Global_Lease_L100_10_2016.docx

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https://docs.google.com/document/d/13c5ixtcRB1dWVZ0qwtwf8esGnd-DAM20feilDNyWPFg/edit?pli=1#identifier This document contains macros designed to assist in RLP/Lease preparation by answering a few basic questions. The macros will delete paragraphs and sub-paragraphs which are inapplicable, based on the answers you provide. LCOs may choose to skip the macros and instead modify the document manually; however when using the macro we recommended answering all questions. Note that once the macro is used, the process cannot be undone. Also, note that the questions are NOT exhaustive; LCOs must still manually choose among the remaining paragraphs and sub-paragraphs and fill in blanks as appropriate.

GSA FORM L100 (10/2016)

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 form (GSA Lease Form L100, hereinafter Lease Form). Upon selection for award, GSA will transcribe the successful Offeror's final offered rent and other price data included on Offeror’s submitted GSA Lease Proposal Form 1364, (hereinafter Lease Proposal Form) into a Lease Form, and transmit the completed Lease Form, together with appropriate attachments, to the successful Offeror for execution.

This Lease is made and entered into between

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

THE TEMPLATE ASSUMES THE LESSOR OWNS THE PROPERTY. HOWEVER, IF THERE ARE ANY UNUSUAL SITE-CONTROL ISSUES, SUCH AS SUBLEASES, GROUND LEASES, ETC., PLEASE CONSULT WITH REAL ESTATE ACQUISITION DIVISION SUBJECT MATTER EXPERTS AND REGIONAL COUNSEL, AS NEEDED.

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

The United States of America

(Government), acting by and through the designated representative of the General Services Administration (GSA), upon the terms and conditions set forth herein.

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.

LEASE TERM

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

VERSION 1:

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

VERSION 2:

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

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

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

To Have and To Hold the said Premises with its appurtenances for the term beginning either upon MONTH DAY, YEAR or upon acceptance of the Premises as required by this Lease, whichever is later, and continuing for a period of

X Years, X 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.

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.

[TYPE IN NAME OF LESSOR SIGNATORY AND TITLE, ENTITY NAME AND LEASE CONTRACTING OFFICER (LCO) NAME]

FOR THE LESSOR:

Name: ____________________________________________

Title: ____________________________________________

Entity Name: ____________________________________

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 the 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.

Template revised 10/2016

Template revised 10/2016

LEASE NO. GS-XXP-LXXXXXXX LESSOR: ______ GOVERNMENT: ________ GSA FORM L201C (09/13)

LEASE NO. GS-XXP-LXXXXXXX LESSOR: ______ GOVERNMENT: ________ GSA FORM L100 (10/16)

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

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

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

TO REVEAL HIDDEN TEXT IN THE DOCUMENT—

1. CLICK ON THE MSWORD LOGO AT THE TOP OF THE COMPUTER SCREEN (FAR LEFT).

2. CLICK ON “WORD OPTIONS” AT THE BOTTOM OF THE SCREEN.

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

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

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

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

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

TO DELETE AND MODIFY PARAGRAPHS—*

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING “ACTION REQUIRED,” “OPTIONAL,” OR “NOTE.” IF IT IS DETERMINED TO DELETE A PARAGRAPH OR SUB-PARAGRAPH, TAKE THE FOLLOWING STEPS:

TO DELETE A PARAGRAPH (FOR EXAMPLE, 1.02)—

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

2. CLICK ON THE DELETE KEY TO DELETE THE TEXT

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

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

EXAMPLE: 2.05 OPERATING COST ADJUSTMENT INTENTIONALLY DELETED

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

EXAMPLE: 2.05 INTENTIONALLY DELETED

TO DELETE A SUB-PARAGRAPH—

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

2. CHANGE LETTERING OR NUMBERING AS NECESSARY.

TO MODIFY ALL OR PART OF A PARAGRAPH

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

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

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

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

5. PASTE THE TITLE YOU JUST COPIED.

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

7. SAVE YOUR CHANGES.

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

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

2. RIGHT CLICK TO VIEW DROP-DOWN WINDOW.

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

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

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

TO ADD SECURITY REQUIREMENTS

ATTACH THE APPROPRIATE DOCUMENT TITLED “SECURITY REQUIREMENTS” AFTER CONSULTING WITH FPS AND THE AGENCY TO DETERMINE THEIR SPECIFIC REQUIREMENTS USING THE APPROPRIATE FACILITY SECURITY LEVEL (FSL) I, II, III, OR IV.

