36C24822L0009 Port Charlotte Lease- EXHIBIT A .docx

LEASE NO. 36C24822L0009

Global Lease

TEMPLATE L100 (10/2021)

INSTRUCTIONS TO LEASING SPECIALIST: delete red text below (instructions to offerors) prior to finalizing lease document. additional red Xs or blanks throughout the document indicate required information to be input by the Leasing specialist – change red text to black text after input is complete.

INSTRUCTIONS TO OFFEROR: Do not attempt to complete this lease (GSA Lease Template L100, hereinafter Lease Template). Upon selection for award, VA will transcribe the successful Offeror's final offered rent and other price data included on Offeror’s submitted VA Lease Proposal Form 1364, (hereinafter Lease Proposal Form) into a Lease Template, and transmit the completed Lease Template, together with appropriate attachments, to the successful Offeror for execution.

A. This Lease is made and entered into between

Lessor’s Name [INSERT LESSOR'S FULL LEGAL NAME EXACTLY AS PROVIDED BY LESSOR AND REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM).]

THE TEMPLATE ASSUMES THE LESSOR OWNS THE PROPERTY. HOWEVER, IF THERE ARE ANY UNUSUAL SITE-CONTROL ISSUES, SUCH AS SUBLEASES, GROUND LEASES, ETC., PLEASE CONSULT WITH REAL ESTATE ACQUISITION DIVISION SUBJECT MATTER EXPERTS AND REGIONAL COUNSEL, AS NEEDED. IN THE RARE INSTANCE OF A LEASE AWARD CONTINGENT UPON THE LESSOR’S SUBSEQUENT PURCHASE OF THE PROPERTY, YOU MUST SEEK REGIONAL COUNSEL’S ADVICE ON DRAFTING ADDITIONAL “CONTINGENCY” LANGUAGE THAT PROTECTS THE GOVERNMENT’S INTERESTS.

(Lessor), whose principal place of business is [ADDRESS], [INSERT LESSOR'S ADDRESS] and whose interest in the Property described herein is that of Fee Owner, and

The United States of America

(Government), acting by and through the designated representative of the Department of Veterans Affairs (VA), upon the terms and conditions set forth herein.

B. Witnessed: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:

Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at

[Address] and more fully described in Section 1 and Exhibit XX, together with rights to the use of parking and other areas as set forth herein, to be used for such purposes as determined by VA.

C. LEASE TERM

action required: there are 2 versions of this introductory phrase. this first option is the default language for all other than succeeding leases. LEASING SPECIALIST TO INPUT THE REQUIRED LEASE TERM

VERSION 1:

To Have and To Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease and continuing for a period of

VERSION 2:

ACTION REQUIRED: INCLUDE THIS INTRODUCTORY PHRASE FOR SUCCEEDING LEASE. LEASING SPECIALIST TO INPUT THE ESTIMATED LEASE TERM COMMENCEMENT DATE (THE NEXT DAY AFTER THE CURRENT LEASE EXPIRES).

NOTE: LANGUAGE ALSO ALLOWS FOR LATER ACCEPTANCE, IN INSTANCES WHERE WORK MUST BE COMPLETED PRIOR TO ACCEPTANCE.

action required: LEASING SPECIALIST TO INPUT THE REQUIRED LEASE TERM.

Hidden and deleted by GEE.

15 Years, 10 Years Firm, subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable termination and renewal rights, shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space by the Government.

INSTRUCTIONS FOR CREATING LEASE AND REQUEST FOR LEASE PROPOSALS (RLP) DOCUMENTS

ALL INSTRUCTIONS FOR CREATING THESE DOCUMENTS ARE TYPED IN BLUE HIDDEN TEXT. YOU SHOULD CREATE THE DOCUMENTS WITH THE HIDDEN TEXT SHOWING, AND THEN [TURN IT OFF] WHEN PRINTING THE FINISHED DOCUMENT.

THIS TEMPLATE WAS UPDATED AS OF THE DATE SHOWN IN THE HEADER. THE DATE WILL NOT PRINT IF YOU TURN OFF THE HIDDEN TEXT PER THE INSTRUCTIONS BELOW. THE MOST UP-TO-DATE LEASE REFORM TEMPLATES ARE LOCATED ON THE NATIONAL OFFICE OF LEASING GOOGLE SITE.

TO REVEAL HIDDEN TEXT IN THE DOCUMENT—

1. CLICK ON THE FILE TAB AT THE TOP LEFT OF THE COMPUTER SCREEN.

2. CLICK ON “OPTIONS” AT THE LEFT OF THE SCREEN, NEAR THE BOTTOM.

3. CLICK ON “DISPLAY” IN THE LEFT-HAND COLUMN OF THE SCREEN, NEAR THE BOTTOM.

4. IN THE RIGHT-HAND COLUMN, UNDER “ALWAYS SHOW THESE FORMATTING MARKS ON THE SCREEN,”—IF THERE IS NO CHECKMARK IN THE “HIDDEN TEXT” BOX—CLICK ON THE “HIDDEN TEXT” BOX. NOTE: A CHECKMARK WILL APPEAR IN THE BOX.

5. CLICK ON “OK.” TO CLOSE OUT THE WORD OPTIONS SCREEN.

TO TURN OFF HIDDEN TEXT: FOLLOW INSTRUCTIONS (1) THRU (5), ABOVE. WHEN YOU CLICK ON THE “HIDDEN TEXT” BOX, THE CHECKMARK WILL DISAPPEAR AND THE HIDDEN TEXT WILL NOT SHOW ON SCREEN OR IN PRINTED VERSIONS OF THE LEASE.

TO INPUT DATA: IF A PARAGRAPH HAS BOLD RED Xs, A DOLLAR SIGN ($) FOLLOWED BY UNDERSCORING, OR EMPTY UNDERSCORING (_______), INPUT THE REQUIRED INFORMATION.

