Exhibit A 36C25025R0002 - AMENDED 3.17.2025.pdf
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- Solicitation number
- 36C25025R0002
About this file
This document is a comprehensive VA Lease Template (L100) for a federal government lease agreement. The lease is for approximately 19,999 ANSI/BOMA Occupant Area (ABOA) square feet of office and related space, located on an unspecified floor, with 125 reserved parking spaces (including 10% ADA compliant spaces). The lease includes provisions for utilities, services, construction standards, tenant improvements, security requirements, and various operational obligations for the lessor.
Key terms include a lease duration with a firm term and potential non-firm term, with the specific duration to be determined upon substantial completion and acceptance of the space. The lease covers comprehensive requirements including indoor air quality, radon testing, hazardous materials management, landscaping, recycling, and specific technical specifications for building systems, electrical, mechanical, and telecommunications infrastructure. The lease is for the United States Department of Veterans Affairs and includes detailed provisions for space preparation, maintenance, security, and ongoing operational standards that the lessor must meet throughout the lease term.
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In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR:
Name: ____________________________________________
Title: ____________________________________________
Entity: ____________________________________________
Date: ____________________________________________
FOR THE GOVERNMENT:
Title: Lease Contracting Officer
United States Department of Veterans Affairs
WITNESSED FOR THE LESSOR BY:
Title: ____________________________________________
The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.
LEASE NO. 36C25025L0003 PAGE 1 L100
REV (10/24)
VA LEASE NO. 36C25025L0003
Global Lease L100 (10/2024)
INSTRUCTIONS TO OFFEROR: Do not attempt to complete this lease (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 GSA 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
(Lessor), whose principal place of business is [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 United States Department of Veterans Affairs (VA), upon the terms and conditions set forth herein.
B. Witnesseth: 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
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
X Years, X Years Firm, To Have and To Hold the said Premises with its appurtenances for the term beginning either upon MONTH/ DAY/ YEAR, and continuing for a period of X Years, X Years Firm, with termination rights after the firm-term. 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.
LEASE NO. 36C25025L0003 PAGE 2 LESSOR: ________ GOVERNMENT: ________ L100
LEASE NO. 36C25025L0003 PAGE 3 LESSOR: ________ GOVERNMENT: ________ L100
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS …………………………………………………………………………………6
1.01 THE PREMISES (OCT 2024)
1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013)
1.03 RENT AND OTHER CONSIDERATION (OCT 2023)
1.04 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2016) INTENTIONALLY DELETED
1.05 TERMINATION RIGHTS (OCT 2016)
1.06 RENEWAL RIGHTS (OCT 2016) INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE (OCT 2023)
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)
1.09 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2024) INTENTIONALLY DELETED
1.10 BUILDING SPECIFIC AMORTIZED CAPITAL (SEP 2012) INTENTIONALLY DELETED
1.11 BUILDING SPECIFIC AMORTIZED CAPITAL RENTAL ADJUSTMENT (SEP 2013) INTENTIONALLY DELETED
1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2024)
1.13 REAL ESTATE TAX BASE (SEP 2013)
1.14 OPERATING COST BASE (OCT 2016)
1.15 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013)
1.16 HOURLY OVERTIME HVAC RATES (OCT 2016) INTENTIONALLY DELETED
