Exhibit A Warehouse Lease Template L201WH (May 2025).pdf
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- Solicitation number
- 3NV0157_1
About this file
This is a GSA Lease Template Form L201WH for warehouse space, revised March 2025, establishing the contractual framework between a federal lessor and the General Services Administration on behalf of the United States Government.
The lease covers warehouse and related space with a total term of 12 years consisting of a 10-year firm term, subject to Government termination rights after the firm period with 90 days' notice. The lease specifies rental rates for shell rent, operating costs, tenant improvements (TI), and parking, with annual rent adjustable based on actual space measurements upon acceptance and final TI costs. The lessor must deliver premises substantially complete with a minimum clear ceiling height of 10 feet for at least 1,800 ABOA (ANSI/BOMA Occupant Area) square feet, with the balance maintaining a 10-foot minimum. Key shell requirements include automatic fire sprinkler systems, fire alarm systems, means of egress compliance, HVAC systems maintaining temperatures of 72°F (±3°) in offices and 50°F minimum in warehouse areas, and electrical service scaled to space size (160 amps per 4,000 RSF for offices; 1 watt per ABOA SF for warehouse). The lessor must provide loading docks (minimum 1), parking spaces, janitorial supplies, utilities, snow removal, maintenance, and building management. Tenant improvement components include doors (suite entry and interior), partitions, ceilings (9-12 feet height), HVAC zone controls, electrical and telecommunications distribution, data cabling, and lighting systems. Design and construction schedules require design intent drawings within 30 working days of award, construction documents within 30 working days of DID approval, and TI completion within 50 working days of Notice to Proceed. The lessor must comply with labor standards, EISA energy requirements, environmental due diligence, seismic retrofit certification (if applicable), accessibility standards, and indoor air quality provisions including radon action levels of 4 pCi/L for childcare and 25 pCi/L for other spaces. Additional requirements address mold and water intrusion remediation, occupant emergency planning, identity verification for personnel with building access, and prohibition on benefits to federally-elected officials, with Government responsibilities including janitorial services and certain utilities.
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In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR:
Name: ____________________________________________
Title: ____________________________________________
Entity: ____________________________________________
Date: ____________________________________________
FOR THE GOVERNMENT:
Title: Lease Contracting Officer
General Services Administration, Public Buildings Service
WITNESSED FOR THE LESSOR BY:
Title: ____________________________________________
The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.
LEASE NO. GS-10P-LNV03410, PAGE 1 GSA TEMPLATE 201WH
REV (3/25)
LEASE NO. GS-09P-LNV03410
BUILDING NO. TBD
Warehouse Lease
GSA TEMPLATE FORM L201WH (3/2025)
INSTRUCTIONS TO OFFEROR: Do not attempt to complete this lease template (GSA Template Form L201WH, hereinafter Lease Template).
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 Template 1364WH, (hereinafter Lease Proposal Form) into a Lease Template, and transmit the completed Lease
Template, together with appropriate attachments, to the successful Offeror for execution.
A. This Lease is made and entered into between
Lessor’s Name
(Lessor), whose principal place of business is [ADDRESS], and whose interest in the Property described herein is that of Fee Owner, and
The United States of America
(Government), acting by and through the designated representative of the 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 A, 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
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
12 Years, 10 Years Firm, LEASE NO. GS-09P-LNP03410
LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201WH
REV (5/25)
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.