TO DELETE AND MODIFY PARAGRAPHS—*

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING “ACTION REQUIRED,” “OPTIONAL,” OR “NOTE.” MANDATORY PARAGRAPHS MAY ONLY BE ALTERED AT THE DISCRETION OF THE LCO ONLY AFTER CONSULTATION WITH REGIONAL COUNSEL AND THE APPROPRIATE SUBJECT MATTER EXPERT, E.G., REGIONAL FIRE PROTECTION ENGINEER, REGIONAL ENVIRONMENTAL QUALITY ADVISOR, REGIONAL HISTORIC PRESERVATION OFFICER, BUT THE MANDATORY PARAGRAPHS MUST CONTAIN SUBSTANTIALLY THE SAME INFORMATION. IF IT IS DETERMINED TO DELETE A PARAGRAPH OR SUB-PARAGRAPH, TAKE THE FOLLOWING STEPS:

TO DELETE A PARAGRAPH (FOR EXAMPLE, 1.02)—

1. USING YOUR CURSOR, CAREFULLY SELECT THE PARAGRAPH TEXT. (NOTE: DO NOT SELECT THE PARAGRAPH NUMBER.)

2. CLICK ON THE DELETE KEY TO DELETE THE TEXT

3. YOU HAVE A CHOICE REGARDING THE TITLE. YOU MAY EITHER STRIKE THROUGH THE TITLE AND ADD THE WORDS “INTENTIONALLY DELETED” AFTER THE STRICKEN TITLE, OR YOU MAY DELETE THE TITLE AND REPLACE IT WITH “INTENTIONALLY DELETED.” IN EITHER CASE, LEAVE THE PARAGRAPH NUMBER INTACT SO THE PARAGRAPH NUMBERING WILL REMAIN THE SAME FOR THE PARAGRAPHS THAT FOLLOW.

4. TO STRIKE THROUGH THE TITLE, USING YOUR CURSOR, CAREFULLY SELECT THE PARAGRAPH TITLE. (NOTE: DO NOT SELECT THE PARAGRAPH NUMBER.) CLICK ON THE “STRIKETHROUGH” KEY (abc). THEN PLACE THE CURSOR TO THE RIGHT OF THE STRUCK-OUT PARAGRAPH TITLE AND TYPE “INTENTIONALLY DELETED.” NOTE: THE TEXT WILL BE DELETED AND THE PARAGRAPH NUMBER AND STRUCK-OUT TITLE WILL REMAIN.

EXAMPLE: 2.05 OPERATING COST ADJUSTMENT INTENTIONALLY DELETED

5. ALTERNATELY, YOU MAY DELETE THE TITLE ALTOGETHER. USING YOUR CURSOR, CAREFULLY SELECT THE PARAGRAPH TITLE. OVERTYPE WITH THE WORDS “INTENTIONALLY DELETED.”

EXAMPLE: 2.05 INTENTIONALLY DELETED

TO DELETE A SUB-PARAGRAPH—

1. USING YOUR CURSOR, CAREFULLY SELECT THE SUB-PARAGRAPH TEXT. (NOTE: DO NOT SELECT THE SUB-PARAGRAPH NUMBER, LETTER, OR TITLE, IF ANY.) DELETE THE TEXT BY CLICKING ON THE “DELETE” KEY.

2. CHANGE LETTERING OR NUMBERING AS NECESSARY.

TO MODIFY ALL OR PART OF A PARAGRAPH

1. GO TO THE LAST SECTION OF THIS LEASE TITLED "ADDITIONAL TERMS AND CONDITIONS."

2. CREATE A LIST OF “MODIFIED PARAGRAPHS” WITH THE HEADING: “THE FOLLOWING PARAGRAPHS HAVE BEEN MODIFIED IN THIS LEASE:”

3. SELECT AND COPY THE MODIFIED PARAGRAPH TITLE AND PARAGRAPH NUMBER).

4. GO TO THE END OF THE LAST PARAGRAPH AND CLICK ON YOUR MOUSE TO PLACE THE CURSOR BELOW THE LAST ENTRY).

5. PASTE THE TITLE YOU JUST COPIED.

6. MAKE YOUR CHANGES, ADDITIONS, DELETIONS, ETC., TO THE PARAGRAPH IN ITS ORIGINAL LOCATION IN THE DOCUMENT.

7. SAVE YOUR CHANGES.

TO UPDATE THE “TABLE OF CONTENTS” AND “PAGE REFERENCES” WHEN YOU ARE FINISHED REVISING A DOCUMENT:

1. GO TO AND CLICK IN THE TABLE OF CONTENTS.

2. RIGHT CLICK TO VIEW DROP-DOWN WINDOW.

3. FROM THE DROP-DOWN MENU, CLICK ON “UPDATE FIELD.”

4. CLICK ON “UPDATE ENTIRE TABLE.” NOTE: TABLE WILL UPDATE ANY HEADINGS THAT WERE CHANGED DURING THE REVIEW. NOTE: YOU SHOULD VERIFY ONE OR TWO CHANGES TO CONFIRM THE TOC WAS UPDATED PROPERLY.

*THE ABOVE PRACTICES WILL INCREASE STANDARDIZATION AND FAMILIARITY OF THE DOCUMENT FOR THE PRACTITIONER BY ALLOWING CONSISTENT NUMBERING THROUGHOUT THE DOCUMENT.

TO ADD SECURITY REQUIREMENTS

ATTACH THE APPROPRIATE DOCUMENT TITLED “SECURITY REQUIREMENTS” AFTER CONSULTING WITH FPS AND THE AGENCY TO DETERMINE THEIR SPECIFIC REQUIREMENTS USING THE APPROPRIATE FACILITY SECURITY LEVEL (FSL) I, II, III, OR IV. FOR ACTIONS 10,000 RSF OR LESS, DO NOT CONTACT FPS BUT INSTEAD USE FSL I UNLESS CLIENT AGENCY REQUESTS A HIGHER LEVEL. IF THE AGENCY REQUIRES A HIGHER FSL, THE RESPONSIBLE PBS ASSOCIATE SHOULD REACH OUT TO FPS TO CONFIRM THAT THIS HIGHER FSL IS APPROPRIATE.

NOTE: FOR SUCCEEDING OR SUPERSEDING LEASES AT THE CURRENT LOCATION, THE ISC REQUIREMENTS ARE NOT REQUIRED, BUT ARE RECOMMENDED. THE LEASING SPECIALIST MUST CONSULT WITH THE TENANT AGENCY TO DETERMINE THE APPROPRIATE SECURITY COUNTERMEASURES, IF ANY.

