Item C06 C.6
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: C.6
Agenda Item Summary #5481
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
none
AGENDA ITEM WORDING: Approval of a ten-year lease agreement with the GSA for TSA's
space at the Key West International Airport.
ITEM BACKGROUND: The GSA is the leasing agent for the TSA. The airport has leased space
to the TSA for TSA screening purposes since 2003.
PREVIOUS RELEVANT BOCC ACTION:
Since 2003, the GSA has leased space at the Airport for the TSA. On April 15, 2015, the BOCC
approved the current 5-year lease that expires on June 30, 2019.
CONTRACT/AGREEMENT CHANGES:
New 10-year lease at the increased terminal rental rate of$59.23/sq.ft.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
GSA TSA Office
FINANCIAL IMPACT:
Effective Date: July 1, 2019
Expiration Date: June 30, 2029
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
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C.6
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $33,050.34/yr.
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto Completed 04/15/2019 10:34 AM
Richard Strickland Completed 04/16/2019 11:06 AM
Pedro Mercado Completed 04/16/2019 11:20 AM
Budget and Finance Completed 04/16/2019 11:31 AM
Maria Slavik Completed 04/22/2019 12:59 PM
Kathy Peters Completed 04/25/2019 8:56 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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C.6.a
On-Airport Lease
LEASE NO. GS-04P-LFL00317 GSA FORM L201D(October 2018)
This Lease is made and entered into between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(Lessor),whose principal place of business is 1100 Simonton Street,Key West, FL 33D40, and whose interest in the Property described herein is
that of Fee Owner,and
THE UNITED STATES OF AMERICA
(Government),acting by and through the designated representative of the General Services Administration(GSA)„upon the terms and conditions set
forth herein.
Witnesseth:The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein,being all or a portion of the Property located at
Key West International Airport
3491 South Roosevelt Boulevard
Key West,FL 33040-5295
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. E
LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the tern beginning upon acceptance of the Premises as required by this Lease and
continuing for a period of
10 Years,5 Years Firm,
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subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease is,July 1,2019 through June 30„
2029 along with any applicable termination and renewal rights. N
In Witness Whereof, the parties to this Lease evidence their agreement to all wrms 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: FOR THE GOVERNMENT:
Name Name:
Title Title:: Lease Contracting Officer
Entity Name, General Services Administration,Public Buildings Service
ca
Date: ..,. ,..,. ...M,... n,..... .,�-M.�.. .... .... Date: .... ,... ------ —-----------
IN Wi WHEREOF,the parties have caused this lease to be executed this. day of,. 2018.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST VIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
ANEY
Deputy Clerk Mayor/Chairperson
ASSISTAI ATTO NEY.
Date. 3
LEASE NO.GS-04P-LFL00317 LESSOR.—GOVERNMENT:— GSA FORM L2010(10118)
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C.6.a
TABLE OF CONTENTS
ON-AIRPORT LEASE
1.01 THE PREMISES(SEP 2015).................................................................................................................................................................... 1
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)................................................................................................................................... 1
1.03 RENT AND OTHER CONSIDERATION(ON-AIRPORT)(OCT 2017)..................................................................................................... 1
1.04 TERMINATION RIGHTS(ON-AIRPORT)(SEP 2013).............................................................................................................................2
1.05 RENIPAIAi RIGHTS(OCT 2016)INTENTIONALLY DELETED...............................................................................................................2
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(OCT 2017).....................................................................................2
1.07 QPFRATINIG C99T QASE(9CT 2916)INTENTIONALLY DELETED....................................................................................................2
1.08 LESSOR'S DUNS NUMBER(OCT 2017)................................................................................................................................................2
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS..............................................................................................................3
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)...............................................................................................................................3
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016)...................................................................................................................................3
2.03 WAIVER OF RESTORATION(OCT 2018)...............................................................................................................................................4
2.04 OPERATING COSTS AD ii ISTMENT( I N 2912-)INTENTIONALLY DELETED....................................................................................4
2.05 RELOCATION RIGHTS(JUN 2012).........................................................................................................................................................4
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION(ON-AIRPORT)(JUN 2012).....................................................4
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(ON-AIRPORT)(MAY 2015).........................................................4