1.17 PERIODIC LEASE ABOVE-STANDARD SERVICES (LASS) RATES – OTHER THAN HVAC (OCT 2024) INTENTIONALLY DELETED
1.18 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018)
1.19 BUILDING IMPROVEMENTS (OCT 2023) INTENTIONALLY DELETED
1.20 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023)
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (OCT 2022)
2.04 WAIVER OF RESTORATION (OCT 2023)
2.05 PAYMENT OF BROKER (OCT 2021) INTENTIONALLY DELETED
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2024)
2.07 REAL ESTATE TAX ADJUSTMENT (OCT 2023)
2.08 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022)
2.09 OPERATING COSTS ADJUSTMENT (JUN 2012) INTENTIONALLY DELETED
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)
2.11 RELOCATION ASSISTANCE ACT (APR 2011)
2.12 ENTITY NAME (OCT 2023)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 LABOR STANDARDS (OCT 2024)
3.02 WORK PERFORMANCE (JUN 2012)
3.03 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (OCT 2024)
3.04 CONSTRUCTION WASTE MANAGEMENT (OCT 2021)
3.05 WOOD PRODUCTS (OCT 2023)
3.06 ADHESIVES AND SEALANTS (OCT 2022)
3.07 BUILDING SHELL REQUIREMENTS (OCT 2016)
3.08 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (OCT 2022)
3.09 QUALITY AND APPEARANCE OF BUILDING (JUN 2012)
3.10 VESTIBULES (OCT 2020)
3.11 MEANS OF EGRESS (MAY 2015)
3.12 AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2023)
3.13 FIRE ALARM SYSTEM (SEP 2013)
3.14 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2024)
3.15 ELEVATORS (OCT 2020)
3.16 BUILDING DIRECTORY (OCT 2021)
3.17 FLAGPOLE (SEP 2013)
3.18 DEMOLITION (JUN 2012)
3.19 ACCESSIBILITY (OCT 2024)
3.20 CEILINGS (OCT 2022)
3.21 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP 2013)
3.22 DOORS: IDENTIFICATION (APR 2011)
3.23 WINDOWS (OCT 2020)
3.24 PARTITIONS: GENERAL (OCT 2023)
3.25 PARTITIONS: PERMANENT (OCT 2023)
3.26 INSULATION: THERMAL, ACOUSTIC, AND HVAC (OCT 2022)
3.27 WALL FINISHES – SHELL (SEP 2015)
3.28 PAINTING – SHELL (OCT 2022)
3.29 FLOORS AND FLOOR LOAD (OCT 2019)
3.30 FLOOR COVERING AND PERIMETERS – SHELL (OCT 2022)
3.31 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011)
LEASE NO. 36C25025L0003 PAGE 4 LESSOR: ________ GOVERNMENT: ________ L100
3.32 BUILDING SYSTEMS (APR 2011)
3.33 ELECTRICAL (OCT 2023)
3.34 ADDITIONAL ELECTRICAL CONTROLS (JUN 2012) INTENTIONALLY DELETED
3.35 PLUMBING (JUN 2012)
3.36 DRINKING FOUNTAINS (OCT 2023)
3.37 RESTROOMS (OCT 2022)
3.38 PLUMBING FIXTURES: WATER CONSERVATION (OCT 2022)
3.39 JANITOR CLOSETS (SEP 2015)
3.40 HEATING, VENTILATION, AND AIR CONDITIONING - SHELL (OCT 2023)
3.41 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (OCT 2023)
3.42 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (JUN 2012)
3.43 LIGHTING: INTERIOR AND PARKING - SHELL (OCT 2023)
3.44 ACOUSTICAL REQUIREMENTS (OCT 2022)
3.45 SECURITY FOR NEW CONSTRUCTION (OCT 2022)
3.46 SEISMIC SAFETY FOR NEW CONSTRUCTION (OCT 2020) INTENTIONALLY DELETED
3.47 FIRE PROTECTION FOR NEW CONSTRUCTION (APR 2015)
3.48 GREEN BUILDING RATING CERTIFICATION FOR NEW CONSTRUCTION (OCT 2016)
3.49 GREEN BUILDING RATING CERTIFICATION FOR TENANT INTERIORS (OCT 2023)
3.50 INDOOR AIR QUALITY DURING CONSTRUCTION (OCT 2021)
3.51 SYSTEMS COMMISSIONING (OCT 2023)
3.52 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS – LEASE (OCT 2023)
3.53 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - LEASE (SEP 2014)
SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE (OCT 2024)
4.02 CONSTRUCTION DOCUMENTS (OCT 2023)
4.03 TENANT IMPROVEMENTS PRICE PROPOSAL (OCT 2023) INTENTIONALLY DELETED
4.04 BUILDING SPECIFIC AMORTIZED CAPITAL (BSAC) PRICE PROPOSAL (OCT 2023) INTENTIONALLY DELETED
4.05 GREEN LEASE SUBMITTALS (OCT 2023)
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (OCT 2024)
4.07 PROGRESS REPORTS (OCT 2023)
4.08 CONSTRUCTION INSPECTIONS (OCT 2023)
4.09 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE (OCT 2022)
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (OCT 2021)