THE GLOBAL RLP AND LEASE TEMPLATES (GSA FORM R100 AND L100) REPLACE THE FOLLOWING LEASE MODEL DOCUMENTS:

· GSA FORMS R101B AND L201B (STREAMLINED MODEL)

· GSA FORMS R101C AND L201C (STANDARD MODEL)

· GSA FORMS R102 AND L202 (SUCCEEDING/SUPERSEDING MODEL)

THE GLOBAL LEASE TEMPLATE (L100) COMBINES LANGUAGE FROM THESE 3 MODELS INTO ONE DOCUMENT.

UNLIKE FORMER MODEL TEMPLATES, THIS GLOBAL TEMPLATE ALLOWS THE LS/LCO GREATER FLEXIBILITY TO CHOOSE AMONG PARAGRAPHS AND SUBPARAGRAPHS TO MEET THE REQUIREMENTS OF EACH INDIVIDUAL LEASE ACQUISITION.

FOLLOWING THE BLUE “HIDDEN” TEXT, THE LS/LCO SHALL SELECT THE APPROPRIATE PARAGRAPH AND/OR SUBPARAGRAPH TO ALLOW FOR SUCH DIFFERENCES AS:

· TI PRICING: EITHER TURNKEY OR ALLOWANCE BASED

· METHOD OF AWARD: COMMUNICATING INTENT TO SEEK EITHER SOLE SOURCE OR COMPETITIVE PROCUREMENT*

· TYPE OF DID DELIVERY SYSTEM (GOVERNMENT –PROVIDED, LESSOR PROVIDED, WORKSHOP, PRE-AWARD)

· LEVEL OF BUILD-OUT REQUIRED

*NOTE: PER LEASING DESK GUIDE (LDG) CHAPTER 5, THERE MAY BE INSTANCES WHERE DISCLOSURE OF THE GOVERNMENT’S INTENT TO SECURE A SOLE SOURCE LEASE WOULD IMPOSE UNDUE FINANCIAL RISK ON THE GOVERNMENT. IN THESE INSTANCES, THE LS/LCO SHOULD SELECT PARAGRAPHS THAT IMPLY COMPETITION.

ALL PARAGRAPHS ARE STANDARDIZED FOR THIS MODEL AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING. MANDATORY PARAGRAPHS MAY BE ALTERED AT THE DISCRETION OF THE LCO ONLY AFTER CONSULTATION WITH REGIONAL COUNSEL AND THE APPROPRIATE SUBJECT MATTER EXPERT, E.G., REGIONAL FIRE PROTECTION ENGINEER, REGIONAL ENVIRONMENTAL QUALITY ADVISOR, REGIONAL HISTORIC PRESERVATION OFFICER, BUT THE MANDATORY PARAGRAPHS MUST CONTAIN SUBSTANTIALLY THE SAME INFORMATION.

FOR THIS SECTION, DO NOT FILL IN ANY XX’S OR BLANKS PRIOR TO AWARD, EXCEPT AS FOLLOWS:

· FILL IN BROKER NAME UNDER PARAGRAPH 1.04, IF APPLICABLE

· FILL IN TERMINATION NOTICE UNDER PARAGRAPH 1.05

· ADJUST THE LIST OF ATTACHED DOCUMENTS UNDER PARAGRAPH 1.07

PRIOR TO AWARD, FILL IN REMAINING XX’S/BLANKS BASED ON SUCCESSFUL OFFEROR’S PROPOSAL

NOTE: DRAFT RLPS MUST BE REVIEWED PRIOR TO ISSUANCE, AS FOLLOWS:

BY NOL ZONE MANAGER:

· PROSPECTUS-LEVEL

BY REGIONAL COUNSEL:

· PROSPECTUS-LEVEL

· BEST VALUE TRADE-OFF ABOVE SLAT

· AGGREGATE VALUE OF $20M OR MORE

PRE-AWARD REVIEW OF PROPOSED CONTRACT AWARDS IS REQUIRED AS FOLLOWS:

BY NOL ZONE MANAGER (ABSTRACT ONLY):

· PROSPECTUS-LEVEL

BY REGIONAL COUNSEL:

· PROSPECTUS-LEVEL

· BEST VALUE TRADE-OFF ABOVE SLAT

· AGGREGATE VALUE OF $20M OR MORE

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.01 THE PREMISES (OCT 2016)

The Premises are described as follows:

ACTION REQUIRED:

KEEP BOTH VERSIONS OF SUB-PARAGRAPH A WHEN ISSUING THE RLP;

ACTION REQUIRED: SELECT THE APPROPRIATE SUB-PARAGRAPH A WHEN DRAFTING FINAL LEASE. DELETE THE ALTERNATE VERSION.

ACTION REQUIRED: INSERT AMOUNT OF SPACE STATED IN FINAL PROPOSAL REVISIONS, NOT THE RANGE REQUESTED IN THE RLP. USE WHOLE NUMBERS FOR RSF AND ABOA SF; ROUND CAF TO NEAREST PERCENTAGE (E.G., 12 PERCENT). NOTE THAT THE OA TOOL WILL HAVE A SLIGHTLY DIFFERENT CAF, ROUNDING TO NINE DECIMAL PLACES.

EXHIBIT XX REFERS TO THE FLOOR PLANS PROVIDED BY THE SUCCESSFUL OFFEROR AND MUST DELINEATE THE SPACE UNDER LEASE.

FOR NEWLY CONSTRUCTED SPACE, SITE PLANS SHOULD ALSO BE ATTACHED.

VERSION 1: USE WHEN ACCEPTING AN OFFER THAT DOES NOT INCLUDE FREE SPACE.

A. Office and Related Space: XX rentable square feet (RSF), yielding 28,016 ANSI/BOMA Office Area (ABOA) square feet (SF) of office and related Space located on the XX floor(s) and known as Suite(s) XX, of the Building, as depicted on the floor plan(s) attached hereto as Exhibit XX.

VERSION 2: USE WHEN ACCEPTING AN OFFER THAT INCLUDES FREE SPACE (NOTE THAT THIS IS NOT THE SAME AS FREE RENT) ACTION REQUIRED: CALCULATE THE COMMON AREA FACTOR (CAF) AS A PERCENTAGE (%) OF THE DIFFERENCE BETWEEN THE AMOUNT OF RENTABLE SF AND ABOA SF, DIVIDED BY THE ABOA SF. FOR EXAMPLE, 11,500 RSF AND 10,000 ABOA SF WILL HAVE A CAF OF 15% [(11,500 RSF-10,000 ABOA SF)/10,000 ABOA SF]. DO NOT INSERT THIS AS AN R/U FACTOR [E.G., 1.15]. SEE DEFINITIONS UNDER SECTION 2.