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

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

· GSA FORMS R101B AND L201B (STREAMLINED MODEL)

· GSA FORMS R101C AND L201C (STANDARD MODEL)

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

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

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

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

· TI PRICING: EITHER TURNKEY OR ALLOWANCE BASED

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

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

· LEVEL OF BUILD-OUT REQUIRED

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

ALL PARAGRAPHS ARE STANDARDIZED FOR THIS MODEL AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING.

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

· FILL IN BROKER NAME UNDER PARAGRAPH 1.04, IF APPLICABLE

· FILL IN TERMINATION NOTICE UNDER PARAGRAPH 1.05

· ADJUST THE LIST OF ATTACHED DOCUMENTS UNDER PARAGRAPH 1.07

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

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.01 THE PREMISES (OCT 2016)

The Premises are described as follows:

ACTION REQUIRED:

THERE ARE 2 VERSIONS OF SUB-PARAGRAPH A.

KEEP BOTH WHEN ISSUING THE RLP; CHOOSE APPLICABLE VERSION WHEN DRAFTING FINAL LEASE.

CHOOSE THE SECOND VERSION ONLY WHEN ACCEPTING AN OFFER THAT INCLUDES FREE SPACE (NOTE THAT THIS IS NOT THE SAME AS FREE RENT).

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

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

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

VERSION 1:

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

VERSION 2 (FREE SPACE; NOTE THAT THIS IS NOT THE SAME AS FREE RENT):

A. Office and Related Space: XX rentable square feet (RSF), yielding XX ANSI/BOMA Office Area (ABOA) square feet (SF) of office and related Space and an additional XX RSF, yielding XX ABOA SF of free space (for which the Government will not be charged rent, including real estate taxes and operating cost escalations) in excess of the total XX RSF/XX ABOA SF indicated above, for a total of XX RSF (yielding XX ABOA SF), 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. All rights, responsibilities, and obligations that bind the Lessor and Government under this lease agreement, including the General Clauses, and any other attachments hereto, shall pertain to the entire space under lease, including the free space.

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

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

C. Unless otherwise noted, the Government accepts the Premises and tenant improvements in their existing condition, except where specifications or standards are contained elsewhere in this Lease. These standards include security improvements, Fire Protection and Life Safety requirements, ABAAS compliance, as well as compliance with all local codes and ordinances. Such acceptance by the Government of existing Premises shall not relieve Lessor of continuing obligations for cleaning, janitorial, maintenance, repair, etc. as set forth in the Lease paragraphs and attached 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:

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

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

A. Parking: 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.

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

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

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

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

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

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

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

1.03 RENT AND OTHER CONSIDERATION (OCT 2016)

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

1Shell rent calculation:

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

4Building Specific Amortized Capital (BSAC) of $XX are amortized at a rate of X percent per annum over XX years 5Parking costs described under sub-paragraph I below

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

B. 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 C for lease actions where the space will not be re-measured (for example, succeeding or superseding leases with no change in square footage) C. 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: there are 2 versions of sub-paragraph D.

use this first version of d for TI ALLOWANCE PRICING.

D. 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.

use this second version of d for TI turnkey PRICING, where allowing for adjustment based upon ti unit prices.

D. Rent is subject to adjustment upon reconciliation from quantities in the Lease to the approved DIDs and post-DID change orders, based on unit prices negotiated and agreed upon prior to Lease award.

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

E. Rent is subject to adjustment based on the final Building Specific Amortized Capital (BSAC) cost to be amortized in the rental rate, as agreed upon by the parties subsequent to the Lease Award Date.

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

G. Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable to the Payee designated by the Lessor in the System for Award Management (SAM). If the payee is different from the Lessor, both payee and Lessor must be registered and active in SAM.

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

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

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

ACTION REQUIRED: THERE ARE TWO VERSION OF SUB-PARAGRAPH 3. CHOOSE ONE. USE THE FIRST SUB-PARAGRAPH “3” BELOW FOR A “FULLY SERVICED” LEASE, AND DELETE THE SECOND SUB-PARAGRAPH. USE THE SECOND SUB-PARAGRAPH “3” BELOW FOR A “LEASE NET OF UTILITIES.” IDENTIFY WHICH UTILITIES (ELECTRIC AND/OR GAS) ARE NET, THEN DELETE THE FIRST SUB-PARAGRAPH “3.” ALSO DELETE ONE OF THE UTILITIES PARAGRAPHS IN THE “UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM” SECTION OF THIS LEASE ACCORDINGLY.

