Sale-Leaseback Template L101_(May 2025).pdf

LEASE NO.

GS-XXP-LXXXXXXX

BUILDING NO. XXXXXX

GSA TEMPLATE L101

Sale-Leaseback (5/2025)

INSTRUCTIONS TO LEASING SPECIALIST: delete red text below 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: Do not attempt to complete this lease (GSA Lease Template L101 Sale-Leaseback, hereinafter Template). Upon selection for award GSA will transcribe the final rent and other price into a Template and transmit the completed Template.

A. This Lease is made and entered into between

Lessor’s Name

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

The United States of America

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

B. Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:

Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at

[Address] and more fully described in Section 1 and Exhibit XX, together with rights to the use of parking and other areas as set forth herein, to be used for such purposes as determined by GSA.

C. LEASE TERM

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

To Have and To Hold the said Premises with its appurtenances for the term beginning MONTH DAY, YEAR, and continuing for a period of

X Years, X Years Firm, subject to termination and renewal rights as may be hereinafter set forth.

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: ____________________________________________

Unique Entity Identifier (UEI): ____________________________

FOR THE GOVERNMENT

Name: ____________________________________________

Title: Lease Contracting Officer

General Services Administration, Public Buildings Service

Date: ____________________________________________

WITNESSED FOR THE LESSOR BY:

Name: ____________________________________________

Title: ____________________________________________

Date: ____________________________________________

The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.

LEASE NO. GS-XXP-LXXXXXXX, PAGE 1 GSA TEMPLATE L101 Sale-Leaseback

REV (5/25)

DRAFT

LEASE NO. GS-XXP-LXXXXXXX, PAGE 2 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

Sale-Leaseback

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS 3

1.01 THE PREMISES (APR 2025) 3

1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) 3

1.03 RENT AND OTHER CONSIDERATION (May 2025) 3

1.04 TERMINATION RIGHTS (OCT 2016) 4

1.05 RENEWAL RIGHTS (APR 2025) 4

1.06 DOCUMENTS INCORPORATED in the lease (APR 2025) 4

1.07 HOURLY overtime HVAC RATES (APR 2025) 4

1.08 BUILDING IMPROVEMENTS (MAY 2025) 4

SECTION 2 General Terms, Conditions, and Standards 5

2.01 DEFINITIONS AND General Terms (APR 2025) 5

2.02 AUTHORIZED REPRESENTATIVES (OCT 2016) 5

2.03 WAIVER OF RESTORATION (OCT 2023) 6

2.04 CHANGE OF OWNERSHIP/NOVATION (APR 2025) 6

SECTION 3 Construction Standards and Shell Components 7

3.01 BUILDING SHELL REQUIREMENTS (APR 2025) 7

3.02 Fire & Life Safety (APR 2025) 7

3.03 ELEVATORS (APR 2025) 7

3.04 Accessibility (OCT 2024) 7

3.05 HEATING, VENTILATION, AND AIR CONDITIONING - Shell (APR 2025) 7

SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM 8

4.01 PROVISION OF SERVICES, ACCESS, AND normal HOURS (oct 2022) 8

4.02 UTILITIES (APR 2025) 8

4.03 HEATING AND AIR CONDITIONING (APR 2025) 8

4.04 JANITORIAL SERVICES (APR 2025) 8

4.05 ASBESTOS (May 2025) 8

4.06 CERTIFICATE OF OCCUPANCY (MAY 2025) 8

4.07 Identity Verification of Personnel (OCT 2022) 9

4.08 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013) 9

4.09 SAFEGUARDING AND DISSEMINATION OF controlled unclassified INFORMATION (cui) building information (OCT 2022) 9

4.10 INDOOR AIR QUALITY (APR 2025) 10

4.11 HAZARDOUS MATERIALS (APR 2025) 11

4.12 MOLD and water intrusion (APR 2025) 11

LEASE NO. GS-XXP-LXXXXXXX, PAGE 3 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

INSTRUCTIONS FOR CREATING LEASE DOCUMENT

LEASE NO. GS-XXP-LXXXXXXX, PAGE 4 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.01 THE PREMISES (APR 2025)

The Premises are described as follows:

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

XX.

B. Common Area Factor. The Common Area Factor (CAF), defined under Section 2 of the Lease, is established as XX percent. This factor, rounded to the nearest whole percentage, shall be used for purposes of rental.

1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013)

The Government shall have the non-exclusive right to the use of Appurtenant Areas and shall have the right to post Rules and Regulations Governing Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure signage is consistent with Lessor’s standards. Appurtenant to the Premises and included in the Lease are rights to use the following:

A. Parking. XX parking spaces as depicted on the plan attached hereto as Exhibit XX, reserved for the exclusive use of the Government, of which

XX shall be structured/inside parking spaces, and XX shall be surface/outside parking spaces. In addition, the Lessor shall provide such additional parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property.

