3d. WA Lake Stevens RLP Amendment 6 FINAL 09092024.pdf

Except as provided herein, all terms and conditions in the solicitation remain unchanged and in full effect

II. ACKNOWLDEGEMENT OF AMENDMENT

I n l i e u o f o t he r w r i t t en m e t h od s o f ac k n ow l ed g em e n t , t h e o f f e r o r m ay c om p l e t e B l oc k 9 an d 10 an d r e t u r n t h i s am e ndm e n t t o t h e a dd r es s i n B l oc k 5 .

9. NAME AND ADDRESS OF OFFEROR 10A. OFFEROR (Signature of person authorized to sign)

10B. NAME OF SIGNER

10C. TITLE OF SIGNATURE

10D. DATE

AUTHORIZED FOR LOCAL REPRODUCTION OPTIONAL FORM 309 (9-97)

Prescribed by GSA – FAR (48 CFR) 53.215-1(g)

AMENDMENT OF SOLICITATION

(Negotiated Procurements)

PAGE of PAGES

NOTICE: O f fe ro rs mus t acknowledge rece ip t o f th i s amendment i n wr i t i ng by the da te and t ime spec i f i ed fo r p roposa l submiss ions o r the da te and t ime spec i f i ed i n B lock 6 , wh ichever i s l a te r . IF YOUR ACKNOWLEDGEMENT IS NOT RECEIVED AT THE DESIGNATED LOCATION BY THE SPECIFIED DATE AND T IME, YOUR OFFER MAY BE REJECTED. I f by v i r tue o f th i s amendment you w ish to change your o f fe r , such change mus t make re fe rence to the so l i c i t a t i on and th i s amendment and be rece i ved p r i o r to the da te and t ime spec i f ied i n B lock 6 .

I. AMENDMENT

1. SOLICITATION NUMBER 2. SOLICITATION DATE 3. AMENDMENT NUMBER 4. AMENDMENT DATE

57-53061-22-NR

5/6/22 6 09/09/2024

5. ISSUED BY 6. DUE DATE

United States Department of Agriculture Real Property Lease Acquisition 1400 Independence Ave SE Washington, DC 20250

THIS AMENDMENT DOES NOT CHANGE THE DATE BY WHICH OFFERS ARE

DUE UNLESS A DATE AND TIME IS INSERTED BELOW

A. DATE B. TIME

7. FOR INFORMATION CALL (No collect calls)

A. NAME B. TELEPHONE C. EMAIL ADDRESS

Korinna Garbis

AREA CODE PHONE NUMBER

Korinna.garbis@usda.gov 202 720-5297

8. DESCRIPTION OF AMENDMENT

IN THE SOLICITATION PACKAGE, ‘EXHIBIT A- LEASE L100 (Dated 01/22)’ IS HEREBY DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING ‘EXHIBT A- LEASE L100 (Dated 10/2023)’

------------------------------------------------------------------- END OF RLP CHANGES --------------------------------------------------------------------

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:

Signature: ____________________________________________

Name: ____________________________________________

Title: ____________________________________________

Entity: ____________________________________________

Date: ____________________________________________

FOR THE GOVERNMENT:

Signature: ______________________________________________

Title: Lease Contracting Officer

United States Department of Agriculture

WITNESSED FOR THE LESSOR BY:

Signature: _____________________________________________

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. 57-53061-22-NR, PAGE 1

DWA05606-001

GSA TEMPLATE L100

REV (10/23)

LEASE NO. 57-53061-22-NR

Global Lease– UPDATED MACROS

GSA TEMPLATE L100 (10/2023)

FPAC TEMPLATE L100 V1 (OCT 2023)

A. This Lease is made and entered into between

Snohomish Conservation Dist

(Lessor), whose principal place of business is 528 91st AVE Lake Stevens, WA 98258, 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 Agriculture (USDA), 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

3202 91st AVE SE Lake Stevens, WA 98258 and more fully described in Section 1 and Exhibit B, together with rights to the use of parking and other areas as set forth herein, to be used for such purposes as determined by USDA.

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

20 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.