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 EXPRESS APPURTENANT RIGHTS (WAREHOUSE) (MAY 2014)
1.02 INTENTIONALLY DELETED 6
1.03 CLEAR CEILING HEIGHT REQUIREMENTS (WAREHOUSE) (MAY 2014)
1.04 INTENTIONALLY DELETED 6
1.05 THE PREMISES (WAREHOUSE) (OCT 2022)
1.06 RENT AND OTHER CONSIDERATION (WAREHOUSE) (OCT 2023)
1.07 INTENTIONALLY DELETED 8
1.08 TERMINATION RIGHTS (OCT 2016)
1.09 RENEWAL RIGHTS (OCT 2016)
1.10 DOCUMENTS INCORPORATED IN THE LEASE (WAREHOUSE) (OCT 2023)
1.11 TENANT IMPROVEMENT ALLOWANCE (AUG 2011)
1.12 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)
1.13 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2024)
1.14 INTENTIONALLY DELETED 9
1.15 INTENTIONALLY DELETED 9
1.16 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2024)
1.17 INTENTIONALLY DELETED 9
1.18 OPERATING COST BASE (OCT 2016)
1.19 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES (SEP 2013)
1.20 HOURLY OVERTIME HVAC RATES (OCT 2016)
1.21 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018)
1.22 BUILDING IMPROVEMENTS (OCT 2023)
1.23 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (WAREHOUSE) (OCT 2023)
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT (OCT 2022)
2.04 WAIVER OF RESTORATION (OCT 2023)
2.05 INTENTIONALLY DELETED 13
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2024)
2.07 INTENTIONALLY DELETED 13
2.08 GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (DEVIATION) (SEP 2022)
2.09 OPERATING COSTS ADJUSTMENT (JUN 2012)
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)
2.11 INTENTIONALLY DELETED 14
2.12 ENTITY NAME (OCT 2023) 14
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 LABOR STANDARDS (MAY 2025)
3.02 WORK PERFORMANCE (JUN 2012)
3.03 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (MAY 2025)
3.04 INTENTIONALLY DELETED 15
3.05 WOOD PRODUCTS (MAY 2025)
3.06 ADHESIVES AND SEALANTS (MAY 2025)
3.07 BUILDING SHELL REQUIREMENTS (WAREHOUSE) (OCT 2016)
3.08 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (OCT 2022)
3.09 QUALITY AND APPEARANCE OF BUILDING (WAREHOUSE) (MAY 2014)
3.10 VESTIBULES (OCT 2023) 16
3.11 MEANS OF EGRESS (WAREHOUSE) (MAY 2015)
3.12 AUTOMATIC FIRE SPRINKLER SYSTEM (WAREHOUSE) (MAY 2014)
3.13 FIRE ALARM SYSTEM (WAREHOUSE) (MAY 2014)
3.14 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025)
3.15 INTENTIONALLY DELETED 18
3.16 INTENTIONALLY DELETED 18
3.17 DEMOLITION (JUN 2012) 18
3.18 ACCESSIBILITY (OCT 2024) 18
3.19 EXTERIOR AND COMMON AREA DOORS AND HARDWARE (WAREHOUSE) (MAY 2014)
3.20 DOORS: IDENTIFICATION (APR 2011)
3.21 WINDOWS (OCT 2020) 18
3.22 PARTITIONS: GENERAL (MAY 2025)
3.23 PARTITIONS: PERMANENT (MAY 2025)
3.24 INSULATION: THERMAL, ACOUSTIC, AND HVAC (MAY 2025)
3.25 WALL FINISHES—SHELL (SEP 2015)
3.26 PAINTING—SHELL (MAY 2025)
3.27 FLOORS AND FLOOR LOAD—SHELL (WAREHOUSE) (OCT 2019)
3.28 FLOOR COVERING AND PERIMETERS—SHELL (WAREHOUSE) (MAY 2025)
3.29 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011)
3.30 BUILDING SYSTEMS (APR 2011)
3.31 ELECTRICAL—SHELL (WAREHOUSE) (OCT 2023)
3.32 INTENTIONALLY DELETED 20
3.33 PLUMBING (JUN 2012) 20
3.34 INTENTIONALLY DELETED 20
3.35 RESTROOMS (WAREHOUSE) (MAY 2025)
3.36 IINTENTIONALLY DELETED 21
3.37 JANITOR CLOSETS (SEP 2015)
3.38 HEATING AND VENTILATION—SHELL (WAREHOUSE) (MAY 2025)
3.39 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (WAREHOUSE) (SEP 2000)
3.40 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (JUN 2012)
3.41 LIGHTING: INTERIOR AND PARKING—SHELL (WAREHOUSE) (OCT 2022)
3.42 ACOUSTICAL REQUIREMENTS (OCT 2022)
3.43 INTENTIONALLY DELETED 24
3.44 INTENTIONALLLY DELETED
3.45 INTENTIONALLY DELETED 24
3.46 INDOOR AIR QUALITY DURING CONSTRUCTION (MAY 2025)
3.47 INTENTIONALLY DELETED 24
3.48 LOADING DOCKS—SHELL (WAREHOUSE) (MAY 2014)
3.49 EMERGENCY POWER TO CRITICAL SYSTEMS (WAREHOUSE) (MAY 2014)
3.50 MECHANICAL AREAS AND BUILDING ROOFS (WAREHOUSE) (MAY 2014)
3.51 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS – LEASE (OCT 2023)