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION (OCT 2021)
4.12 AS-BUILT DRAWINGS (OCT 2021)
4.13 GSAR 552.270-15 LIQUIDATED DAMAGES (DEVIATION) (SEP 2022) INTENTIONALLY DELETED
4.14 SEISMIC RETROFIT (OCT 2020) INTENTIONALLY DELETED
4.15 LESSOR’S PROJECT MANAGEMENT RESPONSIBILITIES (OCT 2023)
4.16 GOVERNMENT PROJECT MANAGEMENT SYSTEM (OCT 2023)
SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS (OCT 2016)
5.02 TENANT IMPROVEMENT SPECIFICATIONS (SEP 2015) INTENTIONALLY DELETED
5.03 FINISH SELECTIONS (SEP 2015) INTENTIONALLY DELETED
5.04 WINDOW COVERINGS (OCT 2023)
5.05 DOORS: SUITE ENTRY (OCT 2022)
5.06 DOORS: INTERIOR (OCT 2022)
5.07 DOORS: HARDWARE (SEP 2013)
5.08 DOORS: IDENTIFICATION (JUN 2012)
5.09 PARTITIONS: SUBDIVIDING (OCT 2023)
5.10 WALL FINISHES (OCT 2019)
5.11 PAINTING – TI (OCT 2022)
5.12 FLOOR COVERINGS AND PERIMETERS (OCT 2023)
5.13 HEATING AND AIR CONDITIONING (JUN 2012)
5.14 ELECTRICAL: DISTRIBUTION (SEP 2015)
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (JUN 2012)
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008)
5.17 DATA DISTRIBUTION (OCT 2020)
5.18 ELECTRICAL, TELEPHONE, DATA FOR SYSTEMS FURNITURE (OCT 2022)
5.19 LIGHTING: INTERIOR AND PARKING – TI (SEP 2015)
5.20 AUTOMATIC FIRE SPRINKLER SYSTEM - TI (OCT 2016)
SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (OCT 2022)
6.02 UTILITIES (OCT 2024)
6.03 UTILITIES SEPARATE FROM RENTAL/BUILDING OPERATING PLAN (OCT 2020) INTENTIONALLY DELETED
6.04 GSAR 552.270-99 LESSOR REPORTING OF GREEN BUILDING EFFICIENCY (SEP 2023)
6.05 HEATING AND AIR CONDITIONING (OCT 2024)
VHACLEWaltoB Cross-Out
LEASE NO. 36C25025L0003 PAGE 5 LESSOR: ________ GOVERNMENT: ________ L100
6.06 OVERTIME HVAC USAGE (OCT 2023) INTENTIONALLY DELETED
6.07 PERIODIC LEASE ABOVE-STANDARD SERVICES (LASS) – OTHER THAN HVAC (OCT 2024)
6.08 JANITORIAL SERVICES (OCT 2021)
6.09 SELECTION OF CLEANING PRODUCTS (OCT 2022)
6.10 SELECTION OF PAPER PRODUCTS (OCT 2022)
6.11 SNOW REMOVAL (OCT 2020)
6.12 MAINTENANCE AND TESTING OF SYSTEMS (OCT 2022)
6.13 MAINTENANCE OF PROVIDED FINISHES (OCT 2016)
6.14 ASBESTOS ABATEMENT (OCT 2021)
6.15 ONSITE LESSOR MANAGEMENT (APR 2011)
6.16 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)
6.17 SCHEDULE OF PERIODIC SERVICES (OCT 2020)
6.18 LANDSCAPING (OCT 2022)
6.19 LANDSCAPE MAINTENANCE (APR 2011)
6.20 RECYCLING AND COMPOSTING (OCT 2023)
6.21 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)
6.22 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022)
6.23 INDOOR AIR QUALITY (OCT 2024)
6.24 RADON IN AIR (OCT 2023)
6.25 RADON IN WATER (JUN 2012)
6.26 HAZARDOUS MATERIALS (OCT 2023)
6.27 MOLD AND WATER INTRUSION (OCT 2023)
6.28 OCCUPANT EMERGENCY PLANS (OCT 2020)
6.29 FLAG DISPLAY (OCT 2016)
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY REQUIREMENTS (OCT 2021)
7.02 MODIFIED LEASE PARAGRAPHS (OCT 2016)
7.03 NO FEDERALLY ELECTED OFFICIALS TO BENEFIT (OCT 2023)
7.04 DAILY OCCUPANCY DATA (OCT 2021)
7.05 SWING SPACE – LEASE (OCT 2022 )INTENTIONALLY DELETED
LEASE NO. 36C25025L0003 PAGE 6 LESSOR: ________ GOVERNMENT: ________ L100
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (OCT 2024)
The Premises are described as follows:
A. Office and Related Space. XX rentable square feet (RSF), yielding 19,999 ANSI/BOMA Occupant 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 DIDs attached hereto as Exhibit A.
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.
C. INTENTIONALLY DELETED
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:
A. Parking. 125 parking spaces as depicted on the plan attached hereto as Exhibit D-Parking Plan, reserved for the exclusive use of the
Government, of which all of which shall be surface/outside parking spaces; and of which at least ten percent (10%) of parking spaces must be ADA compliant parking spaces, a minimum of one of every six spaces shall be van accessible. 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.
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.