LEASE NO. 57-53061-22-NR, PAGE 2

LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 5

1.1 THE PREMISES (OCT 2022)

1.2 EXPRESS APPURTENANT RIGHTS (SEP 2013)

1.3 RENT AND OTHER CONSIDERATION (OCT 2023)

1.4 INTENTIONALLY DELETED

1.5 TERMINATION RIGHTS (OCT 2016)

1.6 INTENTIONALLY DELETED

1.7 DOCUMENTS INCORPORATED IN THE LEASE (OCT 2023)

1.8 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)

1.9 INTENTIONALLY DELETED

1.10 INTENTIONALLY DELETED

1.11 INTENTIONALLY DELETED

1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2023)

1.13 INTENTIONALLY DELETED

1.14 OPERATING COST BASE (OCT 2016)

1.15 INTENTIONALLY DELETED

1.16 INTENTIONALLY DELETED

1.17 INTENTIONALLY DELETED

1.18 BUILDING IMPROVEMENTS (OCT 2023)

1.19 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)

SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS

2.1 DEFINITIONS AND GENERAL TERMS (OCT 2023)

2.2 AUTHORIZED REPRESENTATIVES (OCT 2016)

2.3 ALTERATIONS REQUESTED BY THE GOVERNMENT (OCT 2022)

2.4 WAIVER OF RESTORATION (OCT 2023)

2.5 INTENTIONALLY DELETED

2.6 CHANGE OF OWNERSHIP/NOVATION (OCT 2021)

2.7 REAL ESTATE TAX ADJUSTMENT (OCT 2023)

2.8 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022)

2.9 OPERATING COSTS ADJUSTMENT (JUN 2012)

2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)

2.11 INTENTIONALLY DELETED

2.12 ENTITY NAME (OCT 2023)

SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS

3.1 LABOR STANDARDS (OCT 2022)

3.2 WORK PERFORMANCE (JUN 2012)

3.3 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (OCT 2019)

3.4 INTENTIONALLY DELETED

3.5 WOOD PRODUCTS (OCT 2023)

3.6 ADHESIVES AND SEALANTS (OCT 2022)

3.7 BUILDING SHELL REQUIREMENTS (OCT 2016)

3.8 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (OCT 2022)

3.9 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 (MAR 2016)

3.15 INTENTIONALLY DELETED

3.16 BUILDING DIRECTORY (OCT 2021)

3.17 FLAGPOLE (SEP 2013)

3.18 DEMOLITION (JUN 2012)

3.19 ACCESSIBILITY (FEB 2007)

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)

3.32 BUILDING SYSTEMS (APR 2011)

3.33 ELECTRICAL (OCT 2023)

LEASE NO. 57-53061-22-NR, PAGE 3

3.34 INTENTIONALLY DELETED

3.35 PLUMBING (JUN 2012)

3.36 DRINKING FOUNTAINS (OCT 2023)

3.37 RESTROOMS (OCT 2022)

3.38 INTENTIONALLY DELETED

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 INTENTIONALLY DELETED

3.46 SEISMIC SAFETY FOR NEW CONSTRUCTION (OCT 2020)

3.47 FIRE PROTECTION FOR NEW CONSTRUCTION (APR 2015)

3.48 INTENTIONALLY DELETED

3.49 INTENTIONALLY DELETED

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 INTENTIONALLY DELETED

SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES

4.1 SCHEDULE FOR COMPLETION OF SPACE (OCT 2023)

4.2 CONSTRUCTION DOCUMENTS (OCT 2023)

4.3 INTENTIONALLY DELETED

4.4 INTENTIONALLY DELETED

4.5 GREEN LEASE SUBMITTALS (OCT 2023)

4.6 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (OCT 2022)

4.7 PROGRESS REPORTS (OCT 2023)

4.8 CONSTRUCTION INSPECTIONS (OCT 2023)

4.9 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 INTENTIONALLY DELETED

4.14 INTENTIONALLY DELETED

4.15 LESSOR’S PROJECT MANAGEMENT RESPONSIBILITIES (OCT 2023)

4.16 GOVERNMENT PROJECT MANAGEMENT SYSTEM (OCT 2023)

SECTION 5 TENANT IMPROVEMENT COMPONENTS

5.1 TENANT IMPROVEMENT REQUIREMENTS (OCT 2016)

5.2 INTENTIONALLY DELETED

5.3 FINISH SELECTIONS (SEP 2015)

5.4 WINDOW COVERINGS (OCT 2023)

5.5 DOORS: SUITE ENTRY (OCT 2022)

5.6 DOORS: INTERIOR (OCT 2022)

5.7 DOORS: HARDWARE (SEP 2013)

5.8 DOORS: IDENTIFICATION (JUN 2012)

5.9 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

6.1 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (OCT 2022)

