reasonably adequate for Tenant's core lavatory, cleaning, drinking, and standard office pantry purposes.

(e) Landlord shall provide electrical service for lighting and operating computers, facsimile machines, scanners, and other normal desktop office business equipment and shall provide, install, and replace all necessary light bulbs, ballasts, and tubes.

[INSERT SPECIFICATIONS PER LEASE BID.]

(f) Landlord shall permit Tenant and Tenant's employees access to the Premises and the parking areas twenty-four (24) hours per day, seven (7) days per week. Landlord shall provide security for the Building twenty-four (24) hours a day, seven

(7) days per week, including the screening of all employees, guests, and visitors before being admitted access to the Building.

7.4 Overtime Charges. In the event Tenant requires HVAC service to the Premises during non-Business Hours, Tenant shall provide at least twelve (12) hours prior notice to Landlord of Tenant’s non-Business Hours HVAC requirement. Landlord shall provide HVAC for such hours requested by Tenant, and Tenant shall reimburse Landlord within thirty (30) days after Landlord's written invoice/statement for Overtime HVAC Charge.

8. Alterations

8.1 Tenant Alterations. Except as permitted in Section 8.2, Tenant shall not make or allow to be made any alterations, additions, or improvements in or to the Premises (collectively, "Alterations") without the prior written consent of Landlord, which consent may be granted or denied in Landlord's [sole/reasonable] discretion.

8.2 Minor Alterations. Notwithstanding Section 8.1, Tenant may make Minor Alterations to the Premises without

Landlord's prior consent. "Minor Alterations" means decorative and other minor Alterations that: (a) do not affect the Building Systems or change the configuration of the Premises by removing or erecting interior walls; and (b) cost no more than $50,000.00 in any one instance, and, in the aggregate, do not exceed $100,000.00 in any calendar year.

8.3 Performance by Tenant. Tenant agrees that all Alterations shall be performed and completed: (a) at Tenant's sole cost and expense; (b) in accordance with plans and specifications provided to Landlord prior to the commencement of such work (and approved by Landlord if Landlord's approval is required); and (c) in a good and workmanlike manner by contractors approved in advance by Landlord. The performance and completion of any such Alteration shall not impair the structural integrity of the Building or adversely affect the Building or any Building tenants. Tenant shall not permit any liens to attach to any part of the Premises, the Building, or the Property arising out of the Alteration. Tenant shall obtain, at its sole expense, all permits required for such Alterations. Throughout the performance of Alterations, Tenant, at its expense, shall carry insurance required by Section 9.1(d).

8.4 Ownership of Alterations. Unless Landlord elects otherwise, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord on the Lease Expiration Date. Notwithstanding the foregoing, all movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without harm to the Premises will remain Tenant's property (collectively, "Tenant-Owned Property") and shall not become the property of Landlord. Landlord may, by written notice given together with Landlord's written approval for proposed Alterations identify Alterations that Tenant shall be required to remove upon the expiration or earlier termination of this Lease. On or before the Lease Expiration Date, Tenant shall remove all Tenant-Owned Property and any Alterations that Tenant is required to remove and Tenant shall repair at its sole cost and expense all damage caused to the Premises or the Building by such removal. Tenant's obligations under this Section 8.4 shall survive the expiration or earlier termination of this Lease.

9. Insurance

9.1 Tenant Insurance. At all times during the term of this Lease, Tenant, at Tenant's expense, shall maintain at its sole cost and expense, the following insurance policies in accordance with this Section 9:

(a) "All-risk" or "special perils" property insurance covering physical loss or damage insuring the full replacement value of all present and future Alterations, leasehold improvements, and all items of Tenant-Owned Property to a limit of not less than the full replacement value thereof.

(b) Commercial general liability insurance in respect of the Premises and the conduct or operation of business therein with a minimum combined single limit of liability of [NUMBER IN WORDS] Dollars ($[NUMBER]). Such liability insurance shall include products and completed operations liability insurance, fire, and legal liability insurance, and such other coverage as Landlord may reasonably require from time to time.

(c) Workers' compensation insurance providing statutory limits as required by the jurisdiction in which the Building is located, and employer's liability insurance with a minimum limit of [NUMBER IN WORDS] Dollars ($[NUMBER]) covering all of Tenant's employees.

(d) At all times when Alterations are in progress, Tenant, at its expense, shall maintain, or cause to be maintained, all-risk property and/or Builders Risk insurance and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations.

9.2 Policy Requirements.

(a) Tenant's insurance shall be issued by companies authorized to do business in the State of New Jersey and rated in Best’s Insurance Guide as having a "Best’s Rating" of "A-" or better and a "Financial Size Category" of at least “VII" or better.

Tenant shall have the…