Ex. A 9WA2431 SLAT Lease Oct 2022.pdf

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General Services Administration (GSA) seeks to lease office space in Ellensburg, WA
Solicitation number
9WA2431
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File Type Posted
9WA2431 RLP Amendment 1.pdf PDF
Ex. A SLAT Lease L100A (May 2025).pdf PDF
9WA2431 Request for Lease Proposal (Oct. 2024).pdf PDF
Ex. A SLAT Lease L100A (Oct. 2024).pdf PDF
9WA2431 Request for Lease Proposal (Oct. 2024).pdf PDF
Ex. C GSA Form 1364 Proposal to Lease Space (Jan. 2023).pdf PDF
Ex. 6 Seismic Forms A - F with Instructions.docx DOCX document
Ex. A SLAT Lease Template L100A (Oct. 2023).docx DOCX document
Ex. 4 Security Requirements (FSL Level I) (Aug. 2022).docx DOCX document
Ex. G Far 52.204-27 Prohibition+Bytedance+Covered+Application.pdf PDF
Ex. F FAR 52.204-24 Representation (Nov. 2021).pdf PDF
Ex. 5 3517A General Clauses (Simplified) (Dec. 2023).docx DOCX document
Ex 3 9WA2431 ASR Ellensburg.docx DOCX document
Ex. B 3516A Solicitation Provisions (Simplified) (Dec. 2023).docx DOCX document
Ex. D GSA From 1217 Lessor_s Annual Cost Statement (Nov. 2016).pdf PDF
Ex. E FPLS Prelease Evaluation Form 12000 (May 2015).docx DOCX document
9WA2431 Delineated Area.pdf PDF
SLAT Request for Lease Proposals (RLP) Template R100A (Oct. 2023).docx DOCX document
Ex. 5 3517A General Clauses-Prelim Injunction Sep. 2022.pdf PDF
Ex. E FAR 52.204.27 Prohibition BtyeDance Covered Application.pdf PDF
Ex. 4 Security Requirements (FSL Level I).pdf PDF
9WA2431 SLAT RLP (Oct. 2022).pdf PDF
Ex. C 9WA2431 FPLSEvaluationForm12000 Parts A B.pdf PDF
9WA2431 Sensitive Information.pdf PDF
Ex. D FAR 52.204-24 Representation Rev Oct 2020.pdf PDF
Ex. 6 9WA2431 Seismic Offer Forms A-F w instructions.pdf PDF
Ex. 3 Agency Special Requirements.pdf PDF
Ex. B 9WA2431 3516A Simplified.pdf PDF
9WA2431 Sensitive Information Template.pdf PDF
9WA2431 SLAT RLP (Oct. 2022).pdf PDF
Ex 6 9WA2431 Seismic Offer Forms A - F with instructions.pdf PDF
Ex C 9WA2431 FPLSEvaluationForm12000 prt A and B.pdf PDF
Ex. 5 3517A General Clauses - Prelim Injunction (Sep. 2022).pdf PDF
Ex. 4 Security Requirements (FSL Level I) 8.29.2022.pdf PDF
Ex D FAR 52.204-24 Representation_Rev_10_2020.pdf PDF
Ex. A 9WA2431 SLAT Lease (Oct. 2022).pdf PDF
Ex. 3 ASR.pdf PDF
Ex B 9WA2431 3516A_Simplified.pdf PDF
Ex 3 9WA2431 ASR NOAA Ellensburg 9.2.21 FINAL.pdf PDF
Ex 5 3517A General Clauses Form-Prelim Injunction - (Jan. 2022).pdf PDF
9WA2431 Request for Lease Proposal.pdf PDF
9WA2431 Sensitive Information Template.pdf PDF
Ex A 9WA2431 SLAT Lease template_L100A_10_2021.pdf PDF
Ex 6 9WA2431 Seismic Offer Forms A - F with instructions.pdf PDF
Ex C 9WA2431 FPLSEvaluationForm12000 PartAandB.pdf PDF
Ex D FAR 52.204-24 Representation_Rev_10_2020.pdf PDF
Ex 4 9WA2431 FSL I Security Requirements (Aug. 2021).pdf PDF
Ex B 9WA2431 3516A_Simplified.pdf PDF
Ex D FAR 52.204-24 Representation_Rev_10_2020.pdf PDF
Ex C 9WA2431 FPLSEvaluationForm12000_PartA-B.pdf PDF
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Text version

LEASE NO. GS-10P-LWA00336 SLAT Lease

GSA TEMPLATE L100A (10/2022)

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

INSTRUCTIONS TO OFFEROR: Do not attempt to complete this lease template (GSA Lease Template L100A, hereinafter Lease Template).