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

ACTION REQUIRED: aDJUST THE RENTAL RATES IN the TABLE TO REFLECT THE RENTAL RATES OF the LEASE. IF INCLUDING PARKING, OBTAIN determination and findings document from the agency acknowledging the agency’s appropriated funds may be used to acquire employee parking.

1.03 RENT AND OTHER CONSIDERATION (MAY 2025)

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

INITIAL TERM

ANNUAL RENT

SHELL RENT1 $XXX,XXX.XX

OPERATING COSTS2 $ XXX,XXX.XX

PARKING3 $ XXX,XXX.XX

TOTAL ANNUAL RENT4 $XXX,XXX.XX

1Shell rent reflects rental rates as follows:

(Firm Term) $XX per RSF, as rounded to the nearest penny.

(Non-Firm Term) $XX per RSF, as rounded to the nearest penny.

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

3Parking costs described under sub-paragraph C below.

4Total Annual Rent does not reflect reduction for free rent (if applicable). See subparagraph C below.

B. In the event of Government occupancy beyond one year, the Government shall pay an annual incremental adjusted rent for changes in

Operating Costs by multiply the operating cost base by 3.0%. Payment will be made with the monthly installment of fixed rent. Rental adjustments will be effective on the anniversary date of the Lease, in arrears.

C. 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).

D. 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.

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

LEASE NO. GS-XXP-LXXXXXXX, PAGE 5 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

F. 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 to meet lease requirements.

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

1.04 TERMINATION RIGHTS (OCT 2016)

The Government may terminate this Lease, in whole or in parts, at any time effective after the Firm Term of this Lease, by providing not less than XX days’ prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. No rental shall accrue after the effective date of termination.

1.05 RENEWAL RIGHTS (APR 2025)

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

YEAR X YEAR X YEAR X YEAR X

ANNUAL RENT (ANNUAL

RATE/RSF)

ANNUAL RENT (ANNUAL

RATE/RSF)

ANNUAL RENT (ANNUAL

RATE/RSF)

ANNUAL RENT (ANNUAL

RATE/RSF)

SHELL RENTAL RATE $X,XXX ($XX. XX /RSF) $X,XXX ($XX. XX /RSF) $X,XXX ($XX. XX /RSF) $X,XXX ($XX. XX /RSF) OPERATING COSTS OPERATING RENT DURING OPTION YEARS ARE SUBJECT TO ANNUAL ADJUSTMENTS PER 1.03 B.

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.

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.

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

NOTE: ONLY INCLUDE “FOREIGN OWNERSHIP AND FINANCING REPRESENTATION” FOR FSL III, IV or V PROJECTS. OTHERWISE, DELETE.

YOU MUST NOTIFY CLIENT AGENCY PRIOR TO AWARD IF THE REPRESENTATION DISCLOSES FOREIGN OWNERSHIP OR

FINANCING.

1.06 DOCUMENTS INCORPORATED IN THE LEASE (APR 2025)

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

DOCUMENT NAME NO. OF PAGES EXHIBIT

FLOOR PLAN(S)

PARKING PLAN(S)

SECURITY REQUIREMENTS

GSA 3517S GENERAL CLAUSES

APPROVED SMALL BUSINESS SUBCONTRACTING PLAN

GSAR 552.270-33 FOREIGN OWNERSHIP AND FINANCING REPRESENTATION FOR HIGH-SECURITY LEASED SPACE

1.07 HOURLY OVERTIME HVAC RATES (APR 2025)

A. The following rates shall apply for heating or cooling outside of the Building’s normal hours. Overtime usage services may be ordered by the

Government's authorized representative only.

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.

LEASE NO. GS-XXP-LXXXXXXX, PAGE 6 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

1.08 BUILDING IMPROVEMENTS (MAY 2025)

Under no circumstances will the Government be liable for any costs or associated repairs needed to bring the building into compliance with the local jurisdiction or for the Lessor to obtain a Certificate of Occupancy. The Lessor shall complete the following additional Building improvements, as part of shell rent:

A. _______________ B. _______________ C. _______________

LEASE NO. GS-XXP-LXXXXXXX, PAGE 7 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS

2.01 DEFINITIONS AND GENERAL TERMS (APR 2025)

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

A. General Contract Terms.

1. "Contract” means lease.

2. "Contractor” means Lessor.

3. “Days” means calendar days, unless specified otherwise.