1.03 RENT AND OTHER CONSIDERATION (OCT 2023)
A. The Government shall pay the Lessor annual rent, payable in monthly installments in arrears, at the following rates:
FIRM TERM NON FIRM TERM
ANNUAL RENT ANNUAL RENT
SHELL RENT1 $XXX,XXX.XX $XXX,XXX.XX
OPERATING COSTS2 $ XXX,XXX.XX $ XXX,XXX.XX
TOTAL ANNUAL RENT6 $XXX,XXX.XX $XXX,XXX.XX
1Shell rent reflects rental rates as follows:
(Firm Term) $XX per RSF, as rounded to the nearest penny.
(Non Firm Term) $XX per RSF, as rounded to the nearest penny.
2Operating Costs reflects a rate of $XX per RSF, as rounded to the nearest penny.
6Total Annual Rent does not reflect reduction for free rent (if applicable). See subparagraph C below.
B. INTENTIONALLY DELETED.
C. INTENTIONALLY DELETED.
D. INTENTIONALLY DELETED.
E. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance, not to exceed 19,999 ABOA SF based upon the methodology outlined under the “Payment” clause of GSA 3517, General Clauses.
F. INTENTIONALLY DELETED.
G. 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 or that month.
H. 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.
LEASE NO. 36C25025L0003 PAGE 7 LESSOR: ________ GOVERNMENT: ________ L100
I. Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration, the following:
(a)The leasehold interest in the Property described herein in the paragraph entitled “The Premises.”
(b) 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, subcontractor fees, attorney fees, permit fees, inspection fees, and similar such fees, and all related expenses.
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.
J. For succeeding Leases with an incumbent Lessor where the Government is currently in occupancy and possession of the leased Premises and where the Lease requires the Lessor to perform alterations using either the TIA or BSAC, the amortized tenant improvement rent and/or BSAC rent will not commence until the alterations are complete and accepted by the Government. Upon acceptance of these improvements, the Government will commence payment of the tenant improvement and/or BSAC rent as stipulated under the Lease, in addition to payment of the tenant improvement and/or BSAC rent for the period starting from the Lease Term Commencement Date to the date of tenant improvements/BSAC acceptance by the Government (such rent payment will not include any additional interest). Alternatively, the Government may elect to re-amortize the tenant improvements/BSAC over the remaining Firm Term of the Lease, at the amortization rate stipulated in the Lease. In the event the Government does not use all the TIA or BSAC, then the rental payments will be adjusted in accordance with the provisions of the Lease (e.g., de-amortization).
K. FSC Mandatory Electronic Invoice Submission – The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012, to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.
VA’s Electronic Invoice Presentment and Payment System utilizes a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Lessor shall register at HTTP://WWW.TUNGSTEN-NETWORK.COM/US/EN/VETERANS-AFFAIRS/ to be fully eligible and capable of submitting electronic invoices, free of charge, for payments other than rent, associated with this Lease.
L. Lessor shall establish the ability to accept payment from the VA via Government Purchase Card (GPC); which will mirror the ability to take payment via standard commercial business credit card(s). Any work offered under the regulatory established GPC threshold limits, shall be available for offer to and acceptance of the Lessor via this payment method.
M. The Lessor must have an established vendor account at the VA Customer Engagement Portal located at https://www.cep.fsc.va.gov/; and have submitted and established payment records with the VA Financial Services Center (FSC), via the modernized webform (VA10091) prior to the Lease Award Date; and at all times during the term of the lease.
N. Any non-firm term awarded under this lease shall commence automatically at the end of any awarded firm term. Any non-firm term will commence without any action or notice required by the VA or the Lessor. The non-firm term is not considered an option period; the non-firm term is being fully evaluated at the time of award by the VA; and commencement of the non-firm term requires no affirmative action, or approvals, by the VA, or the Lessor.
O. VA will only approve a novation of this Lease to another entity, subject to the requirements of the Anti-Assignment Act and FAR 42.12, once the original Lessor awarded the Lease has completed any TI buildout requirements, VA has accepted the space and the Lease has commenced.
1.04 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2016) INTENTIONALLY DELETED
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.
If the lessor is not the fee simple owner at the time of award, the parties agree that within 90 days after execution of this Lease, Lessor will demonstrate it has obtained satisfactory title showing fee simple ownership of the property. Fee simple title must be free of any encumbrances that may limit the rights, responsibilities, or liabilities of the parties to this Lease. Lessor’s failure to provide evidence of fee simple ownership within the specified timeframe shall give VA an immediate right to terminate the Lease for default. If a termination for default occurs due to the lessor’s failure to provide fee simple ownership within the specific timeframe, the lessor will not be entitled to any payment whatsoever arising under or related to the lease.