B. Common Area Factor: The Common Area Factor (CAF), defined under Section 2 of the Lease, is established as XX percent. This factor, rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordance with the Payment Clause of the General Clauses.

ACTION REQUIRED: INCLUDE THIS SUB-PARAGRAPH C ONLY FOR SOLE SOURCE SUCCEEDING OR SUPERSEDING LEASES AT THE CURRENT LOCATION. OTHERWISE, DELETE.

C. INTENTIONALLY DELETED Deleted by GEE.

1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013)

The Government shall have the non-exclusive right to the use of Appurtenant Areas, and shall have the right to post Rules and Regulations Governing Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure signage is consistent with Lessor’s standards. Appurtenant to the Premises and included in the Lease are rights to use the following:

ACTION REQUIRED: INSERT TOTAL NUMBER OF PARKING SPACES AND SPECIFY WHETHER THEY ARE “STRUCTURED/INSIDE” OR “SURFACE/OUTSIDE.” IF PARKING SPACES ARE OFF-SITE, LESSOR MUST PROVIDE PROOF THAT IT OWNS THAT SITE OR HAS A LEASE FOR IT.

NOTE: ATTACH THE SITE PLAN, PARKING PLAN, OR DRAWING SHOWING THE LOCATION OF SPACES AS A LEASE EXHIBIT. A SITE PLAN IS PREFERABLE SHOWING PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS TO THE LEASED PREMISES.

A. Parking: 175 parking spaces as depicted on the plan attached hereto as Exhibit XX, reserved for the exclusive use of the Government, of which 0 shall be structured/inside parking spaces, and 175 shall be surface/outside parking spaces. In addition, the Lessor shall provide such additional parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property.

ACTION REQUIRED: USE SUB-PARAGRAPH B IF THE AGENCY’S SPACE REQUIREMENTS INCLUDE TELECOMMUNICATIONS DEVICES SUCH AS SATELLITE DISHES, ANTENNAS, AND RELATED TRANSMISSION DEVISES. IF NOT, DELETE.

B. Antennas, Satellite Dishes, and Related Transmission Devices: (1) Space located on the roof of the Building sufficient in size for the installation and placement of telecommunications equipment, (2) the right to access the roof of the Building, and (3) use of all Building areas (e.g., chases, plenums, etc.) necessary for the use, operation, and maintenance of such telecommunications equipment at all times during the term of this Lease.

ACTION REQUIRED: aDJUST THE RENTAL RATES IN the TABLE TO REFLECT THE RENTAL RATES OF the LEASE AND ADJUST THE tiA and building specific amortized capital (BSac) AMORTIZATION. add additional tables as necessary for multiple step rents.

Table defaults to TI and bsac rent dropping after firm term.

NOTE: THE INCLUSION OF THE AMORTIZED TI AND BSAC CANNOT CAUSE THE fully-serviced RENT TO EXCEED THE HIGH END OF THE MARKET, IN WHICH INSTANCE AN RWA IS NEEDED TO FUND THE EXCESS.

NOTE FOR TI TURNKEY PRICING: CONFIRM WHETHER THE TENANT IMPROVEMENT COSTS LISTED IN THE PROPOSAL EXCEED THE AGENCY’S AUTHORIZED TI TIER. IN ACCORDANCE WITH PRICING POLICY, TI COSTS IN EXCESS OF THE TIER CANNOT BE AMORTIZED INTO THE RENT UNLESS A DEVIATION IS GRANTED BY PORTFOLIO. IF THE TI COSTS EXCEED THE AUTHORIZED TIER, THE LEASING SPECIALIST MUST EITHER GAIN APPROVAL TO INCREASE THE TI ALLOWANCE, OR OBTAIN AN RWA FOR THE EXCESS TI COSTS. IN ADDITION, THE 1364 MUST BE REVISED TO REFLECT TO LOWER TI PRINCIPAL AND RENT RATE. INCLUDE LUMP SUM PAYMENT LANGUAGE UNDER SECTION 7.

note for tia and/or bsac placeholder estimate pricing: if the actual post-award ti or bsac pricing is less than the allowance/placeholder estimates stated below, then THE FINAL ti and/or bsac rent, AS REFLECTED IN THE LEASE TERM COMMENCEMENT LEASE AMENDMENT, must be adjusted downwards in ACCORDANCE with the terms of the leaSE. THE AMOUNT OF REDUCTION CANNOT BE USED TOWARDS ANY OTHER RENTAL COMPONENT (E.G., SHELL CREDIT). also, the ti allowance may not be increased through the use of warm-lit shell credits.

1.03 RENT AND OTHER CONSIDERATION (OCT 2021)

A. The Government shall pay the Lessor annual rent, payable in monthly installments in arrears, at the following rates:

1Shell rent calculation:

(Firm Term) $XX per RSF multiplied by the RSF stated under Paragraph 1.01 (Non Firm Term) $XX per RSF multiplied by the RSF stated under Paragraph 1.01 2Operating Costs rent calculation: $XX per RSF multiplied by the RSF stated under Paragraph 1.01 3Tenant Improvements of $XX are amortized at a rate of X percent per annum over XX years.

4Building Specific Amortized Capital (BSAC) of $XX are amortized at a rate of X percent per annum over XX years 5Parking costs described under sub-paragraph B below 6Total Annual Rent does not reflect reduction for free rent (if applicable). See subparagraph C below.

ACTION REQUIRED: IF PARKING IS CHARGED SEPARATELY, USE SUB-PARAGRAPH B, AS APPROPRIATE. OTHERWISE, DELETE. NOTE: PARKING RATE IS TYPICALLY ON A PER MONTH BASIS.

B. Parking shall be provided at a rate of $XX per parking space per month (structured/inside), and $XX per parking space per month (surface/outside).

ACTION REQUIRED: insert this sub-paragraph only when accepting an offer that includes free rent. Otherwise delete.

Action Required: DEFINE THE FREE RENT COMPONENTS (E.G., SHELL, OPERATING, TI, BSAC, PARKING RENT). ALTERNATIVELY, FREE RENT CAN BE EXPRESSED AS A DOLLAR AMOUNT. DELETE LAST SENTENCE IF FREE RENT DOES NOT INCLUDE ALL RENTAL COMPONENTS OR IF EXPRESSED AS A DOLLAR AMOUNT.