3.52 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - LEASE (SEP 2014)
3.53 INTENTIONALLY DELETED 26
SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE (WAREHOUSE) (OCT 2024)
4.02 CONSTRUCTION DOCUMENTS (OCT 2023)
4.03 TENANT IMPROVEMENTS PRICE PROPOSAL (OCT 2023)
4.04 INTENTIONALLY DELETED 28
4.05 INTENTIONALLY DELETED 28
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (OCT 2024)
4.07 PROGRESS REPORTS (OCT 2023)
4.08 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE (OCT 2022)
4.09 CONSTRUCTION INSPECTIONS (OCT 2023)
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (OCT 2021)
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION (OCT 2021)
4.12 AS-BUILT DRAWINGS (OCT 2021)
4.13 SEISMIC RETROFIT (OCT 2020)
4.14 LESSOR’S PROJECT MANAGEMENT RESPONSIBILITIES (WAREHOUSE) (OCT 2023)
4.15 GOVERNMENT PROJECT MANAGEMENT SYSTEM (MAY 2025)
SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS (OCT 2016)
5.02 INTENTIONALLY DELETED 31
5.03 WINDOW COVERINGS (WAREHOUSE) (JUN 2012)
5.04 DOORS: SUITE ENTRY (MAY 2025)
5.05 DOORS: INTERIOR (MAY 2025)
5.06 DOORS: HARDWARE (MAY 2025)
5.07 INTENTIONALLY DELETED 31
5.08 PARTITIONS: SUBDIVIDING (MAY 2025)
5.09 CEILINGS—TI (WAREHOUSE) (OCT 2022)
5.10 INTENTIONALLY DELETED 32
5.11 INTENTIONALLY DELETED 32
5.12 INTENTIONALLY DELETED 32
5.13 HEATING AND AIR CONDITIONING—TI (WAREHOUSE) (MAY 2014)
5.14 ELECTRICAL: DISTRIBUTION—TI (WAREHOUSE) (MAY 2014)
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (JUN 2012)
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008)
5.17 DATA DISTRIBUTION (OCT 2020)
5.18 INTENTIONALLY DELETED0
5.19 LIGHTING: INTERIOR AND PARKING—TI (WAREHOUSE) (MAY 2014)
5.20 INTENTIONALLY DELETED 33
5.21 AUTOMATIC FIRE SPRINKLER SYSTEM – TI (OCT 2016)
SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (WAREHOUSE) (OCT 2023)
6.02 UTILITIES (MAY 2025) 34
6.03 INTENTIONALLY DELETED 34
6.04 HEATING AND AIR CONDITIONING (WAREHOUSE) (OCT 2024)
6.05 OVERTIME HVAC USAGE (OCT 2023)
6.06 JANITORIAL SERVICES (WAREHOUSE) (MAY 2025)
6.07 INTENTIONALLY DELETED 35
6.08 INTENTIONALLY DELETED 35
6.09 SNOW REMOVAL (WAREHOUSE) (OCT 2020)
6.10 MAINTENANCE AND TESTING OF SYSTEMS—WAREHOUSE (OCT 2022)
6.11 MAINTENANCE OF PROVIDED FINISHES (WAREHOUSE) (OCT 2016)
6.12 ASBESTOS ABATEMENT (MAY 2025)
6.13 ONSITE LESSOR MANAGEMENT (APR 2011)
6.14 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)
6.15 SCHEDULE OF PERIODIC SERVICES (OCT 2020)
6.16 INTENTIONALLY DELETED 36
6.17 INTENTIONALLY DELETED 37
6.18 RECYCLING—WAREHOUSE (MAY 2025)
6.19 INTENTIONALLY DELETED 37
6.20 INTENTIONALLY DELETED 37
6.21 INDOOR AIR QUALITY (MAY 2025)
6.22 RADON IN AIR (MAY 2025) 37
6.23 INTENTIONALLY DELETED 38
6.24 HAZARDOUS MATERIALS (WAREHOUSE) (MAY 2025)
6.25 MOLD AND WATER INTRUSION (OCT 2023)
6.26 OCCUPANT EMERGENCY PLANS (OCT 2020)
6.27 INTENTIONALLY DELETED 39
6.28 PORTABLE FIRE EXTINGUISHERS (WAREHOUSE) (MAY 2014)
6.29 INTENTIONALLY DELETED 39
6.30 INTENTIONALLY DELETED 39
6.31 ACCESS TO BUILDING INFORMATION (MAY 2014)
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY REQUIREMENTS (OCT 2016)
7.02 MODIFIED LEASE PARAGRAPHS (OCT 2016)
7.03 NO FEDERALLY ELECTED OFFICIALS TO BENEFIT (OCT 2023)
7.04 INTENTIONALLY DELETED 40
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 EXPRESS APPURTENANT RIGHTS (WAREHOUSE) (MAY 2014)
The Government shall have exclusive or non-exclusive (as identified) 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. Automobile Parking. 1 parking spaces for passenger vehicles as depicted on the plan attached hereto as Exhibit B of which 0 spaces shall be marked as reserved for the exclusive use of the Government. In addition, the Lessor shall provide any additional automobile parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property. All spaces must be secured and lit in accordance with the Security Requirements set forth in this Lease. The cost of this parking shall be included as part of the rental consideration.