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.

3. Performance or satisfaction of all other obligations set forth in this Lease; and all services, utilities (with the exclusion of XX), maintenance required for the proper operation of the Property, the Building, and the Leased 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. The Government shall be responsible for paying the cost of XX directly to the utility provider. The Lessor shall ensure that such utilities are separately metered. The Lessor shall provide and install as part of shell rent, separate meters for utilities. Sub-meters are not acceptable. The Lessor shall furnish in writing to the LCO, prior to occupancy by the Government, a record of the meter numbers and verification that the meters measure Government usage only. Proration is not permissible. In addition, an automatic control system shall be provided to assure compliance with heating, ventilation, and air conditioning requirements.

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

I. 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.

J. In accordance with the Lease negotiations, the Lessor has offered free rent to the Government for the first XX (X) months of the Lease. Therefore, the first XX (X) months of the Lease shall be provided at no cost to the Government.

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

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

1.04 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2016)

A. [Broker Name] (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 [Broker Name] 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:

(Add AND delete months as necessary.)

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

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

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.”

ACTION REQUIRED: IF NO TERMINATION RIGHT WAS NEGOTIATED, DELETE THE “TERMINATION RIGHTS” PARAGRAPH.

1.05 TERMINATION RIGHTS (OCT 2016)

The Government may terminate this Lease, in whole or in parts, at any time effective after the Firm Term of this Lease, by providing not less than 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.

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

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

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

1.06 RENEWAL RIGHTS (OCT 2016)

A. This Lease may be renewed at the option of the Government for a term of XX YEARS at the following rental rate(s):

OPTION TERM, YEARS XX - XX

OPERATING COSTS

OPERATING COST BASE SHALL CONTINUE FROM THE EFFECTIVE YEAR OF THE LEASE. OPTION TERM IS SUBJECT TO CONTINUING ANNUAL ADJUSTMENTS.

provided notice is given to the Lessor at least XX days before the end of the original Lease term or any extension thereof; all other terms and conditions of this Lease, as same may have been amended, shall remain in full force and effect during any renewal term.

NOTE: REVISE SUB-PARAGRAPH B IF THE INTENT IS TO SEEK FIRM TERM RENEWAL OPTIONS.

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

ACTION REQUIRED:

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

include relevant offeror submittals; EXAMPLES INCLUDE:

- APPROVED ASBESTOS MANAGEMENT PLAN

- SOURCE SELECTION TECHNICAL SUBMISSIONS

- UNIT PRICE LISTS

EXHIBITS SHOULD BE labeled with sequential letters.

Action required:

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

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

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

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

1.07 DOCUMENTS INCORPORATED in the lease (OCT 2016)

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

DOCUMENT NAME

NO. OF PAGES

EXHIBIT

FLOOR PLAN(S)

PARKING PLAN(S)

AGENCY REQUIREMENTS

TENANT IMPROVEMENTS UNIT PRICE LIST [INCLUDE ONLY FOR TI TURNKEY PRICING]

SECURITY REQUIREMENTS

SECURITY UNIT PRICE LIST

GSA FORM 3517B GENERAL CLAUSES

GSA FORM 3518-SAM, ADDENDUM TO SYSTEM FOR AWARD MANAGEMENT (SAM) REPRESENTATIONS AND CERTIFICATIONS (ACQUISITIONS OF LEASEHOLD INTERESTS IN REAL PROPERTY)

SEISMIC FORM C, BUILDING RETROFIT OR NEW CONSTRUCTION PREAWARD COMMITMENT

SMALL BUSINESS SUBCONTRACTING PLAN

DOL Wage Determination [WHEN INCLUDING “LABOR STANDARDS” LEASE PARAGRAPH]

REVISION(S) TO LEASE ISSUED UNDER RLP AMENDMENT NUMBER(S) X

ACTION REQUIRED: there are 3 versions of this paragraph.

use version 1 for ti allowance pricing.

use version 2 for ti TURNKEY pricing, with post-award dids use version 3 for ti turnkey pricing, pre-award dids.

NOTE: FOR TURNKEY PRICING, THE ATTACHED REQUIREMENTS MUST BE AGENCY SPECIFIC REQUIREMENTS (ASR).