GSA will transcribe the apparent lowest 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 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 General Services Administration (GSA), 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 GSA.

C. LEASE TERM

action required: there are 2 versions of this introductory phrase. this first option is the default language for all other than succeeding leases. LEASING

SPECIALIST TO INPUT THE REQUIRED LEASE TERM

VERSION 1:

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

VERSION 2:

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

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:

Name: ____________________________________________

Title: Lease Contracting Officer

General Services Administration, Public Buildings Service

Date: ____________________________________________

WITNESSED FOR THE LESSOR BY:

Name: ____________________________________________

Title: ____________________________________________

Date: ____________________________________________

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. 3090-0163.

LEASE NO. GS-10PLWA00336, PAGE 1 GSA TEMPLATE L100A

REV (10/22)

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

ACCEPTANCE.

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

10 Years, 5 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.

TABLE OF CONTENTS

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 5

1.01 THE PREMISES (OCT 2022) 5

1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) 5

1.03 RENT AND OTHER CONSIDERATION (OCT 2022) 5

1.04 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016) 6

1.05 TENANT IMPROVEMENT and bsac FEE SCHEDULE (OCT 2022) 6

1.06 Intentionally Deleted 6

1.07 Intentionally Deleted 7

1.08 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2016) 7

1.09 termination rights (oct 2016) 7

1.10 DOCUMENTS INCORPORATED in the lease (SLAT) (OCT 2020) 7

1.11 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2021) 7

1.12 OPERATING COST BASE (OCT 2016) 7

1.13 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013) 7

1.14 HOURLY overtime HVAC RATES (OCT 2016) 7

1.15 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018) 8

1.16 BUILDING IMPROVEMENTS (MAR 2016) 8

1.17 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS (SMALL) (OCT 2020) 8

1.18 lessor’s UNIQUE ENTITY IDENTIFIER (oct 2022) 8

SECTION 2 General Terms, conditions, and Standards 9

2.01 DEFINITIONS AND General Terms (OCT 2022) 9

2.02 AUTHORIZED REPRESENTATIVES (OCT 2016) 10

2.03 Alterations requested by the government (OCT 2022) 10

2.04 WAIVER OF RESTORATION (OCT 2021) 10

2.05 Payment of Broker (oct 2021) 10

2.06 NOVATION AND CHANGE OF OWNERSHIP (small) (OCT 2016) 10

2.07 REAL ESTATE TAX ADJUSTMENT (JUN 2012) 10

2.08 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022) 12

2.09 OPERATING COSTS ADJUSTMENT (JUN 2012) 12

SECTION 3 Construction Standards and Shell Components 13

3.01 work performance (SMALL) (SEP 2015) 13

3.02 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (SLAT) (OCT 2020) 13

3.03 WOOD PRODUCTS (SMALL) (OCT 2020) 13

3.04 ADHESIVES AND SEALANTS (SMALL) (OCT 2020) 13

3.05 BUILDING SHELL REQUIREMENTS (SLAT) (OCT 2020) 13

LEASE NO. GS-10P-LWA00336 PAGE 2 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