2.08 ALTERATIONS PRIOR TO ACCEPTANCE(JUN 2012)..........................................................................................................................4
2.09 SYSTEM FOR AWARD MANAGEMENT(OCT 2017).............................................................................................................................4
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT(APR 2011)....................................................................................................4
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS..................................................................................................5
3.01 BUILDING SHELL REQUIREMENTS(ON-AIRPORT)(SEP 2013).........................................................................................................5 U)
3.02 MEANS OF EGRESS(MAY 2015)...........................................................................................................................................................5
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)...........................................................................................................................5
3.04 FIRE ALARM SYSTEM(SEP 2013).........................................................................................................................................................5
3.05 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011).............................................................................................................6
3.06 ACCESSIBILITY(FEB 2007)....................................................................................................................................................................6 cv
3.07 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL(APR 2011).....................................................................................................6
3.08 RESTROOMS(ON-AIRPORT)(JUN 2012).............................................................................................................................................6
3.09 HEATING,VENTILATION,AND AIR CONDITIONING(ON-AIRPORT)(APR 2011)..............................................................................6
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(ON-AIRPORT)(SEP 2013).......................................................................6
SECTION 4 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM..............................................................................7
4.01 SERVICES, UTILITIES,AND MAINTENANCE(ON-AIRPORT)(OCT 2013)..........................................................................................7
4.02 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS FOR AIRPORT OCCUPANCIES(SEP 2013)...................................7
4.04 RECYCLING(ON-AIRPORT)(JUN 2012)................................................................................................................................................7
4.05 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013).............................................................................................................................7
4.06 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION (OCT 2017).......7
4.07 INDOOR AIR QUALITY(OCT 2016)........................................................................................................................................................8
4.08 HAZARDOUS MATERIALS(ON-AIRPORT)(OCT 2018)........................................................................................................................9
4.09 OCCUPANT EMERGENCY PLANS(SEP 2013).....................................................................................................................................9
SECTION 5 ADDITIONAL TERMS AND CONDITIONS.................................................................................................................................10
5.01 SECURITY REQUIREMENTS(OCT 2016)............................................................................................................................................ 10
LEASE NO.GS-04P-LFL00317 LESSOR: GOVERNMENT: GSA FORM L201 D(10/18)
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SECTION 1 THE PREMISES, RENT,AND OTHER TERMS
1.01 THE PREMISES(SEP 2015)
The Premises are described as follows:
A. Office and Related Space: 558 rentable square feet (RSF), yielding 558 ANSI/BOMA Office Area (ABOA)square feet (SF) of office and
related Space located on the second floor and known as Suites 218 and 205,of the Building,as depicted on the floor plan attached hereto as Exhibit
A.
B. Common Area Factor: The Common Area Factor(CAF)is established as 1.00 percent. This factor,which represents the conversion from
ABOA to rentable square feet, rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordance with the
Payment Clause of the General Clauses.
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas,and shall have the right to post Rules and Regulations Governing
Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure
signage is consistent with Lessor's standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. PaFkiR9 Intentionally Deleted
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.
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1.03 RENT AND OTHER CONSIDERATION(ON-AIRPORT)(OCT 2017)
A. The Government shall pay the Lessor annual rent payable monthly in arrears at the following rates:
FIRM TERM NON-FIRM TERM
7/1/2019-6/30/2024 7/1/2024-6/30/2029
ANNUAL RENT ANNUAL RENT
SHELL RENT $33,050.34 $33,050.34
OPERATING COSTS $0.00 $0.00 0
TOTAL ANNUAL RENT $33,050.34 $33,050.34
Shell rent calculation:
(Firm Term)$59.23 per RSF multiplied by 558 RSF
(Non Firm Term)$59.23 per RSF multiplied by 558 RSF
B. Intentionally Deleted f!5
C. Intentionally Deleted
D. Rent is subject to adjustment based upon a mutual measurement of the Space upon acceptance, not to exceed 558 ABOA SF. based upon
the methodology outlined under the"Payment"clause of GSA Form 3517.
E. Intentionally Deleted
F. If the Government occupies the Premises for less than a full calendar month,then rent shall be prorated based on the actual number of days
of occupancy for that month.
G. Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable to
the Payee designated by the Lessor in the System for Award Management(SAM). If the payee is different from the Lessor, both payee and Lessor
must be registered in SAM. This registration service is free of charge.
H. The Lessor shall provide to the Government,in exchange for the payment of rental and other specified consideration,the following:
1. The leasehold interest in the Property described herein in the paragraph entitled"The Premises,"
2. All costs,expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease, including
all costs for labor, materials, and equipment, professional fees, contractor fees, attorney fees, permit fees, inspection fees, and similar such fees, and
all related expenses;
3. Performance or satisfaction of all other obligations set forth in this Lease;and,
4. All services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in accor-
dance 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.
LEASE NO.GS-04P-LFL00317 LESSOR: GOVERNMENT: GSA FORM L201 D(10/18)
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1.04 TERMINATION RIGHTS(ON-AIRPORT)(SEP 2013)
A. The Government may terminate this Lease, in whole or in part, at any time during the term of this lease with 60 days' prior written notice to
the Lessor if (i) regularly scheduled commercial air services cease, (ii) the airport opts to replace TSA screeners with private contractors, (iii) the
checkpoint supported by the leased Space is closed, or(iv)the Government reduces its presence at the airport due to a reduction in enplanements.
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.
B. Intentionally Deleted
1.05 Rr=N;4AfAI RIGHTS rnrT 20449 INTENTIONALLY DELETED
1.06 DOCUMENTS INCORPORATED IN THE LEASE(ON-AIRPORT)(OCT 2017)
The following documents are attached to and made part of the Lease:
NO. OF
DOCUMENT NAME PAGES EXHIBIT
Floor Plan 1 A
Facility Security 2 8 B
GSA Form 3517A,General Clauses 4 C
1.07 /I-PER ATING COST RACE(OCT 2016)INTENTIONALLY DELETED
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1.08 LESSOR'S DUNS NUMBER(OCT 2017) E
Lessor's Dun&Bradstreet DUNS Number: 073876757.
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SECTION 2 GENERAL TERMS, CONDITIONS,AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,
standards,and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises,
but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated
with respect to the Government's enjoyment of the Premises and express appurtenant rights.
B. Broker. If GSA awarded this Lease using a contract real estate broker, Broker shall refer to GSA's broker.
C. Building. Building(s)situated on the Property in which the Premises are located.
D. Commission Credit. If GSA awarded this Lease using a Broker, and the Broker agreed to forego a percentage of its commission to which it
is entitled in connection with the award of this Lease,the amount of this credit is referred to as the"Commission Credit."
E. Common Area Factor. The"Common Area Factor"(CAF)is a conversion factor determined by the Building owner and applied by the owner
to the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount
of rentable SF and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% [(11,500
RSF-10,000 ABOA SF)/10,000 ABOA SF]. For the purposes of this Lease, the CAF shall be determined in accordance with the applicable 0
ANSI/BOMA standard for the type of space to which the CAF shall apply. E
F. Contract. Contract shall mean this Lease.
G. Contractor. Contractor shall mean Lessor.
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H. Days. All references to"day"or"days"in this Lease shall mean calendar days, unless specified otherwise.
I. FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1.
J. Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is that cv
part of the Lease term following the end of the Firm Term.
K. GSAR. All references to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
L. Lease Term Commencement Date. The date on which the Lease term commences.
M. Lease Award Date. The date the LCO executes the Lease and mails or otherwise furnishes written notification of the executed Lease to the
successful Offeror(date on which the parties'obligations under the Lease begin). (n
N. Premises. The Premises are defined as the total Office Area or other type of Space, together with all associated common areas, described <
in Section 1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights
under this Lease are not included in the Premises.
O. Property. The Property is defined as the land and Buildings in which the Premises are located, including all Appurtenant Areas (e.g.,
parking areas)to which the Government is granted rights.