C. The Lessor has offered free rent for the first XX (X) months of the Lease (free rent includes shell, operating, TI, BSAC and parking rent). Therefore, the first XX (X) months of the Lease shall be provided at no cost to the Government.

ACTION REQUIRED: Use sub-paragraph D only when amortizing ti or bsAC beyond the firm term of the lease. otherwise, delete.

D. In instances where the Lessor amortizes either the TI or Building Specific Amortized Capital (BSAC) for a period exceeding the Firm Term of the Lease, should the Government terminate the Lease after the Firm Term or does not otherwise renew or extend the term beyond the Firm Term, the Government shall not be liable for any costs, including unamortized costs beyond the Firm Term.

ACTION REQUIRED:

· INPUT ABOA SF as stated under Lease paragraph 1.01

· delete E for lease actions where the space will not be re-measured (for example, succeeding or superseding leases with no change in square footage) E. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance, not to exceed 28,016 ABOA SF based upon the methodology outlined under the “Payment” clause of VA Form 3517.

ACTION REQUIRED: Select the Appropriate sub-paragraph F. Delete the Alternate Version.

Version 1: use for TI ALLOWANCE PRICING.

F. Rent is subject to adjustment based upon the final Tenant Improvement (TI) cost to be amortized in the rental rate, as agreed upon by the parties subsequent to the Lease Award Date.

Version 2: use for TI turnkey PRICING, where allowing for adjustment based upon ti unit prices.

Hidden and deleted by GEE.

ACTION REQUIRED: INCLUDE SUB-PARAGRAPH G FOR FSL II, III AND IV (BSAC PRICING BASED ON PLACEHOLDER DOLLAR ESTIMATE; ACTUAL PRICING AFTER AWARD). OTHERWISE, DELETE FOR FSL I OR TURNKEY BSAC PRICING.

G. INTENTIONALLY DELETED

H. If the Government leases the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days leased for that month.

I. Rent shall be paid to Lessor by electronic funds transfer (EFT) in accordance with the provisions of the General Clauses. Rent shall be payable using the EFT information contained in the System for Award Management (SAM). In the event the EFT information changes, the Lessor shall be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental payments until such time as the SAM registration is activated.

J. Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration, the following:

1. The leasehold interest in the Property described herein in the paragraph entitled “The Premises.”

2. All costs, expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease, including all costs for labor, materials, and equipment, professional fees, contractor fees, attorney fees, permit fees, inspection fees, and similar such fees, and all related expenses.

ACTION REQUIRED: SELECT THE APPROPRIATE SUB-PARAGRAPH 3.

VERSION 1: USE FOR A “FULLY SERVICED” LEASE

3. Performance or satisfaction of all other obligations set forth in this Lease; and all services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in accordance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements, and improvements required to be made thereto to meet the requirements of this Lease.

VERSION 2: USE FOR A “LEASE NET OF UTILITIES.” IDENTIFY WHICH UTILITIES (ELECTRIC AND/OR GAS) ARE NET, AND DELETE ONE OF THE UTILITIES PARAGRAPHS IN THE “UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM” SECTION OF THIS LEASE ACCORDINGLY.

Hidden and deleted by GEE.

K. INTENTIONALLY DELETED

ACTION REQUIRED: Use the PARAGRAPH below if commission credit is applicable. OTHERWISE, delete.

NOTE: Commissions and/or commission credits should be treated as confidential financial information and should not be disclosed to the public or used for any other purpose than that for which it was furnished, without consent of the LCO.

1.04 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2016) INTENTIONALLY DELETED

Hidden and deleted by GEE.

ACTION REQUIRED: USE IF TERMINATION RIGHTS ARE NEGOTIATED. OTHERWISE, DELETE.

1.05 TERMINATION RIGHTS (OCT 2016)

The Government may terminate this Lease, in whole or in parts, at any time effective after the Firm Term of this Lease, by providing not less than 90 days’ prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. No rental shall accrue after the effective date of termination.

ACTION REQUIRED: ENTER THE COMPLETE SET OF RENEWAL OPTION TERMS BELOW.

NOTE: IF A RENEWAL OPTION IS OFFERED THAT CAN BE EXERCISED WITHOUT FURTHER CONGRESSIONAL ACTION (PROSPECTUS), WHETHER OR NOT IT WAS SOLICITED OR EVALUATED, THE OPTION MUST BE INCLUDED IN THE ORIGINAL SCORING ANALYSIS (SEE LEASING DESK GUIDE CHAPTER 9 AND APPENDIX F).

NOTE: ANY UNEVALUATED RENEWAL OPTION MUST BE EVALUATED PRIOR TO EXERCISING SUCH OPTION (SEE LEASING DESK GUIDE CHAPTER 9).

1.06 RENEWAL RIGHTS (OCT 2016) INTENTIONALLY DELETED

ACTION REQUIRED:

The list of attachments is not comprehensive. Adjust the list as appropriate for the specific transaction.

include relevant offeror submittals; EXAMPLES INCLUDE:

- APPROVED ASBESTOS MANAGEMENT PLAN

- SOURCE SELECTION AND/OR NEW CONSTRUCTION TECHNICAL SUBMISSIONS

- UNIT PRICE LISTS

FOR BROKER PROJECTS THE SIGNED COMMISSION AGREEMENT IS NOT INCLUDED AS AN ATTACHMENT TO THE LEASE EXHIBITS SHOULD BE labeled with sequential letters.

Action required:

delete attachments that are not applicable (for example, SEISMIC PRE-AWARD RETROFIT COMMITMENT, small business subcontracting plan, dol wage determination, rlp amendments, security and/or TI unit price lists, etc.).

NOTE: ONLY INCLUDE RLP AMENDMENTS AFFECTING THE LEASE (FOR EXAMPLE, CHANGE IN CLEANING SPECIFICATIONS) AND NOT THOSE AFFECTING THE OFFER PROCESS (FOR EXAMPLE, EXTENDING THE INITIAL OFFER DUE DATE). LCO MAY ALSO INCORPORATE AMENDMENT CHANGES DIRECTLY INTO THE LEASE PARAGRAPHS, AS APPROPRIATE AND NOTE CHANGED PARAGRAPHS UNDER SECTION 7.

Note: the LCO may decide it is more suitable to incorporate some extensive or sensitive documents by reference (for example, the courts design guide).