1.06 RENEWAL RIGHTS (OCT 2016) INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE (OCT 2023)
The following documents are attached to and made part of the Lease:
LEASE NO. 36C25025L0003 PAGE 8 LESSOR: ________ GOVERNMENT: ________ L100
DOCUMENT NAME NO. OF PAGES EXHIBIT
APPROVED DIDS A
AGENCY REQUIREMENTS B
JANITORIAL REQUIREMENTS C
PARKING PLAN D
TICS TABLE E
SECURITY REQUIREMENTS AND UNIT PRICE LIST F
GSA 3517B GENERAL CLAUSES G
APPROVED SMALL BUSINESS SUBCONTRACTING PLAN (IF APPLICABLE) H
DOL WAGE DETERMINATION I
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)
A. The Lessor has agreed to total TI pricing of $XX,XXX based on the approved DIDs included in Exhibit A.
B. The Government shall have the right to make lump sum payments for any or all work covered by the TI scope. Any part of the TI 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 TI. If the Government elects to make a lump sum payment for the TI after occupancy, the payment of the TI by the Government will result in a decrease in the rent according to the amortization rate over the Firm Term of the Lease.
1.09 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2024) INTENTIONALLY DELETED
1.10 BUILDING SPECIFIC AMORTIZED CAPITAL (SEP 2012) INTENTIONALLY DELETED
1.11 BUILDING SPECIFIC AMORTIZED CAPITAL RENTAL ADJUSTMENT (SEP 2013) INTENTIONALLY DELETED
1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2024)
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 XX 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 via email to a NCO 10 VA Contracting
Specialist; or Lease Contracting Officer.
1.13 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.
1.14 OPERATING COST BASE (OCT 2016)
The parties agree, for the purpose of applying the paragraph titled "Operating Costs Adjustment," that the Lessor's base rate for operating costs shall be $XX.XX per RSF.
1.15 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.
1.16 HOURLY OVERTIME HVAC RATES (OCT 2016) INTENTIONALLY DELETED
1.17 PERIODIC LEASE ABOVE-STANDARD SERVICES (LASS) RATES – OTHER THAN HVAC (OCT 2024) INTENTIONALLY DELETED
1.18 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: [7AM to 5 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.
1.19 BUILDING IMPROVEMENTS (OCT 2023) INTENTIONALLY DELETED
LEASE NO. 36C25025L0003 PAGE 9 LESSOR: ________ GOVERNMENT: ________ L100
1.20 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
Lessor’s Unique Entity Identifier (UEI)
UEI: XXXXXXXXXXXX
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023)
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. General Contract Terms.
1. "Contract” means lease.
2. "Contractor” means Lessor.
3. “Days” means calendar days, unless specified otherwise.
4. “Delivery Date” means the date specified in or determined pursuant to the provisions of the lease for delivery of the premises to the
Government, improved in accordance with the provisions of the lease and substantially complete, as such date may be modified in accordance with the provisions of the lease.
5. “Excusable Delays” mean delays arising without the fault or negligence of Lessor and Lessor’s subcontractors and suppliers at any tier, and shall include, without limitation:
a. Acts of God or of the public enemy,
b. Acts of the United States of America in either its sovereign or contractual capacity,
c. Acts of another contractor in the performance of a contract with the Government,
d. Fires,
e. Floods,
f. Epidemics,
g. Quarantine restrictions,
h. Strikes,
i. Freight embargoes,
j. Unusually severe weather, or
k. Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.
6. “Lease Award Date” means the date the LCO executes the lease and furnishes written notification of the executed lease to the successful offeror (usually the date on which the parties’ obligations under the lease begin).
7. "Lease Term Commencement Date” means the date on which the lease term commences.
8. “Substantially Complete” or “Substantial Completion” means that the work, the common and other areas of the building, and all other things necessary for the Government’s access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. The space shall be considered substantially complete only if the space may be used for its intended purpose.
9. “Work” means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this lease.
B. Real Property Terms.
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1. “ANSI/BOMA” is an acronym for American National Standards Institute/Building Owners and Managers Association.
2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
3. “Appurtenant Areas” means those areas and facilities on the property that are not located within the premises, or 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 (e.g., parking areas).
4. “Broker” means VA’s broker, if VA awarded this lease using a contract real estate broker.
5. “Building” means building(s) situated on the property in which the premises are located.
6. “Commission Credit” means the amount of commission that is credited to the lease, if VA’s broker agreed to forgo a percentage of its commission, in connection with the award of this lease.
7. “Common Area Factor (CAF)” means a conversion factor determined and applied by the building owner to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. The CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
8. “Firm Term” means the part of the lease term that is not subject to termination rights.
9. “Non-Firm Term” means the part of the lease term following the end of the firm term, which is subject to termination rights.
10. “Premises” means the total occupant area or other type of space, together with all associated common areas described in the lease.