B. Intentionally Deleted
C. Intentionally Deleted
D. Intentionally Deleted
E. Intentionally Deleted
F. Loading Docks. See “LOADING DOCKS SHELL WAREHOUSE” paragraph in Section 3 of this Lease.
1.02 Intentionally Deleted
1.03 CLEAR CEILING HEIGHT REQUIREMENTS (WAREHOUSE) (MAY 2014)
A minimum of 1,800 ABOA SF must have a clear ceiling height of 10 feet 0 inches, measured from floor to the lowest obstruction, with the balance of the space maintaining a clear ceiling height of a minimum of 10 feet. Bulkheads and hanging or surface mounted light fixtures which impede traffic ways shall be avoided.
1.04 INTENTIONALLY DELETED
1.05 THE PREMISES (WAREHOUSE) (OCT 2022)
The Premises are described as follows:
A. Warehouse and Related Space. XXX,XXX rentable square feet yielding XX ANSI/BOMA Occupant Area (ABOA) square feet (SF) of warehouse Space known as Suite(s) XX, of the Building, as depicted on the floor plan(s) attached hereto as Exhibit XX.
A. Warehouse and Related Space. XX rentable square feet (RSF), yielding XX ANSI/BOMA Occupant Area (ABOA) square feet (SF) of warehouse 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 Clau se of the General Clauses.
1.06 RENT AND OTHER CONSIDERATION (WAREHOUSE) (OCT 2023)
A. The Government shall pay the Lessor annual rent, payable in monthly installments in arrears, at the following rates:
FIRM TERM NON FIRM TERM
ANNUAL RENT ANNUAL RENT
SHELL RENT1 $XXX,XXX.XX $XXX,XXX.XX
OPERATING COSTS2 $ XXX,XXX.XX $ XXX,XXX.XX
TENANT IMPROVEMENTS RENT3 $ XXX,XXX.XX $XXX,XXX.XX
PARKING5 $ XXX,XXX.XX $ XXX,XXX.XX
TOTAL ANNUAL RENT7 $XXX,XXX.XX $XXX,XXX.XX
1Shell rent reflects rental rates as follows:
Firm Term: $XX per RSF, as rounded to nearest penny.
Non-Firm Term: $XX per RSF, as rounded to nearest penny.
2Operating Costs rent reflects a rate of $XX per RSF, as rounded to nearest penny.
3Tenant Improvements of $XX are amortized at a rate of X percent per annum over XX years.
5Parking costs described under sub-paragraph B below.
6Total Annual Rent does not reflect reduction for free rent (if applicable). See subparagraph C below.
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.
D. Intentionally Deleted
E. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance, not to exceed 2,500 ABOA SF based upon the methodology outlined under the “Payment” clause of GSA 3517, General Clauses.
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.
G. If the Government leases the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days leased for that month.
H. Rent shall be paid to Lessor by electronic funds transfer (EFT) in accordance with the provisions of the General Clauses. Rent shall be payable using the EFT information contained in the System for Award Management (SAM). In the event the EFT information changes, the Lessor shall be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental payments until such time as the SAM registration is activated.
I. 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 (with the exclusion of Janitorial and garbage removal), 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 i s not permissible. In addition, an automatic control system shall be provided to assure compliance with heating and air conditioning requirements.
J. For succeeding Leases with an incumbent Lessor where the Government is currently in occupancy and possession of the leased Premises and where the Lease requires the Lessor to perform alterations using either the TIA or BSAC, the amortized tenant improvement rent and/or BSAC rent will not commence until the alterations are complete and accepted by the Government. Upon acceptance of these improvements, the
Government will commence payment of the tenant improvement and/or BSAC rent as stipulated under the Lease, in addition to payment of the tenant improvement and/or BSAC rent for the period starting from the Lease Term Commencement Date to the date of tenant improvement/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).