NOTE: FOR TURNKEY PRICING, THE ATTACHED REQUIREMENTS MUST BE AGENCY SPECIFIC REQUIREMENTS (ASR). ATTACH PRE-AWARD DIDS, IF APPLICABLE.

NOTE: ONLY INCLUDE “FOREIGN OWNERSHIP AND FINANCING REPRESENTATION” FOR FSL III, IV or V PROJECTS. OTHERWISE, DELETE. YOU MUST NOTIFY CLIENT AGENCY PRIOR TO AWARD IF THE REPRESENTATION DISCLOSES FOREIGN OWNERSHIP OR FINANCING.

1.07 DOCUMENTS INCORPORATED in the lease (OCT 2021)

The following documents are attached to and made part of the Lease:

DOCUMENT NAME

NO. OF PAGES

EXHIBIT

552.270-33 FOREIGN OWNERSHIP AND FINANCING REPRESENTATION FOR HIGH-SECURITY LEASED SPACE [FOR FSL III AND ABOVE PROJECTS ONLY]

ACTION REQUIRED: Select the approprIate Version. Delete alternate versions.

ACTION REQUIRED: Leasing Specialist to INSERT OFFEROR’S TI COSTS AND AMORTIZATION RATE AS STATED ON GSA FORM 1364.

1.08 TENANT IMPROVEMENT rental adjustment (OCT 2016)

VERSION 1: for ti allowance pricing.

NOTE: AMORTIZATION PERIOD DEFAULTS TO FIRM TERM. REVISE IF RLP OR NEGOTIATED OFFER REFLECTS OTHERWISE.

Hidden and deleted by GEE.

VERSION 2: for ti TURNKEY pricing, with post-award dids NOTE: FOR TURNKEY PRICING, THE ATTACHED REQUIREMENTS MUST BE AGENCY SPECIFIC REQUIREMENTS (ASR).

Note: the amount amortized IN EXCESS OF THE TIER CANNOT BE AMORTIZED INTO THE RENT UNLESS A DEVIATION IS GRANTED BY PORTFOLIO.

A. The Tenant Improvement Allowance (TIA) for purposes of this Lease is $175.00 per ABOA SF. The TIA is the amount that the Lessor shall make available for the Government to be used for TIs. This amount will be paid as a one-time lump sum payment.

B. The Government, at its sole discretion, shall make all decisions as to the use of the TIA. The Government may use all or part of the TIA. The Government may return to the Lessor any unused portion of the TIA in exchange for a decrease in rent according to the agreed-upon amortization rate over the Firm Term.

C. The Government may elect to make lump sum payments for any or all work covered by the TIA. That part of the TIA amortized in the rent shall be reduced accordingly. At any time after occupancy and during the Firm Term of the Lease, the Government, at its sole discretion, may elect to pay lump sum for any part or all of the remaining unpaid amortized balance of the TIA. If the Government elects to make a lump sum payment for the TIA after occupancy, the payment of the TIA by the Government will result in a decrease in the rent according to the amortization rate over the Firm Term of the Lease.

D. If it is anticipated that the Government will spend more than the identified TIA, the Government may elect to:

ACTION REQUIRED: USE FOR TI ALLOWANCE PRICING AND ENTER THE DOLLAR AMOUNT, DOLLAR RATE, OR PERCENTAGE. DELETE WHEN USING TI TURNKEY PRICING.

1.09 TENANT IMPROVEMENT FEE SCHEDULE (OCT 2020)

For pricing TI costs, the following rates shall apply for the initial build-out of the Space.

INITIAL

BUILD-OUT

ACTION REQUIRED: MANDATORY FOR ACTIONS DESIGNATED AT FACILITY SECURITY LEVEL (FSL) II, III OR IV, WHICH REQUIRES OFFERORS TO DETERMINE BSAC RENT BASED UPON AN ESTIMATED DOLLAR AMOUNT SUPPLIED BY THE GOVERNMENT. OTHERWISE, DELETE FOR FSL I OR TURNKEY BSAC PRICING.

ACTION REQUIRED. LEASING SPECIALIST MUST ENTER THE BSAC AND AMORTIZATION RATE AT LEASE AWARD. FOR FSL II, INSERT $12.00 PER ABOA SF, FOR FSL III, INSERT $25.00 PER ABOA SF AND FOR FSL IV, INSERT $35.00 PER ABOA SF (UNLESS LEASE IS AWARDED TO CURRENT LOCATION USING A LOWER BSAC PLACEHOLDER AMOUNT). THESE NUMBERS ARE ESTIMATED BASED ON THE FSL.

NOTE: AMORTIZATION PERIOD DEFAULTS TO FIRM TERM. REVISE IF RLP OR NEGOTIATED OFFER REFLECTS OTHERWISE.

1.010 building specific amortized capital (sep 2012)

For purposes of this Lease, the Building Specific Amortized Capital (BSAC) is $12.00 per ABOA SF. The Lessor will make the total BSAC amount available to the Government, which will use the funds for security related improvements. This amount will be paid as a one-time lump sum payment.

ACTION REQUIRED: MANDATORY FOR ACTIONS DESIGNATED AT FACILITY SECURITY LEVEL (FSL) II, III OR IV, WHICH REQUIRES OFFERORS TO DETERMINE BSAC RENT BASED UPON AN ESTIMATED DOLLAR AMOUNT SUPPLIED BY THE GOVERNMENT. OTHERWISE, DELETE FOR FSL I OR TURNKEY BSAC PRICING.

NOTE: AMORTIZATION PERIOD DEFAULTS TO FIRM TERM. REVISE IF RLP OR NEGOTIATED OFFER REFLECTS OTHERWISE.

1.011 Building specific amortized capital rental adjustment (SEP 2013)

A. The Government, at its sole discretion, shall make all decisions about the use of the Building Specific Amortized Capital (BSAC). The Government may use all or part of the BSAC. The Government may return to the Lessor any unused portion of the BSAC in exchange for a decrease in rent (where applicable) according to the agreed-upon amortization rate over the Firm Term.

B. The Government may elect to make lump-sum payments for any work covered by the BSAC. The part of the BSAC amortized in the rent shall be reduced accordingly. At any time after occupancy and during the Firm Term of the Lease, the Government, at its sole discretion, may elect to pay a lump sum for any part or all of the remaining unpaid amortized balance of the BSAC. If the Government elects to make a lump-sum payment for the BSAC after occupancy, the payment of the BSAC by the Government will result in a decrease in the rent according to the amortization rate over the Firm Term of the Lease.