Appurtenant areas (e.g., parking areas) to which the Government has rights under this lease are not included in the premises.
11. “Property” means the land and buildings in which the premises are located, including all appurtenant areas (e.g., parking areas) to which the Government is granted rights.
12. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the building owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus the CAF, for each type of space included in the premises.
13. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of space.
Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its Lease Contracting Officer (LCO) by notice, without an express delegation by the prior LCO.
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (OCT 2022)
A. The Government may request the Lessor to provide alterations during the term of the Lease. Alterations will be ordered by issuance of a Lease
Amendment, GSA Form 300, Order for Supplies or Services, or a tenant agency-approved form when specifically authorized to do so by the LCO. The General Services Administration Acquisition Manual (“GSAM”) clause, 552.270-31, Prompt Payment, including its invoice requirements, shall apply to orders for alterations. All orders are subject to the terms and conditions of this Lease and may be placed by the LCO or a warranted contracting officer’s representative (COR) in GSA or the tenant agency when specifically authorized to do so by the LCO, subject to the threshold limitation below.
B. Orders for alterations will only be issued by the LCO or an authorized member of the VA Contracting office, unless being placed by an authorized government purchase card (GPC) holder, being placed within the thresholds established under GPC regulations. (SEE Lease Section 1.03(L)) C.
D. The Lessor may be required to use the Government’s project management system, as outlined in Lease paragraph entitled “Government Project
Management System.”
E. Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph B will be made directly by the tenant agency placing the order.
2.04 WAIVER OF RESTORATION (OCT 2023)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:
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A. Waste, or, B. Damages, or restoration arising from or related to:
1. The Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
2. Any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the
Government.
At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
2.05 PAYMENT OF BROKER (OCT 2021) INTENTIONALLY DELETED
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2024)
A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal name, the Lessor and its successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred, the Lessor shall notify the Government within five days of the transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal name, and the Government's and the Lessor's respective rights and obligations remain unaffected.
C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the Transferee. When executed on behalf of the Government, a Novation Agreement will be made part of the Lease via Lease Amendment.
D. In addition to all documents required by FAR 42.1204, the LCO may request additional information (e.g., copy of the deed, bill of sale, certificate of merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or Transferee to verify the parties' representations regarding the transfer, and to determine whether the transfer of the Lease is in the Government's interest.
E. If the LCO determines that recognizing the Transferee as the Lessor will not be in the Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall the Government be obligated to release the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to the Government under the Lease that have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must register in the System for Award
Management (SAM) for purposes of “All Awards” (See FAR 52.232-33), and complete all required representations and certifications within SAM.
In addition, for leases FSL III or above, the Transferee must also complete 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space. This representation must be completed annually.
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject to the Government's rights as provided for in this
Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Lease Amendment incorporating the Novation Agreement. The Lease Amendment will not be issued until the Government has received all information reasonably required by the LCO, the Government has determined that recognizing the Transferee as the Lessor is in the Government's interest (which determination will be prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub-paragraph F. The original Lessor must maintain an active registration in SAM until the Novation process is complete.
H. Upon the transfer, sale, or assignment of the any of the shares/interest(s) underlying the corporate entity awarded the Lease, including but not limited to the underlying Limited Liability Company, Joint Venture, Limited Partnership, or other, the Lessor must notify the LCO with seven (7) business days of the transaction(s); and the notification must include all underlying documentation ( e.g. certificate of merger, contract, court decree, articles of incorporation, operation agreement, change of signatory authority, partnership certificate of good standing, etc.) evidencing the transaction. VA and Lessor recognize that a transaction under Section 2.06 (H) would not require a formal Novation agreement, as the transfer of share/interest in the underlying corporate entity awarded the Lease would not involve title to the Property being transferred; nor a change in the Lessor’s legal name.
2.07 REAL ESTATE TAX ADJUSTMENT (OCT 2023)
A. Purpose. This paragraph provides for adjustment in the rent (tax adjustment) to account for increases or decreases in Real Estate Taxes for the
Property after the establishment of the Real Estate Tax Base, as those terms are defined herein. Tax adjustments shall be calculated in accordance with this paragraph.
B. Definitions. The following definitions apply to the use of the terms within this paragraph:
1. Property is defined as the land and Buildings in which the Premises are located, including all Appurtenant Areas (e.g., parking areas to which the Government is granted rights).
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2. Real Estate Taxes are those taxes that are levied upon the owners of real property by a Taxing Authority (as hereinafter defined) of a state or local Government on an ad valorem basis to raise general revenue for funding the provision of government services. The term excludes, without limitation, special assessments for specific purposes, assessments for business improvement districts, and/or community development assessments.