1.07 Intentionally Deleted
1.08 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 90days’ 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.
1.09 RENEWAL RIGHTS (OCT 2016)
A. This Lease may be renewed at the option of the Government for a term of 5 YEARS at the following rental rate(s):
OPTION TERM, YEARS 1-5
ANNUAL RENT ANNUAL RATE / RSF
SHELL RENTAL RATE $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 90 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.
1.10 DOCUMENTS INCORPORATED IN THE LEASE (WAREHOUSE) (OCT 2023)
The following documents are attached to and made part of the Lease:
1.11 TENANT IMPROVEMENT ALLOWANCE (AUG 2011)
The Tenant Improvement Allowance (TIA) for purposes of this Lease is $10.91 per ABOA SF. The TIA is the amount that the Lessor shall make available for the Government to be used for TIs. This amount is amortized in the rent over the Firm Term of this Lease at an annual interest rate of X percent.
1.12 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)
A. The Government, at its sole discretion, shall make all decisions as to the use of the TIA. The Government may use all or part of the TIA. The
Government may return to the Lessor any unused portion of the TIA in exchange for a decrease in rent according to the agreed-upon amortization rate over the Firm Term.
B. The Government may elect to make lump sum payments for any or all work covered by the TIA. That part of the TIA amortized in the rent shall be reduced accordingly. At any time after occupancy and during the Firm Term of the Lease, the Government, at its sole discretion, may elect to pay lump sum for any part or all of the remaining unpaid amortized balance of the TIA. If the Government elects to make a lump sum payment for the TIA after occupancy, the payment of the TIA by the Government will result in a decrease in the rent according to the amortization rate over the Firm Term of the Lease.
C. If it is anticipated that the Government will spend more than the identified TIA, the Government may elect to:
1. Reduce the TI requirements;
2. Pay lump sum for the overage upon substantial completion in accordance with the “Acceptance of Space and Certificate of Occupancy” paragraph;
3. Negotiate an increase in the rent.
DOCUMENT NAME
NO. OF PAGES
EXHIBIT
FLOOR PLAN(S) A
PARKING PLAN(S) B
AGENCY SPECIAL REQUIREMENTS C
SECURITY REQUIREMENTS D
GSA 3517B, GENERAL CLAUSES E
SEISMIC FORM C, BUILDING RETROFIT OR NEW CONSTRUCTION PREAWARD COMMITMENT F
1.13 TENANT IMPROVEMENT AND BSAC FEE SCHEDULE (OCT 2024)
For pricing TI and BSAC costs, the following rates shall apply for the initial build-out of the Space.
INITIAL BUILD-OUT OUT
ARCHITECT/ENGINEER (A/E) FEES ($ PER ABOA SF, $ FLAT FEE, OR % OF TI AND BSAC CONSTRUCTION COSTS)
$XX PER ABOA SF, $XX FLAT FEE, OR
XX%
LESSOR'S PROJECT MANAGEMENT FEE (% OF TI AND BSAC CONSTRUCTION COSTS) XX%
1.14 INTENTIONALLY DELETED
1.15 INTENTIONALLY DELETED
1.16 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT (OCT 2024)
A. As of the Lease Award Date, the Government’s Percentage of Occupancy, as defined in the “Real Estate Tax Adjustment” paragraph of this
Lease is XX percent. The Percentage of Occupancy is derived by dividing the total Government Space of XX RSF by the total Building space of XX RSF. The tax parcel number is XX.
B. All relevant tax adjustment documentation (e.g. copies of paid tax receipts, invoices) must be submitted online at leasing.gsa.gov or a successor portal.
1.17 INTENTIONALLY DELETED
1.18 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.
1.19 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 b e reduced by $XX.XX per ABOA SF of Space vacated by the Government.
1.20 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.
1.21 ADJUSTMENT FOR REDUCED SERVICES (OCT 2018)
This Lease provides for normal hours of operation as outlined under Lease Paragraph 6.01, Provision of Services, Access, and Normal Hours. In the event the Government requires the following normal hours of operations: 7:00 AM to 5:00 PM, Monday through Friday, with the exception of Federal holidays], the rental rate and the base for operating cost adjustments will be reduced by $XX per ABOA SF, adjusted to include any CPI adjustment as outlined under Lease paragraph entitled Operating Costs Adjustment. This reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the Lease expires or is terminated.