3.06 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (OCT 2022) 13

3.07 QUALITY AND APPEARANCE OF BUILDING (JUN 2012) 14

3.08 VESTIBULES (OCT 2020) 14

3.09 MEANS OF EGRESS (MAY 2015) 14

3.10 AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2022) 14

3.11 FIRE ALARM SYSTEM (SEP 2013) 14

3.12 ENERGY INDEPENDENCE AND SECURITY ACT (Mar 2016) 15

3.13 ELEVATORS (OCT 2020) 15

3.14 DEMOLITION (JUN 2012) 16

3.15 Accessibility (feb 2007) 16

3.16 Ceilings (SLAT) (OCT 2020) 16

3.17 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (SEP 2013) 16

3.18 WINDOWS (SMALL) (SEP 2015) 16

3.19 PARTITIONS: PERMANENT (SLAT) (OCT 2020) 16

3.20 INSULATION: THERMAL, ACOUSTIC, AND HVAC (SMALL) (OCT 2020) 17

3.21 PAINTING – Shell (SMALL) (oct 2020) 17

3.22 FLOORS AND FLOOR LOAD (oct 2019) 17

3.23 FLOOR COVERING AND PERIMETERS – shell (SLAT) (OCT 2020) 17

3.24 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011) 17

3.25 Electrical (slat) (oct 2020) 17

3.26 Intentionally Deleted 17

3.27 PLUMBING (JUN 2012) 17

3.28 DRINKING FOUNTAINS (OCT 2018) 17

3.29 RestROOMS (SMALL) (OCT 2022) 18

3.30 HEATING, VENTILATION, AND AIR CONDITIONING – shell (slat) (OCT 2022) 18

3.31 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (slat) (oct 2020) 18

3.32 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (SMALL) (OCT 2020) 18

3.33 LIGHTING: INTERIOR AND PARKING – shell (SLAT) (OCT 2022) 18

3.34 INDOOR AIR QUALITY DURING CONSTRUCTION (SLAT) (OCT 2021) 19

3.35 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS – LEASE (SEP 2014) 19

3.36 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - LEASE (SMALL) (SEP 2015) 19

3.37 BUILDING DIRECTORY (oct 2021) 20

3.38 INTENTIONALLY DELETED 20

SECTION 4 Design, construction, and post award activities 21

4.01 SCHEDULE FOR COMPLETION OF SPACE (SLAT) (OCT 2022) 21

4.02 CONSTRUCTION DOCUMENTS (OCT 2022) 22

4.03 GREEN LEASE SUBMITTALS (SLAT) (OCT 2021) 22

4.04 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (SLAT) (OCT 2022) 22

4.05 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE (OCT 2022) 22

4.06 CONSTRUCTION INSPECTIONS (SEP 2015) 22

4.07 TENANT IMPROVEMENTS PRICE PROPOSAL (OCT 2022) 22

4.08 Intentionally Deleted 23

4.09 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (Oct 2021) 23

4.10 Lease Term Commencement Date and Rent Reconciliation (oct 2021) 23

4.11 AS-BUILT DRAWINGS (OCT 2021) 23

4.12 seismic retrofit (OCT 2020) 23

4.13 Lessor’s project management responsibilities (OCT 2022) 24

LEASE NO. GS-10P-LWA00336 PAGE 3 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