3. Taxing Authority is a state, commonwealth, territory, county, city, parish, or political subdivision thereof, authorized by law to levy, assess, and collect Real Estate Taxes.
4. Tax Year refers to the 12-month period adopted by a Taxing Authority as its fiscal year for assessing Real Estate Taxes on an annual basis.
5. Tax Abatement is an authorized reduction in the Lessor's liability for Real Estate Taxes below that determined by applying the generally applicable real estate tax rate to the Fully Assessed (as hereinafter defined) valuation of the Property.
6. Unadjusted Real Estate Taxes are the full amount of Real Estate Taxes that would be assessed for the Property for one full Tax Year without regard to the Lessor's entitlement to any Tax Abatements (except if such Tax Abatement came into effect after the date of award of the Lease), and not including any late charges, interest or penalties. If a Tax Abatement comes into effect after the date of award of the Lease, "unadjusted Real Estate Taxes" are the full amount of Real Estate Taxes assessed for the Property for one full Tax Year, less the amount of such Tax Abatement, and not including any late charges, interest, or penalties.
7. Real Estate Tax Base is the unadjusted Real Estate Taxes for the first full Tax Year following the commencement of the Lease term. If the Real Estate Taxes for that Tax Year are not based upon a Full Assessment of the Property, then the Real Estate Tax Base shall be the Unadjusted Real Estate Taxes for the Property for the first full Tax Year for which the Real Estate Taxes are based upon a Full Assessment. Such first full Tax Year may be hereinafter referred to as the Tax Base Year. Alternatively, the Real Estate Tax Base may be an amount negotiated by the parties that reflects an agreed upon base for a Fully Assessed value of the Property.
8. The Property is deemed to be Fully Assessed (and Real Estate Taxes are deemed to be based on a Full Assessment) only when a
Taxing Authority has, for the purpose of determining the Lessor's liability for Real Estate Taxes, determined a value for the Property taking into account the value of all improvements contemplated for the Property pursuant to the Lease, and issued to the Lessor a tax bill or other notice of levy wherein the Real Estate Taxes for the full Tax Year are based upon such Full Assessment. At no time prior to the issuance of such a bill or notice shall the Property be deemed Fully Assessed.
9. Percentage of Occupancy refers to that portion of the Property exclusively occupied or used by the Government pursuant to the Lease.
For Buildings, the Percentage of Occupancy is determined by calculating the ratio of the RSF occupied by the Government pursuant to the Lease to the total RSF in the Building or Buildings so occupied and shall not take into account the Government's ancillary rights including, but not limited to, parking or roof space for antennas (unless facilities for such ancillary rights are separately assessed). This percentage shall be subject to adjustment to take into account increases or decreases for Space leased by the Government or for rentable space on the Property.
C. Adjustment for changes in Real Estate Taxes. After the Property is Fully Assessed, the Government shall pay its share of any increases and shall receive its share of any decreases in the Real Estate Taxes for the Property, such share of increases or decreases to be referred to herein as "tax adjustment." The amount of the tax adjustment shall be determined by multiplying the Government's Percentage of Occupancy by the difference between the current year Unadjusted Real Estate Taxes and the Real Estate Tax Base, less the portion of such difference not paid due to a Tax Abatement (except if a Tax Abatement comes into effect after the date of award of the Lease). If a Tax Abatement comes into effect after the date of award of the Lease, the amount of the tax adjustment shall be determined by multiplying the Government's Percentage of Occupancy by the difference between the current year Unadjusted Real Estate Taxes and the Real Estate Tax Base. The Government shall pay the tax adjustment in a single annual lump sum payment to the Lessor. In the event that this tax adjustment results in a credit owed to the Government, the Government may elect to receive payment in the form of a rental credit or lump sum payment.
1. If the Property contains more than one separately assessed parcel, then more than one tax adjustment shall be determined based upon the Percentage of Occupancy, Real Estate Tax Base, and Real Estate Taxes for each respective parcel.
2. After commencement of the Lease term, the Lessor shall provide to the LCO copies of all real estate tax bills for the Property, all documentation of Tax Abatements, credits, or refunds, if any, and all notices which may affect the assessed valuation of the Property, for the Tax Year prior to the commencement of the Lease Term, and all such documentation for every year following. Lessor acknowledges that the LCO shall rely on the completeness and accuracy of these submissions in order to establish the Real Estate Tax Base and to determine tax adjustments. The LCO may memorialize the establishment of the Real Estate Tax Base by issuing a unilateral administrative lease amendment indicating the base year, the amount of the Real Estate Tax Base, and the Government's Percentage of Occupancy.