4. “Lease Award Date” means the date the LCO executes the lease and furnishes written notification of the executed lease to the Lessor

(usually the date on which the parties’ obligations under the lease begin).

5. "Lease Term Commencement Date” means the date on which the lease term commences.

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 rights are expressly granted under this lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect to the Government's enjoyment of the premises and express appurtenant rights (e.g., parking areas).

4. “Building” means building(s) situated on the property in which the premises are located.

5. “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.

6. “Firm Term” means the part of the lease term that is not subject to termination rights.

7. “Non-Firm Term” means the part of the lease term following the end of the firm term, which is subject to termination rights.

8. “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.

9. “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.

10. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the building owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus the CAF, for each type of space included in the premises.

11. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of space.

Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.

2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)

Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its Lease Contracting Officer (LCO) by notice, without an express delegation by the prior LCO.

LEASE NO. GS-XXP-LXXXXXXX, PAGE 8 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

2.03 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

Government.

At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.

2.04 CHANGE OF OWNERSHIP/NOVATION (APR 2025)

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

LEASE NO. GS-XXP-LXXXXXXX, PAGE 9 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS

3.01 BUILDING SHELL REQUIREMENTS (APR 2025)

The Building Shell shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to acceptance of Space and in accordance with any applicable state and local codes. 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.

3.02 FIRE & LIFE SAFETY (APR 2025)

A. Means of egress. The Premises and any parking garage areas shall meet or will be upgraded to meet, 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. Automatic fire sprinkler system. Automatic fire sprinkler system(s) shall be maintained in accordance with the requirements of NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems (current as of the Lease Award Date).

C. Fire alarm system. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date).

D. Telecommunications: distribution and equipment. Bonding and grounding shall be in accordance with NFPA Standard 70, National Electrical

Code, and other applicable NFPA standards and/or local code requirements.

E. Doors and hardware. Fire door assemblies and their accompanying hardware, including frames and closing devices shall be installed in accordance with the requirements of NFPA 80, Standard for Fire Doors and Other Opening Protectives.

3.03 ELEVATORS (APR 2025)

A. The Lessor shall provide suitable passenger elevator and, when required by the Government, freight elevator service to any of the Premises not having ground level access. Service shall be available during the normal hours of operation specified in this Lease.

B. Code. Elevators shall conform to the requirements of the American Society of Mechanical Engineers ASME A17.1/CSA B44, Safety Code for

Elevators and Escalators that were in effect based on the elevator installation date code year. Elevators shall be provided with Phase I emergency recall operation and Phase II emergency in-car operation in accordance with ASME A17.1/CSA B44. Fire alarm initiating devices (e.g., smoke detectors) used to initiate Phase I emergency recall operation shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code. The elevators shall be inspected and maintained in accordance with the current edition of the ASME A17.2, Inspector’s Manual for Elevators. Except for the reference to ASME A17.1 in ABAAS, Section F105.2.2, all elevators must meet ABAAS requirements for accessibility in Sections 407, 408, and 409 of ABAAS.

C. Safety Systems. Elevators shall be equipped with telephones or other two-way emergency communication systems. The system used shall be marked and shall reach an emergency communication location staffed 24 hours per day, 7 days per week.

3.04 ACCESSIBILITY (OCT 2024)

The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10) and 36 CFR 1190 to the extent applicable. To the extent the standards referenced in the preceding sentence conflict with local accessibility requirements, the more stringent shall apply.

3.05 HEATING, VENTILATION, AND AIR CONDITIONING - SHELL (APR 2025)

During working hours in periods of heating and cooling, ventilation shall be provided in accordance with American National Standards Institute, American Society of Heating, Refrigeration and Air-Conditioning Engineers (ANSI/ASHRAE) Standard 62.1, Ventilation for Acceptable Indoor Air Quality. Lessors must comply with: (a) the version of ASHRAE Standard 62.1 that corresponds with how the HVAC system was designed to perform, or (b) ASHRAE Standard 62.1-2004 – whichever is later.

LEASE NO. GS-XXP-LXXXXXXX, PAGE 10 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM

ACTION REQUIRED: TYPE IN TENANT AGENCY HOURS OF OPERATION in the paragraph below. If tenant agency requires after hours cleaning.

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

A. The Government’s normal hours of operations are established as XX AM to XX PM, Monday through Friday, with the exception of Federal holidays. Services, maintenance, and utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, including the use, during other than normal hours, of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed during normal hours.

B. The Lessor and the Lessor’s representatives, employees and subcontractors shall demonstrate a cooperative, positive, welcoming, respectful, professional and business-like demeanor and shall present a neat, clean, job-appropriate (professional) appearance.