4.14 government project management system (oct 2022) 24

SECTION 5 TENANT IMPROVEMENT components 25

5.01 tenant improvement REQUIREMENTS (OCT 2016) 25

5.02 FINISH SELECTIONS (SMALL) (SEP 2015) 25

5.03 WINDOW COVERINGS (SMALL) (OCT 2020) 25

5.04 DOORS: SUITE ENTRY (SMALL) (OCT 2020) 25

5.05 DOORS: INTERIOR (SLAT) (OCT 2020) 25

5.06 DOORS: HARDWARE (SEP 2013) 25

5.07 DOORS: IDENTIFICATION (JUN 2012) 25

5.08 PARTITIONS: SUBDIVIDING (SLAT) (OCT 2022) 25

5.09 Painting – ti (SMALL) (OCT 2020) 25

5.10 FLOOR COVERINGS AND PERIMETERS (SMALL) (OCT 2019) 26

5.11 HEATING AND AIR CONDITIONING (JUN 2012) 26

5.12 ELECTRICAL: DISTRIBUTION (SMALL) (SEP 2015) 26

5.13 tELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (JUN 2012) 26

5.14 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008) 26

5.15 DATA DISTRIBUTION (Oct 2020) 26

5.16 ELECTRICAL, TELEPHONE, DATA FOR SYSTEMS FURNITURE (Oct 2022) 26

5.17 LIGHTING: INTERIOR AND PARKING – TI (SLAT) (OCT 2020) 27

5.18 automatic fire sprinkler system - ti (OCT 2016) 27

SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM 28

6.01 PROVISION OF SERVICES, ACCESS, AND normal HOURS (SMALL) (OCT 2020) 28

6.02 UTILITIES (SMALL) (OCT 2022) 28

6.03 Intentionally Deleted 28

6.04 HEATING AND AIR CONDITIONING (OCT 2022) 28

6.05 OVERTIME HVAC USAGE (oct 2020) 28

6.06 JANITORIAL SERVICES (oct 2021) 28

6.07 SNOW REMOVAL (OCT 2020) 29

6.08 MAINTENANCE OF PROVIDED FINISHES (SMALL) (SEP 2015) 29

6.09 ASBESTOS (SMALL) (oct 2021) 30

6.10 ONSITE LESSOR MANAGEMENT (APR 2011) 30

6.11 Identity Verification of Personnel (OCT 2022) 30

6.12 SCHEDULE OF PERIODIC SERVICES (OCT 2020) 30

6.13 LANDSCAPE MAINTENANCE (APR 2011) 31

6.14 RECYCLING (SLAT) (OCT 2020) 31

6.15 RANDOLPH-SHEPPARD COMPLIANCE (SMALL) (SEP 2015) 31

6.16 INDOOR AIR QUALITY (OCT 2019) 31

6.17 RADON IN AIR (SLAT) (OCT 2020) 31

6.18 RADON IN WATER (JUN 2012) 31

6.19 HAZARDOUS MATERIALS (SEP 2013) 32

6.20 MOLD (SMALL) (OCT 2021) 32

6.21 OCCUPANT EMERGENCY PLANS (OCT 2020) 32

6.22 Flag display (OCT 2016) 32

SECTION 7 ADDITIONAL TERMS AND CONDITIONS 33

7.01 security requirements (OCT 2021) 33

LEASE NO. GS-10P-LWA00336 PAGE 4 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

7.02 modified lease paragraphs (OCT 2016) 33

7.03 provisional Acceptance (feb 2021) 33

7.04 intentionally deleted 33

LEASE NO. GS-10P-LWA00336 PAGE 5 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.01 THE PREMISES (OCT 2022)

The Premises are described as follows:

A. Office and Related Space : XX rentable square feet (RSF), yielding XX 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 floor plan(s) attached hereto as Exhibit XX .

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.

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

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 2022)

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

F IRM T ERM N ON F IRM T ERM

A NNUAL R ENT A NNUAL R ENT

S HELL R ENT $XXX,XXX.XX $XXX,XXX.XX

O PERATING C OSTS $ XXX,XXX.XX $ XXX,XXX.XX

T ENANT I MPROVEMENTS RENT 3 $ XXX,XXX.XX $0.00

P ARKING 5 $ XXX,XXX.XX $ XXX,XXX.XX

T OTAL A NNUAL R ENT 7 $XXX,XXX.XX $XXX,XXX.XX

1 Tenant Improvements of $XX.XX per ABOA SF are amortized at a rate of X percent per annum over the firm term.

2 Building Specific Amortized Capital of $XX.XX per ABOA SF is amortized at a rate of X percent over the firm term.

3 Parking costs described under sub-paragraph B below.

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

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

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

COMPONENTS OR IF EXPRESSED AS A DOLLAR AMOUNT.

C. The Lessor has offered free rent for the first XX (X) months of the Lease (free rent includes shell, operating, TI, BSAC and parking rent).

Therefore, the first XX (X) months of the Lease shall be provided at no cost to the Government.

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

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

ACTION REQUIRED:

● INPUT ABOA SF as stated under Lease paragraph 1.01

● delete E for lease actions where the space will not be re-measured (for example, succeeding or superseding leases with no change in square footage)

LEASE NO. GS-10P-LWA00336 PAGE 6 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

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

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

Version 1: use for TI ALLOWANCE PRICING.

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

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

G. Intentionally deleted

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

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

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

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

2. All costs, expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease, including all costs for labor, materials, and equipment, professional fees, 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. 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).

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

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

1.04 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)

VERSION 1: for ti allowance pricing.

NOTE: AMORTIZATION PERIOD DEFAULTS TO FIRM TERM. REVISE IF RLP OR NEGOTIATED OFFER REFLECTS OTHERWISE A. The Tenant Improvement Allowance (TIA) for purposes of this Lease is $68.97 per ABOA SF. The TIA is the amount that the Lessor shall make available for the Government to be used for TIs. This amount is amortized in the rent over the Firm Term of this Lease at an annual interest rate of X percent.