3. The Real Estate Tax Base is subject to adjustment when increases or decreases to Real Estate Taxes in any Tax Year are attributable to (a) improvements or renovations to the Property not required by this Lease, or (b) changes in net operating income for the Property not derived from this Lease. If either condition results in a change to the Real Estate Taxes, the LCO may re-establish the Real Estate Tax Base as the Unadjusted Real Estate Taxes for the Tax Year the Property is reassessed under such condition, less the amount by which the Unadjusted Real Estate Taxes for the Tax Year prior to reassessment exceeds the prior Real Estate Tax Base.
4. If this Lease includes any options to renew the term of the Lease, or be otherwise extended, the Real Estate Tax Base for determining tax adjustments during the renewal term or extension shall be the last Real Estate Tax Base established during the base term of the Lease.
LEASE NO. 36C25025L0003 PAGE 13 LESSOR: ________ GOVERNMENT: ________ L100
5. If any Real Estate Taxes for the Property are retroactively reduced by a Taxing Authority during the term of the Lease, the Government shall be entitled to a proportional share of any tax refunds to which the Lessor is entitled, calculated in accordance with this Paragraph.
Lessor acknowledges that it has an affirmative duty to disclose to the Government any decreases in the Real Estate Taxes paid for the Property during the term of the Lease. Lessor shall annually provide to the LCO all relevant tax records for determining whether a tax adjustment is due, irrespective of whether it seeks an adjustment in any Tax Year.
6. If the Lease terminates before the end of a Tax Year, or if rent has been suspended, payment for the real estate tax increase due because of this section for the Tax Year will be prorated based on the number of days that the Lease and the rent were in effect. Any credit due the Government after the expiration or earlier termination of the Lease shall be made by a lump sum payment to the Government or as a rental credit to any succeeding Lease, as determined in the LCO's sole discretion. Lessor shall remit any lump sum payment to the Government within 15 calendar days of payment or credit by the Taxing Authority to Lessor or Lessor’s designee. If the credit due to the Government is not paid by the due date, interest shall accrue on the late payment at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978, as amended (41 USC § 611), that is in effect on the day after the due date. The interest penalty shall accrue daily on the amount of the credit and shall be compounded in 30-day increments inclusive from the first day after the due date through the payment date. The Government shall have the right to pursue the outstanding balance of any tax credit using all such collection methods as are available to the United States to collect debts. Such collection rights shall survive the expiration of this Lease.
7. In order to obtain a tax adjustment, the Lessor shall furnish the LCO with copies of all paid tax receipts, or other similar evidence of payment acceptable to the LCO, and a proper invoice (as described in GSA 3517, General Clauses, 552.270-31, Prompt Payment) for the requested tax adjustment, including the calculation thereof. All such documents must be received by the LCO within 60 calendar days after the last date the real estate tax payment is due from the Lessor to the Taxing Authority without payment of penalty or interest.
FAILURE TO SUBMIT THE PROPER INVOICE AND EVIDENCE OF PAYMENT WITHIN SUCH TIME FRAME SHALL CONSTITUTE A WAIVER OF THE LESSOR’S RIGHT TO RECEIVE A TAX ADJUSTMENT PURSUANT TO THIS PARAGRAPH FOR THE TAX YEAR
AFFECTED.
D. Tax Appeals. If the Government occupies more than 50 percent of the Building by virtue of this and any other Government Lease(s), the
Government may, upon reasonable notice, direct the Lessor to initiate a tax appeal, or the Government may elect to contest the assessed valuation on its own behalf or jointly on behalf of Government and the Lessor. If the Government elects to contest the assessed valuation on its own behalf or on behalf of the Government and the Lessor, the Lessor shall cooperate fully with this effort, including, without limitation, furnishing to the Government information necessary to contest the assessed valuation in accordance with the filing requirements of the Taxing Authority, executing documents, providing documentary and testimonial evidence, and verifying the accuracy and completeness of records. If the Lessor initiates an appeal at the direction of the Government, the Government shall have the right to approve the selection of counsel who shall represent the Lessor with regard to such appeal, which approval shall not be unreasonably withheld, conditioned or delayed, and the Lessor shall be entitled to a credit in the amount of its reasonable expenses in pursuing the appeal.
2.08 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022)
(a) If the Government fails to occupy any portion of the leased premises or vacates the premises in whole or in part prior to expiration of the term of the lease, the rental rate and the base for operating cost adjustments will be reduced using the figure specified in the “Rate for Adjustment for Vacant Leased Premises” paragraph of this Lease.
(b) If no rate reduction has been established in this lease, the rate will be reduced by that portion of the costs per ABOA square foot of operating expenses not required to maintain the space.
(c) Said reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the
G…
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