6.2 UTILITIES (OCT 2022)

6.3 INTENTIONALLY DELETED

6.4 INTENTIONALLY DELETED

6.5 HEATING AND AIR CONDITIONING (OCT 2022)

6.6 INTENTINOALLY DELETED

6.7 JANITORIAL SERVICES (OCT 2021)

LEASE NO. 57-53061-22-NR, PAGE 4

6.8 INTENTIONALLY DELETED

6.9 INTENTIONALLY DELETED

6.10 SNOW REMOVAL (OCT 2020)

6.11 MAINTENANCE AND TESTING OF SYSTEMS (OCT 2022)

6.12 MAINTENANCE OF PROVIDED FINISHES (OCT 2016)

6.13 INTENTIONALLY DELETED

6.14 ONSITE LESSOR MANAGEMENT (APR 2011)

6.15 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)

6.16 SCHEDULE OF PERIODIC SERVICES (OCT 2020)

6.17 INTENTIONALLY DELETED

6.18 LANDSCAPE MAINTENANCE (APR 2011)

6.19 RECYCLING AND COMPOSTING (OCT 2023)

6.20 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)

6.21 INTENTIONALLY DELETED

6.22 INDOOR AIR QUALITY (OCT 2023)

6.23 RADON IN AIR (OCT 2023)

6.24 RADON IN WATER (JUN 2012)

6.25 HAZARDOUS MATERIALS (OCT 2023)

6.26 MOLD AND WATER INTRUSION (OCT 2023)

6.27 OCCUPANT EMERGENCY PLANS (OCT 2020)

6.28 FLAG DISPLAY (OCT 2016)

SECTION 7 ADDITIONAL TERMS AND CONDITIONS

7.1 SECURITY REQUIREMENTS (OCT 2021)

7.2 MODIFIED LEASE PARAGRAPHS (OCT 2016)

7.3 INTENTIONALLY DELETED

7.4 INTENTIONALLY DELETED

7.5 INTENTIONALLY DELETED

7.6 INTENTIONALLY DELETED

LEASE NO. 57-53061-22-NR, PAGE 5

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.1 THE PREMISES (OCT 2022)

The Premises are described as follows:

A. Office and Related Space. 2,404 rentable square feet (RSF), yielding 2,150 ANSI/BOMA Occupant Area (ABOA) square feet (SF) of office and related Space located on the 1st floor(s) depicted on the floor plan(s) attached hereto as Exhibit A.

B. Common Area Factor. The Common Area Factor (CAF), defined under Section 2 of the Lease, is established as 11.81 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

1.2 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. Parking spaces as depicted on the plan attached hereto as Exhibit B and further itemized below, shall be surface/outside parking spaces.

1. 3 parking spaces located on Premises and near main entrance for customer/visitor vehicle parking, reserved for the exclusive use of the Government.

2. 8 parking spaces for employee vehicle parking. Employee parking spaces can be located on the Premises or within three-hundred

(300) feet from the Premises and does not have to be reserved for the exclusive use of the Government.

B. 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.

C. INTENTIONALLY DELETED

1.3 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:

YEAR 1 - 5 YEAR 6-10 YEAR 11 - 15 YEAR 16 - 20

ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT

SHELL RENT1 $72,120.00

$72,120.00 $86,544.00 $95,198.40

OPERATING COSTS2 $ 11,419.00 $ 11,419.00 $ 11,419.00 $ 11,419.00

TENANT IMPROVEMENTS RENT3 $ 112,699.52 $0.00 $ 0.00 $0.00

TOTAL ANNUAL RENT6 $196,238.52 $83,539.00 $97,963.00

$106,617.40 1Shell rent reflects rental rates as follows:

(Firm Term Years 1-5) $30.00 per RSF, as rounded to the nearest penny.