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

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

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

1. Reduce the TI requirements;

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

3. Negotiate an increase in the rent.

LEASE NO. GS-10P-LWA00336 PAGE 7 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

VERSION 2: for ti TURNKEY pricing, with post-award dids

Note: the amount amortized NOTE: AMORTIZATION PERIOD DEFAULTS TO FIRM TERM. REVISE IF RLP OR NEGOTIATED OFFER REFLECTS

OTHERWISE.

1.05 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2022)

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

I NITIAL

B UILD -O UT

A RCHITECT /E NGINEER F EES (A/E) ( $ PER ABOA SF OR % OF TI C ONSTRUCTION C OSTS ) $XX OR XX%

L ESSOR ' S P ROJECT M ANAGEMENT F EE (% OF TI C ONSTRUCTION C OSTS ) XX%

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

OTHERWISE. I NTENTIONALLY D ELETED

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

OTHERWISE. I NTENTIONALLY D ELETED

1.08 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2016)

A. CARPENTER ROBBINS COMMERCIAL REAL ESTATE, INC. (Broker) is the authorized real estate Broker representing GSA in connection with this Lease transaction. The total amount of the Commission is $XX and is earned upon Lease execution, payable according to the Commission Agreement signed between the Lessor and Broker. Only $ XX of the Commission will be payable to CARPENTER ROBBINS COMMERCIAL REAL ESTATE, INC. with the remaining $ XX , which is the Commission Credit, to be credited to the shell rental portion of the annual rental payments due and owing to fully recapture this Commission Credit. The reduction in shell rent shall commence with the first month of the rental payments and continue until the credit has been fully recaptured in equal monthly installments over the shortest time practicable.

B. Notwithstanding the “Rent and Other Consideration” paragraph of this Lease, the shell rental payments due and owing under this Lease shall be reduced to recapture fully this Commission Credit. The reduction in shell rent shall commence with the first month of the rental payments and continue as indicated in this schedule for adjusted Monthly Rent:

1. Month X Rental Payment $ XX,XXX minus prorated Commission Credit of $ XX,XXX equals $ XX,XXX adjusted X th Month’s Rent.*

2. Month X Rental Payment $ XX,XXX minus prorated Commission Credit of $ XX,XXX equals $ XX,XXX adjusted X th Month’s Rent.*

3. Month X Rental Payment $ XX,XXX minus prorated Commission Credit of $ XX,XXX equals $ XX,XXX adjusted X th Month’s Rent.*

* Subject to change based on adjustments outlined under the paragraph “Rent and Other Consideration.”

1.09 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 XX 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

1.10 DOCUMENTS INCORPORATED IN THE LEASE (SLAT) (OCT 2020)

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

D OCUMENT N AME N O . OF P AGES E XHIBIT

F LOOR P LAN ( S ) 1

P ARKING P LAN ( S ) 2

A GENCY R EQUIREMENTS 3

S ECURITY R EQUIREMENTS 4

GSA F ORM 3517A G ENERAL C LAUSES 5

S EISMIC F ORM C, B UILDING R ETROFIT O R N EW C ONSTRUCTION P REAWARD C OMMITMENT 6

S MALL B USINESS S UBCONTRACTING P LAN 7

R EVISION ( S ) TO L EASE I SSUED U NDER RLP A MENDMENT N UMBER ( S ) X 8

1.11 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2021)

A. As of the Lease Award Date, the Government’s Percentage of Occupancy, as defined in the “Real Estate Tax Adjustment” paragraph of this Lease is 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 .

LEASE NO. GS-10P-LWA00336 PAGE 8 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

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

1.12 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.

1.13 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.

1.14 HOURLY OVERTIME HVAC RATES (OCT 2016)

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

1. $ X.XX per hour per zone

2. No. of zones: X

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

B. There is no overtime charge during the following weekend hours:

1. Saturday: X AM through X PM

2. Sunday: X AM through X PM.

1.15 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: [ 8:00 AM to 5:00 PM, Monday through Friday, with the exception of Federal holidays], the rental rate and the base for operating cost adjustments will be reduced by $ XX per ABOA SF, adjusted to include any CPI adjustment as outlined under Lease paragraph entitled Operating Costs Adjustment. This reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the Lease expires or is terminated.