4.02 UTILITIES (APR 2025)

The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.

4.03 HEATING AND AIR CONDITIONING (APR 2025)

A. In all office areas, temperatures shall conform to local commercial equivalent temperature levels and operating practices in order to maximize tenant satisfaction. Thermostats shall be set to maintain temperatures of 72 degrees F (+/- 3 degrees) during the heating season and 75 degrees F (+/- 3 degrees) during the cooling season. These temperatures shall be maintained throughout the leased Premises and service areas, regardless of outside temperatures, during the hours of operation specified in the Lease. The Lessor shall perform any necessary systems start-up required to meet the commercially equivalent temperature levels prior to the first hour of each day’s operation. At all times, the dew point shall be maintained below 55 degrees F in occupied spaces, and below 60 degrees F in unoccupied spaces.

B. XX ABOA SF of the Premises shall receive cooling at all times (24 hrs. a day, 365 days a year) for purposes of cooling the designated server room. The BTU output of this room is established as XX BTU per hour. The temperature of this room shall be maintained at XX degrees F, with humidity control not to exceed 60% relative humidity, regardless of outside temperature or seasonal changes.

C. In addition to the server room requirements stated above, the following areas shall receive HVAC at all times:

1. ____________________

2. ____________________

D. The 24 hour, 365 days a year HVAC service(s) stated above shall be provided by the Lessor as part of the operating rent established under the

4.04 JANITORIAL SERVICES (APR 2025)

The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access, including high-touch surfaces (e.g., doorknobs, light switches, handles, handrails, and elevator buttons) in a clean condition and shall provide supplies and equipment for the term of the Lease. The following schedule describes the level of services intended. Performance will be based on the LCO’s evaluation of results, not the frequency or method of performance.

A. Daily. Empty trash receptacles. Sweep entrances, lobbies, and corridors. Spot sweep floors, and spot vacuum carpets. Clean drinking fountains. Sweep and damp mop or scrub restrooms. Clean all restroom fixtures and replenish restroom supplies. Dispose of all trash and garbage generated in or about the Building. Wash inside and out or steam clean cans used for collection of food remnants from snack bars and vending machines. Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient floors in main corridors, entrances, and lobbies. Clean elevators and escalators. Remove carpet stains. Police sidewalks, parking areas, and driveways.

Sweep loading dock areas and platforms. Clean glass entry doors to the Space. Clean all high-touch surfaces.

B. As required. Properly maintain plants and lawns. Provide initial supply, installation, and replacement of light bulbs, tubes, ballasts, and starters. Provide and empty exterior ash cans and clean area of any discarded cigarette butts. Remove snow and ice from entrances, exterior walks, and parking lots of the building by the beginning of the normal working hours and continuing throughout the day.

C. Pest control. Control pests as appropriate, using integrated pest management techniques.

4.05 ASBESTOS (MAY 2025)

A. Abatement. If asbestos abatement work is to be performed in the Space after occupancy, the Lessor shall submit to the Government documentation that the abatement was done in accordance with OSHA, EPA, DOT, state, and local regulations and that final clearance is achieved.

B. Management. If asbestos is being managed in place, the Lessor shall submit to the Government an asbestos management plan.

LEASE NO. GS-XXP-LXXXXXXX, PAGE 11 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE L101

4.06 CERTIFICATE OF OCCUPANCY (MAY 2025)

The Lessor shall provide a valid Certificate of Occupancy (C of O), issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not issue C of O’s or if the C of O is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements of this Lease.

4.07 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)

A. The Government reserves the right to verify identities of personnel with routine and/or unaccompanied access to the Government's Space, including both pre and post occupancy periods. The Lessor shall comply with GSA personal identity verification requirements, identified in GSA Order 2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing Handbook. The Lessor can find the policy and additional information at HTTP://WWW.GSA.GOV/HSPD12. This policy requires the Government to conduct background investigations and make HSPD-12 compliant suitability determinations for all persons with routine or unaccompanied access to Government leased Space. By definition, this includes at a minimum each employee of the Lessor, as well as employees of the Lessor's contractors or subcontractors who will provide building operating services requiring routine access to the Government’s leased Space for a period greater than 6 months. The Government may also require this information for the Lessor's employees, contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government’s Space.