C. If it is anticipated that the Government will spend more than the BSAC identified above, the Government may elect to:

1. Reduce the security countermeasure requirements;

2. Pay a lump sum for the amount overage upon substantial completion in accordance with the “Acceptance of Space and Certificate of Occupancy” paragraph; or

3. Negotiate an increase in the rent.

NOTE:

LCO SHOULD CONFIRM TAX PARCEL DURING NEGOTIATIONS.

NOTE:

PARAGRAPH DEFAULTS TO CALCULATING PERCENTAGE OF OCCUPANCY BASED ON PRO-RATA SHARE OF A SINGLE BUILDING. IN INSTANCES WHERE THE TAX PARCEL INCLUDES MULTIPLE BUILDINGS, THE PARAGRAPH SHOULD BE REVISED AND THE PERCENTAGE OF OCCUPANCY CALCULATED BASED ON THE PRO-RATA SHARE OF RENTABLE SPACE FOR THE TAX PARCEL.

DO NOT INCLUDE FREE SPACE AS PART OF “TOTAL GOVERNMENT SPACE” WHEN CALCULATING PERCENTAGE OF OCCUPANCY.

1.012 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2021)

A. As of the Lease Award Date, the Government’s Percentage of Occupancy, as defined in the “Real Estate Tax Adjustment” paragraph of this Lease is 100 percent. The Percentage of Occupancy is derived by dividing the total Government Space of XX RSF by the total Building space of XX RSF. The tax parcel number is XX.

B. All relevant tax adjustment documentation (e.g., copies of paid tax receipts, invoices) must be submitted online via the VA Real Estate Tax Portal at ret.VA.gov or a successor portal.

ACTION REQUIRED: USE THE FOLLOWING PARAGRAPH ONLY IF THE REAL ESTATE TAX BASE IS A NEGOTIATED AMOUNT. OTHERWISE, DELETE.

NOTE: A NEGOTIATED TAX BASE AMOUNT SHOULD ONLY BE ESTABLISHED AFTER CAREFUL RESEARCH TO CONFIRM THAT IT ACCURATELY REFLECTS THE ANTICIPATED TAX BASE FOR THE PROPERTY, FULLY ASSESSED, FOR THE FIRST YEAR OF OCCUPANCY. SETTING A TAX BASE THAT IS TOO LOW SHIFTS RISK TO THE GOVERNMENT.

NOTE: AS DEFINED UNDER THE “REAL ESTATE TAX ADJUSTMENT” PARAGRAPH, THE REAL ESTATE TAX BASE MUST REFLECT ENTIRE PROPERTY AND NOT JUST THE OCCUPIED SPACE.

1.013 Real estate tax base (SEP 2013)

The Real Estate Tax Base, as defined in the “Real Estate Tax Adjustment” paragraph of the Lease is $XX. Tax adjustments shall not occur until the tax year following lease commencement has passed.

ACTION REQUIRED: USE IF LEASE INCLUDES THE PARAGRAPH “OPERATING COSTS ADJUSTMENT.” OTHERWISE, DELETE.

1.014 OPERATING COST BASE (OCT 2016) INTENTIONALLY DELETED

ACTION REQUIRED: USE IF THERE IS A NEGOTIATED AMOUNT FOR THE VACANT LEASED PREMISES.

NOTE: ALWAYS ATTEMPT TO NEGOTIATE AN ADJUSTMENT FOR VACANT PREMISES PRIOR TO LEASE AWARD. IDEALLY, NEGOTIATE OUT ALL NON-REQUIRED SERVICES AND UTILITIES IN THE VACANT SPACE.

1.015 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013)

In accordance with the paragraph entitled “Adjustment for Vacant Premises,” if the Government fails to occupy or vacates the entire or any portion of the Premises prior to expiration of the term of the Lease, the operating costs paid by the Government as part of the rent shall be reduced by $XX.XX per ABOA SF of Space vacated by the Government.

ACTION REQUIRED: USE IF CLIENT AGENCY ANTICIPATES THAT IT MAY ORDER PERIODIC OVERTIME HVAC. DO NOT USE THESE RATES FOR 24/7 HVAC REQUIREMENTS.

INSERT NEGOTIATED RATES, AS APPLICABLE, TO INCLUDE RATES PER ZONE AND NO. OF ZONES, OR RATE FOR ENTIRE SPACE; DELETE INAPPLICABLE BULLETS.

MAY BE DELETED FOR NET OF UTILITY LEASES

1.016 .HOURLY overtime HVAC RATES (OCT 2016)

A. The following rates shall apply in the application of the paragraph titled "Overtime HVAC Usage:"

· $X.XX per hour per zone

· No. of zones: X

· $ X.XX per hour for the entire Space.

ACTION REQUIRED: USE SUB-PARAGRAPH B ONLY IF THE LOCAL MARKET PRACTICE INCLUDES WEEKEND HOURS AND IF THE BUILDING’S NORMAL HOURS OF HVAC OPERATION EXCEED HOURS OF OPERATION STATED UNDER PARAGRAPH 6.01 “PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS.” INSERT HOURS AS STATED ON OFFEROR’S 1364.

ACTION REQUIRED: INCLUDE PARAGRAPH ONLY IF THE NORMAL HOURS OF OPERATION STATED UNDER PARAGRAPH 6.01 EXTEND BEYOND A “STANDARD” 10 HOURS PER DAY/5 DAYS PER WEEK OPERATION. THIS PARAGRAPH ALLOWS THE GOVERNMENT REVERT BACK TO “STANDARD” HOURS OF OPERATION AND REDUCE THE RENT BY A PRE-NEGOTIATED AMOUNT.

ACTION REQUIRED: PRIOR TO ISSUING RLP, INSERT ALTERNATIVE HOURS (TYPICALLY 10-HOURS/DAY, 5 DAYS/WEEK). AT LEASE AWARD, INSERT NEGOTIATED REDUCTION AMOUNT.

OTHERWISE, DELETE.

MAY BE DELETED FOR NET OF UTILITY LEASES

1.017 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018)

This Lease provides for normal hours of operation as outlined under Lease Paragraph 6.01, Provision of Services, Access, and Normal Hours. In the event the Government requires the following normal hours of operations: [7:00 AM to 5:00 PM, Monday through Friday, with the exception of Federal holidays], the rental rate and the base for operating cost adjustments will be reduced by $XX per ABOA SF, adjusted to include any CPI adjustment as outlined under Lease paragraph entitled Operating Costs Adjustment. This reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the Lease expires or is terminated.