1.16 BUILDING IMPROVEMENTS (MAR 2016)

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

A. _______________ B. _______________ C. _______________

1.17 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS (SMALL) (OCT 2020)

If the Lessor is a qualified HUBZone small business concern (SBC) that did not waive the price evaluation preference then as required by 13 C.F.R.

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

If the Lessor is a HUBZone small business concern (SBC) that did not waive the price evaluation preference, the Lessor shall provide a certification within 10 days after Lease award to the LCO (or representative designated by the LCO) that the Lessor was an eligible HUBZone SBC on the date of award. If it is determined within 20 days after award that a HUBZone SBC Offeror that has been awarded the Lease was not an eligible HUBZone SBC at the time of award, and the HUBZone SBC Lessor failed to provide the LCO with information regarding a change to its HUBZone eligibility prior to award, then the Lease shall be subject, at the LCO's discretion, to termination, and the Government will be relieved of all obligations to the Lessor in such an event and not be liable to the Lessor for any costs, claims or damages of any nature whatsoever.

1.18 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)

Lessor’s Unique Entity Identifier (UEI)

UEI: XXXXXXXXXXXX

LEASE NO. GS-10P-LWA00336 PAGE 9 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

SECTION 2 G ENERAL T ERMS , CONDITIONS , AND S TANDARDS

2.01 DEFINITIONS AND GENERAL TERMS (OCT 2022)

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

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

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

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

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

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

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

G. Contractor . “Contractor” shall mean Lessor.

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

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

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

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

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

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

N. Premises . Defined as the total Occupant Area or other type of Space, together with all associated common areas, described in Section 1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights under this Lease are not included in the Premises.

O. Property . The 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.

P. Rentable Space or Rentable Square Feet (RSF) . Rentable Space is 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. The Rentable Space may include a share of Building support/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. The Rentable Space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. Rentable Square Feet is calculated using the following formula for each type of Space (e.g., office, warehouse, etc.) included in the Premises: ABOA SF of Space x (1 + CAF) = RSF.

Q. Space . The Space shall refer to that part of the Premises to which the Government has exclusive use, such as Occupant Area, or other type of Space. Parking areas to which the Government has rights under this Lease are not included in the Space.

R. Occupant Area . For the purposes of this Lease, Space shall be measured in accordance with the standard (Z65.1-2017) provided by American National Standards Institute / Building Owners and Managers Association (ANSI / BOMA) for Occupant Area, which means “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. References to ABOA mean ANSI / BOMA Occupant Area.

S. Working Days. Working Days shall mean weekdays, excluding Saturdays and Sundays and Federal holidays.

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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 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.

2.04 WAIVER OF RESTORATION (OCT 2021)

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:

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.

ACTION REQUIRED: If bROKER IS NOT USED, delete.

2.05 PAYMENT OF BROKER (OCT 2021)

If GSA awarded the Lease through its Broker, the Lessor shall pay GSA’s Broker its portion of the commission according to the Commission Agreement signed between the Lessor and Broker. “Its portion of the commission” means the agreed-upon commission to GSA’s Broker minus the Commission Credit specified in the Lease or Lease Amendment.

2.06 NOVATION AND CHANGE OF OWNERSHIP (SMALL) (OCT 2016)

Consistent with GSAM 570.115, in the event of a transfer of ownership of the leased premises or a change in the Lessor’s legal name, FAR 42.12 applies.

note: for some states (CALIFORNIA, for example) it will be necessary to modify this PARAGRAPH.

LCos must consult with regional counsel prior to making any changes to the tax paragraph below.

2.07 REAL ESTATE TAX ADJUSTMENT (JUN 2012)

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.

LEASE NO. GS-10P-LWA00336 PAGE 11 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

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.

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

LEASE NO. GS-10P-LWA00336 PAGE 12 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L100A

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

2.09 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 multiplying the base rate by the annual percent of change in the Cost of Living Index. The percent change will be computed by comparing the index figure published for the month prior to the Lease Term Commencement Date with the index figure published for the month prior which begins each successive 12-month period.

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