B. Application Process: The background investigation will be done using the Government's prescribed process. The Lessor must provide information on each of their contractor/personnel meeting the above criteria to the Government, whereupon each identified contractor/personnel will be notified with instructions for completing the identity verification application within a given time frame. The application process will include completing supplemental information forms that must be inputted into the identity verification system in order for the application to be considered complete. Additionally, the Lessor must ensure prompt completion of the fingerprint process for their contractor/personnel. Email notifications will be sent with instructions on the steps to be taken to schedule an appointment for fingerprinting at an approved regional location along with instructions on how to complete the background investigation application.

C. The Lessor must ensure the Lease Contracting Officer (or the Lease Contracting Officer's designated representative) has all of the requested documentation timely to ensure the completion of the investigation.

D. Based on the information furnished, the Government will conduct background investigations. The Lease Contracting Officer will advise the

Lessor in writing if a person fails the investigation, and, effective immediately, that person will no longer be allowed to work or be assigned to work in the Government’s Space.

E. Throughout the life of the Lease, the Lessor shall provide the same data for any new employees, contractors, or subcontractors who will be assigned to the Government’s Space in accordance with the above criteria. All Lessor's contractor(s) and subcontractor(s) shall follow the requirements of background investigation in accordance with GSA HSPD-12 policy.

F. The Lessor is accountable for not allowing contractors to start work without the successful completion of the appropriate background investigation as required by GSA policy.

G. Access Card Retrieval/Return: Upon an Entry on Duty notification, the Government will issue a Personal Identity Verification (PIV) credential that is sometimes referred to as a GSA Access card. Lessors are responsible for all PIV credential issued to their contractors/personnel pursuant to this Lease. Lessors are specifically responsible for ensuring that all GSA PIV access cards are returned to the Lease Contracting Officer or their designee whenever their employees or a contractor no longer require access to the Space (such as When no longer needed for contract performance, upon completion of the Contractor employee’s employment, and upon contract completion or termination). Additionally, the Lessor must notify the Lease Contracting Officer or their designee whenever a GSA PIV Access card is lost or stolen in which event the Lessor may be responsible for reimbursing the Government for replacement credentials at the current cost per PIV HSPD12 credential.

Unreturned PIV Access cards will be considered as lost or stolen cards.

H. The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to

Government leased Space throughout the term of the Lease to determine who may have access to the Premises.

I. The Lease Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

J. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a federal information system.

4.08 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)

During the term of the Lease, the Lessor may not establish vending facilities within the leased Space that will compete with any Randolph-Sheppard vending facilities.

4.09 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022)

This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at

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HTTPS://WWW.ARCHIVES.GOV/FILES/CUI/20161206-CUI-MARKING-HANDBOOK-V1-1.PDF) before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov, and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800-171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and

USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. CUI markings must not appear on the exterior of packages.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this clause. This list must include, at a minimum: (1) the name of the state, Federal, or local government entity, utility, or firm to which CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual; and (4) a description of the CUI building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA

Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

8. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

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4.10 INDOOR AIR QUALITY (APR 2025)

A. The Lessor shall control airborne contaminants at the source in accordance with OSHA regulatory limits.

B. Radon in air. The radon concentration in the air of the Space shall be less than 4 picoCuries per liter (pCi/L) for childcare and 25 pCi/L for all other space, herein called “GSA action levels.” For further information on radon, go to HTTP://WWW.EPA.GOV/RADON.

4.11 HAZARDOUS MATERIALS (APR 2025)

A. The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable Federal, state, and local environmental regulations.

B. Lessor shall, to the extent of its knowledge, notify the Government of the introduction of any hazardous materials, substances, and wastes onto the Property by Lessor or others, including but not limited to, co-tenants occupying Space in the Building.

4.12 MOLD AND WATER INTRUSION (APR 2025)

A. Actionable Condition. An actionable condition is defined as either:

1. Visible mold or airborne mold of types and concentrations in excess of that found in the local outdoor air or non-problematic control areas elsewhere in the same building, whichever is lower, or

2. Water-Damaged Building materials which could potentially create conditions for mold or microbial amplification.

B. The Lessor shall provide Space to the Government that is free from ongoing water leaks or moisture infiltration. The Space and ventilation zones serving the Space shall also be free of actionable conditions, as defined by subparagraph A.

C. The Lessor shall safely remediate all actionable conditions identified by the consultant using a qualified remediation contractor following the methods identified in EPA’s Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, September 2008 or the current version of ANSI/IICRC S520-2015: Standard for Professional Mold Remediation) and all applicable state laws pertaining to mold remediation practices. The Lessor shall provide GSA with a detailed work plan from the remediation contractor on how they plan to address the actionable conditions and include qualifications of the remediation contractor. The Lessor shall employ a qualified industrial hygienist, independent of the remediation contractor to verify that remediation has been completed per the industry standards listed above and that the space is safe for re-occupancy.

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