1.22 BUILDING IMPROVEMENTS (OCT 2023)
Before the Government accepts the Space, the Lessor shall complete the following additional Building improvements, as part of shell rent:
A. _______________ B. _______________
C. _______________
1.23 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
https://leasing.gsa.gov/leasing/s/
Lessor’s Unique Entity Identifier (UEI)
UEI: XXXXXXXXXXXX
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (WAREHOUSE) (OCT 2023)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to th e following definitions, standards, and formulas:
A. General Contract Terms.
1. "Contract” means lease.
2. "Contractor” means Lessor.
3. “Days” means calendar days, unless specified otherwise.
4. “Delivery Date” means the date specified in or determined pursuant to the provisions of the lease for delivery of the premises to the
Government, improved in accordance with the provisions of the lease and substantially complete, as such date may be modifi ed in accordance with the provisions of the lease.
5. “Excusable Delays” mean delays arising without the fault or negligence of Lessor and Lessor’s subcontractors and suppliers at any tier, and shall include, without limitation:
a. Acts of God or of the public enemy,
b. Acts of the United States of America in either its sovereign or contractual capacity,
c. Acts of another contractor in the performance of a contract with the Government,
d. Fires,
e. Floods,
f. Epidemics,
g. Quarantine restrictions,
h. Strikes,
i. Freight embargoes,
j. Unusually severe weather, or
k. Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.
6. “Lease Award Date” means the date the LCO executes the lease and furnishes written notification of the executed lease to the successful offeror (usually the date on which the parties’ obligations under the lease begin).
7. "Lease Term Commencement Date” means the date on which the lease term commences.
8. “Substantially Complete” or “Substantial Completion” means that the work, the common and other areas of the building, and all other things necessary for the Government’s access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. The space shall be considered substantially complete only if the space may be used for its intended purpose.
9. “Work” means all alterations, improvements, modifications, and other things required for the preparation or continued occupan cy of the premises by the Government as specified in this lease.
B. Real Property Terms.
1. “ANSI/BOMA” is an acronym for American National Standards Institute/Building Owners and Managers Association.
2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
3. “Appurtenant Areas” means those areas and facilities on the property that are not located within the premises, or for which r ights are expressly granted under this lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect to the
Government's enjoyment of the premises and express appurtenant rights (e.g. parking areas).
4. “Broker” means GSA’s broker, if GSA awarded this lease using a contract real estate broker.
5. “Building” means building(s) situated on the property in which the premises are located.
6. “Commission Credit” means the amount of commission that is credited to the lease, if GSA’s broker agreed to forgo a percentage of its commission, in connection with the award of this lease.
7. “Common Area Factor (CAF)” means a conversion factor determined and applied by the building owner to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. The CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
8. “Firm Term” means the part of the lease term that is not subject to termination rights.
9. “Non-Firm Term” means the part of the lease term following the end of the firm term, which is subject to termination rights.
10. “Premises” means the total occupant area or other type of space, together with all associated common areas described in the lease.
Appurtenant areas (e.g., parking areas) to which the Government has rights under this lease are not included in the premises.
11. “Property” means the land and buildings in which the premises are located, including all appurtenant areas (e.g., parking areas) to which the Government is granted rights.
12. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the bui lding owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus th e CAF, for each type of space included in the premises.
13. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of space.
Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals, except to the extent that such auth ority 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 “Govern ment 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 2023)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:
A. Waste, or, B. Damages or restoration arising from or related to:
1. The Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
2. Any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the
At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
2.05 INTENTIONALLY DELETED
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2024)
A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal name, the Lessor and its successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred, the Lessor shall notify the Government within five days of the transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal name, and the Government's and the Lessor's respective rights and obligations remain unaffected.
C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the Transferee. Wh en executed on behalf of the Government, a Novation Agreement will be made part of the Lease via Lease Amendment.
D. In addition to all documents required by FAR 42.1204, the LCO may request additional information (e.g., copy of the deed, bil l of sale, certificate of merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or Transferee to verify the parties' representations regarding the transfer, and to determine whether the transfer of the Lease is in the Government's interest.
E. If the LCO determines that recognizing the Transferee as the Lessor will not be in the Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall the Government be obligated to release the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to the Government under the Lease that have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must register in the System for Award Management (SAM) for purposes of “All Awards” (See FAR 52.232-33), and complete all required representations and certifications within SAM.