ACTION REQUIRED: USE THE FOLLOWING PARAGRAPH IF THE OFFER INCLUDED COMMITMENTS TO PERFORM BUILDING UPGRADES OR PROVIDE A HYDROLOGY MAINTENANCE PLAN IN ORDER TO BE ELIGIBLE FOR AWARD.

BE SPECIFIC IN DESCRIBING THE IMPROVEMENTS TO BE COMPLETED. IF NECESSARY, PROVIDE THE INFORMATION IN AN ATTACHMENT AS AN EXHIBIT, ADD THE STATEMENT “AS DESCRIBED IN THE ATTACHED EXHIBIT ‘X’” AND ATTACH THAT EXHIBIT TO THE LEASE.

ADD OR DELETE SUB-PARAGRAPHS AS APPROPRIATE.

LIST THE INFORMATION IN THE LETTERED SUB-PARAGRAPHS BELOW. EXAMPLES INCLUDE:

· FIRE PROTECTION AND LIFE SAFETY UPGRADES

· ABAAS UPGRADES

· SEISMIC RETROFIT: USE SUGGESTED LANGUAGE AS FOLLOWS: “THE LESSOR HAS COMMITTED ON SEISMIC FORM C (EXHIBIT _____ TO THIS LEASE) TO DO A SEISMIC RETROFIT, AND TO MEET ALL OF THE SEISMIC REQUIREMENTS IN THIS LEASE.”

· ENERGY EFFICIENCY UPGRADES FOR ACTIONS EXCEPTED FROM ENERGY STAR® LABEL REQUIREMENTS.

· TO COMPLY WITH EISA SECTION 438, THROUGH IMPLEMENTATION OF PROVISIONS IN HYDROLOGY MAINTENANCE PLAN(S) WHERE MORE THAN 5,000 SQUARE FEET OF LAND WILL BE DISTURBED AS A RESULT OF THE GOVERNMENT’S LEASE.

1.018 BUILDING IMPROVEMENTS (MAR 2016)

Before the Government accepts the Space, the Lessor shall complete the following additional Building improvements:

A. _______________ B. _______________ C. _______________

ACTION REQUIRED: INSERTION OF THIS PARAGRAPH IS MANDATORY AS PART OF THE INITIAL RLP PACKAGE ISSUANCE FOR ALL COMPETITIVE ACTIONS. THE PARAGRAPH MAY BE DELETED FOR SOLE SOURCE LEASE ACTIONS, OR, AS PART OF THE FINAL LEASE AGREEMENT IF NOT APPLICABLE (WHEN THE LESSOR IS NOT A QUALIFIED HUBZONE SMALL BUSINESS CONCERN OR IS A QUALIFIED HUBZONE SMALL BUSINESS CONCERN THAT WAIVED PRICE EVALUATION PREFERENCE DURING THE PROCUREMENT).

1.019 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS (MAR 2012)

If the Lessor is a qualified HUBZone small business concern (SBC) that did not waive the price evaluation preference then as required by 13 C.F.R. 126.700, the HUBZone SBC must spend at least 50% of the cost of the contract incurred for personnel on its own employees or employees of other qualified HUBZone SBC’s and must meet the performance of the work requirements for subcontracting in 13 C.F.R. § 125.6(c). If the Lessor is a HUBZone joint venture, the aggregate of the qualified HUBZone SBC’s to the joint venture, not each concern separately, must perform the applicable percentage of work required by this clause.

ACTION REQUIRED: FILL IN LESSOR’S UEI NUMBER.

NOTE: THIS USED TO BE A DUNS NUMBER; THE GOVERNMENT WILL STOP USING DUNS IN APRIL 2022, TO BE REPLACED BY SAM-GENERATED UEI’S.

SINCE UEI DUNS IS AUTHORITATIVE UNTIL APRIL 2022, ENTITIES REGISTERED IN SAM WILL HAVE A UEI DUNS AND UEI SAM UNTIL APRIL 2022. FOR LEASES AWARDED BEFORE APRIL 2022 ENTER BOTH; AFTER APRIL 2022, INSERT “N/A” UNDER UEI DUNS AND ONLY FILL IN UEI SAM.

1.020 lessor’s UNIQUE ENTITY IDENTIFIER (oct 2021)

Lessor’s Unique Entity Identifier (UEI)

UEI-DUNS: XXXXXXXXX

UEI-SAM: XXXXXXXXXXXX

SECTION 2 General Terms, conditions, and Standards

2.01 DEFINITIONS AND General Terms (OCT 2016)

Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions, standards, and formulas:

A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises, but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect to the Government's enjoyment of the Premises and express appurtenant rights.

B. Broker. If VA awarded this Lease using a contract real estate broker, Broker shall refer to VA's broker.

C. Building. Building(s) situated on the Property in which the Premises are located.

D. Commission Credit. If VA awarded this Lease using a Broker, and the Broker agreed to forego a percentage of its commission to which it is entitled in connection with the award of this Lease, the amount of this credit is referred to as the “Commission Credit.”

E. Common Area Factor. The “Common Area Factor” (CAF) is a conversion factor determined by the Building owner and applied by the owner to the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount of rentable SF and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% [(11,500 RSF-10,000 ABOA SF)/10,000 ABOA SF]. For the purposes of this Lease, the CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.

F. Contract. “Contract” shall mean this Lease.

G. Contractor. “Contractor” shall mean Lessor.

H. Days. All references to “day” or “days” in this Lease shall mean calendar days, unless specified otherwise.

I. FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1.

J. Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is that part of the Lease term following the end of the Firm Term.

K. VAR. All references to the VAR shall be understood to mean the VA supplement to the FAR, codified at 48 CFR Chapter 5.

L. Lease Term Commencement Date. The date on which the lease term commences.

M. Lease Award Date. The date the LCO executes the Lease and mails or otherwise furnishes written notification of the executed Lease to the successful Offeror ( date on which the parties’ obligations under the Lease begin).

N. Premises. The Premises are defined as the total Office Area or other type of Space, together with all associated common areas, described in Section 1 of this Lease, and delineated by plan in the attached exhibit.