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

1.08 TENANT IMPROVEMENT rental adjustment (OCT 2016)

VERSION 1: ALLOWANCE METHOD:

A. The Tenant Improvement Allowance (TIA) for purposes of this Lease is $XX.XX 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:

VERSION 2: TURNKEY METHOD, post-award dids: Note: the amount amortized IN EXCESS OF THE TIER CANNOT BE AMORTIZED INTO THE RENT UNLESS A DEVIATION IS GRANTED BY PORTFOLIO.

A. The Lessor has agreed to total TI pricing of $XX,XXX based on the Agency’s Requirements and design schematic included in Exhibit X. This amount is amortized in the rent over the Firm Term of this Lease at an interest rate of X percent per year.

B. The TI Unit Prices listed in Exhibit X will be used to make the adjustment for variances between TI turnkey pricing based on the Agency’s Requirements and the approved design intent drawings. The prices quoted will also be used to order alterations during the first year of the Lease. The prices quoted shall be the cost to furnish, install, and maintain each item, unless otherwise specified. These prices may be indexed or renegotiated to apply to subsequent years of the Lease upon mutual agreement of the Lessor and the Government. Final rent calculations will be reconciled and the Lease will be amended after acceptance of the Space.

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.

version 3: turnkey method, with pre-award DIDs: Note: the amount amortized IN EXCESS OF THE TIER CANNOT BE AMORTIZED INTO THE RENT UNLESS A DEVIATION IS GRANTED BY PORTFOLIO.

A. The Lessor has agreed to total TI pricing of $XX,XXX based on the approved DIDs included in Exhibit X. This amount is amortized in the rent over the Firm Term of this Lease at an interest rate of X percent per year.

B. The Government shall have the right 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.

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

1.09 TENANT IMPROVEMENT FEE SCHEDULE (JUN 2012)

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

INITIAL

BUILD-OUT

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

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

1.010 building specific amortized capital (sep 2012)

For purposes of this Lease, the Building Specific Amortized Capital (BSAC) is $XX.XX per ABOA SF. The Lessor will make the total BSAC amount available to the Government, which will use the funds for security related improvements. This amount is amortized in the rent over the Firm Term of this lease at an annual interest rate of X percent.

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

1.011 Building specific amortized capital rental adjustment (SEP 2013)

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

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

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

1. Reduce the security countermeasure requirements;

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

3. Negotiate an increase in the rent.

NOTE:

LCO SHOULD CONFIRM TAX PARCEL DURING NEGOTIATIONS.

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

1.012 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2016)

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.

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

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

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

1.013 Real estate tax base (SEP 2013)

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

ACTION REQUIRED: MAY BE DELETED IF LEASE DOES NOT INCLUDE THE PARAGRAPH “OPERATING COSTS ADJUSTMENT.”

1.014 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.

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

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

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

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

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

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

MAY BE DELETED FOR NET OF UTILITY LEASES

1.016 .HOURLY overtime HVAC RATES (OCT 2016)

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

· $X.XX per hour per zone

· No. of zones: X

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

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

NOTE: 24 HR HVAC MAY ONLY BE INCLUDED IN THE OPERATING RENT FOR LAN ROOMS 500 ABOA SF OR LESS IN SIZE.

ACTION REQUIRED: CONFIRM WHETHER CLIENT AGENCY REQUIRES DESIGNATED SERVER (LAN) ROOM WITH 24HR COOLING. IF THE AREA REQUIRING 24HR COOLING IS 500 ABOA SF OR LESS, DELETE THIS PARAGRAPH AND USE 6.05(G), WHICH ROLLS THIS HVAC COST INTO THE OPERATING RENT INSTEAD.

IF THE AREA REQUIRING 24HR COOLING EXCEEDS 500 ABOA SF, USE THIS PARAGRAPH WHICH REQUIRES SEPARATE MONTHLY INVOICING. PRIOR TO ISSUING RLP PACKAGE, INSERT SQUARE FOOTAGE AND BTU OUTPUT. ADJUST HUMIDITY LEVEL AS NEEDED. INSERT ADDRESS OF LCO OR DESIGNATED REPRESENTATIVE. THE NEGOTIATED OT RATE FOR 24/7 COOLING SHOULD BE A NOMINAL AMOUNT, SEPARATE FROM THE STANDARD OVERTIME RATE USED FOR HOURLY OVERTIME HVAC FOR THE ENTIRE PREMISES.

NOTE: FOR MULTI-TENANT LEASES,…