In addition, for leases FSL III or above, the Transferee must also complete 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space. This representation must be completed annually.
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject to the Government's rights as provided for in this Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Lease Amendment incorporating the Novation Agreement. The Lease Amendment will not be issued until the Government has received all information reasonably required by the LCO, the Government has determined that recognizing the Transferee as the Lessor is in the Government's interest (which determination will be prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub-paragraph F. The original Lessor must maintain an active registration in SAM until the Novation process is complete.
2.07 INTENTIONALLY DELETED
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 vacant 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. For example, a Lease which commences in June of 2005 would use the index published for May of 2005, and that figure would be compared with the index published for May of 2006, May of 2007, and so on, to determine the percent change. The Cost of Living Index will be measured by the Department of Labor revised Consumer Price
Index for Urban Wage Earners and Clerical Workers (CPI-W), U.S. city average, all items, (1982 to 1984 = 100) published by the Bureau of Labor Statistics. Payment will be made with the monthly installment of fixed rent. Rental adjustments will be effective on the anniversary date of the Lease; however, payment of the adjusted rental rate will become due on the first workday of the second month following the publication of the Cost of Living Index for the month prior to the commencement of each 12-month period.
C. In the event of any decreases in the Cost of Living Index occurring during the term of the occupancy under the Lease, the ren tal amount will be reduced accordingly. The amount of such reductions will be determined in the same manner as increases in rent provided under this paragraph.
D. If the Government exercises an option to extend the Lease term at the same rate as that of the original term, the option price will be based on the adjustment during the original term. Annual adjustments will continue.
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES (OCT 2023)
A. Within 10 days after Lease award, the Lessor shall provide to the LCO (or representative designated by the LCO) evidence of:
1. A firm commitment of funds in an amount sufficient to perform the work.
2. The names of at least two proposed construction contractors, as well as evidence of the contractors’ experience, competency, and performance capabilities with construction similar in scope to that which is required herein.
3. The license or certification to practice in the state where the Building is located from the individual(s) and/or firm(s) providing architectural and engineering design services.
B. The Government shall have the right to withhold approval of design intent drawings (DIDs) until the conditions specified in sub-paragraph A has been satisfied.
C. Within ten (10) calendar days after the LCO issues the Notice to Proceed (NTP) for TI construction, the Lessor shall provide to the LCO evidence of:
1. Award of a construction contract for TIs with a firm completion date. This date must be in accordance with the construction schedule for
TIs as described in the “Schedule for Completion of Space” paragraph of this Lease.
2. Issuance of required permits for construction of the TIs.
2.11 INTENTIONALLY DELETED
2.12 ENTITY NAME (OCT 2023)
Lessor may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in its entity name that owns and/or leases
Space to GSA.
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 LABOR STANDARDS (MAY 2025)
If the Lessor proposes to satisfy the requirements of this Lease through the construction of a new Building or the complete rehabilitation or reconstruction of an existing Building, and the Government will be the sole or predominant tenant such that any other use of the Building will be functionally or quantitatively incidental to the Government’s use and occupancy, the following FAR clauses shall apply to all work (including shell and TIs) performed prior to the Government's acceptance of space as substantially complete. Full text versions of these clauses are available upon request from the LCO.
Full text versions are also available at HTTPS://WWW.ACQUISITION.GOV/?Q=BROWSEFAR.
52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation
52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work 52.222-6 Construction Wage Rate Requirements
52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-10 Compliance with Copeland Act Requirements
52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination-Debarment
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility.
52.222-62 Paid Sick Leave Under Executive Order 13706.
3.02 WORK PERFORMANCE (JUN 2012)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO. The LCO may reject the
Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private contracts.
3.03 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (MAY 2025)
A. Items and materials existing in the Premises, or to be removed from the Premises during the demolition phase, are eligible fo r reuse in the construction phase of the project. Items considered for reuse shall be in refurbished condition and shall meet the quality standards set forth by the Government in this Lease or shall meet or exceed accepted industry or trade standards for first quality commercial grade applications.
B. The Government will not pay for existing fixtures and other TIs accepted in place.
3.04 INTENTIONALLY DELETED
3.05 WOOD PRODUCTS (MAY 2025)
A. Particle board, medium-density fiberboard, and hardwood plywood shall be free of formaldehyde and labeled as Toxic Substances Control Act
(TSCA) Title VI compliant. Other wood types such as strawboard shall be free of formaldehyde or sufficiently aged prior to use such that indoor air levels in the finished leased space shall not exceed 0.016 parts per million (ppm) of formaldehyde.