(Non Firm Term Years 11-15) $36.00 per RSF, as rounded to the nearest penny.

(Non Firm Term Years 16-20) $39.60 per RSF, as rounded to the nearest penny.

2Operating Costs reflects a rate of $4.75 per RSF, as rounded to the nearest penny.

3Tenant Improvements of $463,131.00 are amortized at a rate of 8 percent per annum over 5 years.

B. INTENTIONALLY DELETED

D. In instances where the Lessor amortizes TI 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.

E. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance, not to exceed 2,150 ABOA SF based upon the methodology outlined under the “Payment” clause of GSA 3517, General Clauses.

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.

LEASE NO. 57-53061-22-NR, PAGE 6

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, subcontractor fees, attorney fees, permit fees, inspection fees, and similar such fees, and all related expenses.

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.

K. INTENTIONALLY DELETED

1.4 INTENTIONALLY DELETED

1.5 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 120 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.

1.6 INTENTIONALLY DELETED

A. Termination rights outlined in the “Termination Rights” paragraph apply to all renewal terms.

1.7 DOCUMENTS INCORPORATED IN THE LEASE (OCT 2023)

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

DOCUMENT NAME NO. OF PAGES EXHIBIT

FLOOR PLAN(S) 1 A

PARKING PLAN(S) 2 B

USDA AGENCY REQUIREMENTS (ASRS) 10 C

USDA OCIO-IT REQUIREMENTS 11 D

USDA SIGNAGE REQUIREMENTS 11 E

TENANT IMPROVEMENT COST SUMMARY LIST (TICS TABLE) 1 F

SECURITY REQUIREMENTS 5 G

GSA 3517B GENERAL CLAUSES 23 H

SEISMIC FORM C, BUILDING RETROFIT OR NEW CONSTRUCTION 1 I

DOL WAGE DETERMINATION 12 J

REVISION(S) TO LEASE ISSUED UNDER RLP AMENDMENT NUMBER(S) 1-5 17 K

1.8 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)

A. The Lessor has agreed to total TI pricing of $463,131.00 based on the Agency’s Requirements and design schematic included in Exhibit A.

This amount is amortized in the rent over the Firm Term of this Lease at an interest rate of 8 percent per year.

B. INTENTIONALLY DELETED

C. The Government may elect to make lump sum payments for any or all work covered by the TI scope. That 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.

1.9 INTENTIONALLY DELETED

LEASE NO. 57-53061-22-NR, PAGE 7

1.10 INTENTIONALLY DELETED

1.11 INTENTIONALLY DELETED

1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2023)

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 22.88 percent. The Percentage of Occupancy is derived by dividing the total Government Space of 2,404 RSF by the total Building space of 10,509 RSF. The tax parcel number is 00581700000907.

B. All relevant tax adjustment documentation (e.g., copies of paid tax receipts, invoices) must be submitted to USDA Lease Operations.

1.13 INTENTIONALLY DELETED

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 $4.75 per RSF.

1.15 INTENTIONALLY DELETED

1.16 INTENTIONALLY DELETED

1.17 INTENTIONALLY DELETED

1.18 BUILDING IMPROVEMENTS (OCT 2023)

Before the Government accepts the Space, the Lessor shall complete the following additional Building improvements, as part of shell rent:

A. __See Exhibit C, ASRs_

1.19 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)

Lessor’s Unique Entity Identifier (UEI)

UEI: CA3LBF7KWND3

LEASE NO. 57-53061-22-NR, PAGE 8

SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS

2.1 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.

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.

LEASE NO. 57-53061-22-NR, PAGE 9

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 USDA’s broker, if USDA 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 USDA’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.

2.2 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.

2.3 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, 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 USDA or the tenant agency when specifically authorized to do so by the LCO, subject to the threshold limitation below.

B. Orders for alterations issued by an authorized COR are limited to no more than $250,000 (LCOs are not subject to this threshold). This threshold will change according to future adjustments of the simplified acquisition threshold (see FAR 2.101). The LCO will provide the Lessor with a list of tenant agency officials authorized to place orders and will specify any limitations on the authority delegated to tenant agency officials. The tenant agency officials are not authorized to deal with the Lessor on any other matters.

C. The Lessor may be required to use the Government’s project management system, as outlined in Lease paragraph entitled “Government Project

Management System.”

D. 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.

2.4 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:

A. Waste, or, B. Damages, or restoration arising from or related to:

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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

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.

2.5 INTENTIONALLY DELETED

2.6 CHANGE OF OWNERSHIP/NOVATION (OCT 2021)

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.

2.7 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).

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.

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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.

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

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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.

2.8 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

Government occupies the vacant premises or the lease expires or is terminated.

2.9 OPERATING COSTS ADJUSTMENT (JUN 2012)

A. Beginning with the second year of the Lease and each year thereafter, the Government shall pay annual incremental adjusted rent for changes in costs for cleaning services, supplies, materials, maintenance, trash removal, landscaping, water, sewer charges, heating, electricity, and certain administrative expenses attributable to occupancy.

B. The amount of adjustment will be determined by the LCO, based on the Lessor’s receipts or paid invoices for items attributable to Operating

Costs from the prior 12-month period. The Lessor shall submit an updated GSA Form 1217 that shows the changed costs from the previous Operating Costs being paid by the Government. The LCO, at their discretion, will calculate the actual changes to Operating Costs and the price per RSF that should be paid by the Government going forward. A Lease Amendment will be issued by the LCO to memorialize any change.

D. If the Government exercises an option to extend the Lease term at the same rate as that of the original term, the option price will be based on the adjustment during the original term. Annual adjustments will continue.

2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)

A. Within 10 days after Lease award, the Lessor shall provide to the LCO (or representative designated by the LCO) evidence of:

1. A firm commitment of funds in an amount sufficient to perform the work.

2. If award is contingent upon Lessor’s purchase of the property, provide proof of purchase/ownership.

3. The names of at least two proposed construction contractors, as well as evidence of the contractors’ experience, competency, and performance capabilities with construction similar in scope to that which is required herein.

4. The license or certification to practice in the state where the Building is located from the individual(s) and/or firm(s) providing architectural and engineering design services.

B. The Government shall have the right to withhold approval of design intent drawings (DIDs) until the conditions specified in sub-paragraph A has been satisfied.

C. Within ten (10) calendar days after the LCO issues the Notice To Proceed (NTP) for TI construction, the Lessor shall provide to the LCO evidence of:

1. Award of a construction contract for TIs with a firm completion date. This date must be in accordance with the construction schedule for TIs as described in the “Schedule for Completion of Space” paragraph of this Lease.

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2. Issuance of required permits for construction of the TIs.

2.11 INTENTIONALLY DELETED

2.12 ENTITY NAME (OCT 2023)

Lessor may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, USDA, in its entity name that owns and/or leases Space to USDA.

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SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS

3.1 LABOR STANDARDS (OCT 2022)

A. If the Lessor proposes to satisfy the requirements of this Lease through the construction of a new Building or the complete rehabilitation or reconstruction of an existing Building, and the Government will be the sole or predominant tenant such that any other use of the Building will be functionally or quantitatively incidental to the Government’s use and occupancy, the following FAR clauses shall apply to all work (including shell and TIs) performed prior to the Government's acceptance of space as substantially complete. Full text versions of these clauses are available upon request from the LCO. Full text versions are also available at HTTPS://WWW.ACQUISITION.GOV/?Q=BROWSEFAR.

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination–Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility.

B. If the Lease is subject to the requirements under sub-paragraph A above, then the following clauses shall apply for the duration of the Lease:

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 52.222-62 Paid Sick Leave Under Executive Order 13706.

3.2 WORK PERFORMANCE (JUN 2012)

All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO. The LCO may reject the Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private contracts.

3.3 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (OCT 2019)

A. Items and materials existing in the Premises, or to be removed from the Premises during the demolition phase, are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse shall be in re-furbished condition and shall meet the quality standards set forth by the Government in this Lease. In the absence of definitive quality standards, the Lessor is responsible to confirm that the quality of the item(s) in question shall meet or exceed accepted industry or trade standards for first quality commercial grade applications.

B. Unless waived by the LCO, the Lessor shall submit a reuse plan for leases 10,000 RSF or greater. The Government will not pay for existing fixtures and other TIs accepted in place.