B. All materials comprised of combustible substances, such as wood plywood and wood boards, shall be treated with fire retardant chemicals by a pressure impregnation process or other methods that treats the materials throughout as opposed to surface treatment.
3.06 ADHESIVES AND SEALANTS (MAY 2025)
A. All adhesives employed (including, but not limited to, adhesives for carpet, carpet tile, plastic laminate, wall coverings, adhesives for wood, or sealants) shall meet the requirements of the manufacturer of the products adhered or involved. The Lessor shall use adhesives and sealants with no heavy metals and that do not result in indoor air levels above 0.016 parts per million (ppm) of formaldehyde. Adhesives and other materials used for the installation of carpets shall be limited to those having a flash point of 140 degrees F or higher.
3.07 BUILDING SHELL REQUIREMENTS (WAREHOUSE) (OCT 2016)
A. The Building Shell shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to acceptance of Space. For pricing, fulfillment of all requirements not specifically designated as TIs, Building Specific Amortized Capital, Operating Costs, or other rent components as indicated shall be deemed included in the Shell Rent.
https://www.acquisition.gov/?q=browsefar
B. Base structure and Building enclosure components shall be complete. All common areas accessible by the Government, such as lobbies, fire egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational with an adequate number of fixtures for men and women to meet current local codes based on building occupancy and use. All newly installed Building shell components, including but not limited to, heating and ventilation, electrical, ceilings, sprinklers, etc., shall be furnished, installed, and coordinated with TIs. Circulation corridors are provided as part of the base Building only on multi-tenanted buildings where the corridor is common to more than one tenant. In single tenant buildings, only the fire egress corridor(s) necessary to meet code is provided as part of the shell.
C. The Building Shell rental rate shall also include, but is not limited to, costs included listed under Section II of GSA Form 1217, Lessor’s Annual
Cost Statement, including insurance, taxes, lease commission and management, in addition to profit, reserve costs and loan financing for the
Building.
3.08 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (OCT 2022)
A. The Lessor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawin gs, specifications, and other services furnished by the Lessor under this contract. The Lessor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services.
B. The Lessor remains solely responsible for designing, constructing, operating, and maintaining the leased premises in full accordan ce with the requirements of the Lease. The Government retains the right to review and approve many aspects of the Lessor’s design, including without limitation, review of the Lessor’s design and construction drawings, shop drawings, product data, finish samples, and completed base building and TI construction. Such review and approval is intended to identify potential design flaws, to minimize costly misdirection of effort, and to assist the Lessor in its effort to monitor whether such design and construction comply with applicable laws and satisfy all Lease requirements.
C. Neither the Government’s review, approval or acceptance of, nor payment through rent of the services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Lessor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the
Lessor’s negligent performance of any of the services required under this Lease.
D. Design and construction and performance information is contained throughout several of the documents which comprise this Lease. The Lessor shall provide to space planners, architects, engineers, construction subcontractors, etc., all information required whether it is found in this Lease, special requirements and attachments, price lists, or design intent drawings. Reliance upon one of these documents to the exclusion of any other may result in an incomplete understanding of the scope of the work to be performed and/or services to be provided.
3.09 QUALITY AND APPEARANCE OF BUILDING (WAREHOUSE) (MAY 2014)
The Building in which the leased Space is located shall be designed, built, and maintained in good condition, suitable for Lessee’s use at all times, and in accordance with the requirements of this Lease.
3.10 VESTIBULES (OCT 2023)
A. Vestibules shall be provided at public entrances wherever entry to the Space is directly from the outside. In the event of negative air pressure conditions, provisions shall be made for equalizing air pressure. For measurement purposes, vestibules are considered building support space and not ABOA.
B. The Lessor shall provide permanent entryway systems (such as grilles or grates) to control dirt and particulates from entering the Building at all primary exterior entryways.
3.11 MEANS OF EGRESS (WAREHOUSE) (MAY 2015)
A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meet, either the applicable egress requirements in the National Fire Protection Association, Life Safety Code (NFPA 101), or the International Code Council, International Building Code (IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent level of safety deemed acceptable by the Government.
B. The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy.
C. Doors shall not be locked in…
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