P. Rentable Space or Rentable Square Feet (RSF). Rentable Space is the area for which a tenant is charged rent. It is determined by the
Building owner and may vary by city or by building within the same city. The Rentable Space may include a share of Building
support/common areas such as elevator lobbies, Building corridors,and floor service areas. Floor service areas typically include restrooms,
janitor rooms, telephone closets, electrical closets, and mechanical rooms. The Rentable Space does not include vertical building
penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. Rentable Square Feet is calculated using the
following formula for each type of Space(e.g.,office,warehouse,etc.)included in the Premises: ABOA SF of Space x(1 +CAF)=RSF.
Q. Space. The Space shall refer to that part of the Premises to which the Government has exclusive use, such as Office Area,or other type of
Space. Parking areas to which the Government has rights under this Lease are not included in the Space.
R. Office Area. For the purposes of this Lease, Space shall be measured in accordance with the standard (Z65.1-1996)provided by American
National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) for Office Area, which means "the area where a
tenant normally houses personnel and/or furniture, for which a measurement is to be computed." References to ABOA mean ANSI/BOMA
Office Area.
S. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
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.
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2.03 WAIVER OF RESTORATION(OCT 2018)
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 waste, damages, or restoration arising from or related to (a)the Government's normal and customary
use of the Premises during the term of the Lease (including any extensions thereof),as well as(b)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 r_oEOATING GOSTS ADJUSTMENT STMENT(11 N 204-2)INTENTIONALLY DELETED
2.05 RELOCATION RIGHTS(JUN 2012)
If it becomes necessary in the orderly development of the Airport, Lessor may require the relocation of Premises to other space at the Airport which, in
the reasonable judgment of Lessor, is similar and suitable for the purposes for which this Lease is entered as such purposes are set forth herein.
Should such relocation be necessary, the Lessor shall provide the Government a minimum of 120 days prior written notice. Lessor shall be
responsible for all costs for such relocation, including all costs for moving furniture, office equipment, telephone and data lines, and any other costs
associated with replicating necessary operational features provided in the space originally leased. The Airport shall provide such relocated Premises
at the same rental rate as the original Premises, unless the new Premises are located in an area for which the Airport charges tenants a lower rate, in
which event the parties shall negotiate a reduction in the rental rate.
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION(ON-AIRPORT)(JUN 2012)
A. The Transportation Security Administration (TSA) is required, pursuant to 49 U.S.C. 40101—The Aviation and Transportation Security Act
(ATSA),to oversee security measures at the Airport.
B. TSA is responsible for airline passenger and baggage screening services at the Airport.
C. The U.S. General Services Administration (GSA), on behalf of TSA, leases certain facilities on the Airport premises for administrative offices
and/or break rooms in support of airport passenger and baggage screening services by the TSA. U)
D. Space for TSA to screen passengers and baggage is expressly excluded from this Lease.
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(ON-AIRPORT)(MAY 2015)
cv
A. The Lessor shall provide floor plans for the Space and 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 verifies that the Space complies with all applicable local fire protection and UJ
life safety codes and ordinances and all fire protection and life safety-related requirements of this Lease.
B. Neither the Government's acceptance of the Premises for occupancy or acceptance of related appurtenances, nor the Government's occupancy of
the Premises, shall be construed as a waiver of any requirement or right of the Government under this lease,or as otherwise prejudicing the Government
with respect to any such requirement or right,or as an acceptance of any latent defect or condition.
2.08 ALTERATIONS PRIOR TO ACCEPTANCE(JUN 2012)
The Government's rights stated under the General Clause"Alterations"also apply to initial build-out of the Premises.
2.09 SYSTEM FOR AWARD MANAGEMENT(OCT 2017)
The Offeror must have an active registration in the System for Award Management(SAM),via the Internet at https://www.acquisition.gov,prior to the
Lease award and throughout the life of the Lease. Registration must be for purposes of"All Awards"and include completion of all required
representations and certifications within SAM. To remain active,the Offeror/Lessor is required to update or renew its registration annually. The
Government will not process rent payments to Lessors without an active registration in SAM. No change of ownership of the leased Premises will be
recognized by the Government until the new owner registers in SAM.
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT(APR 2011)
The Government reserves the right,at its own expense and with its own personnel,to heighten security in the Building under Lease during heightened
security conditions due to emergencies such as terrorist attacks,natural disaster,and civil unrest.
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SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 BUILDING SHELL REQUIREMENTS(ON-AIRPORT)(SEP 2013)
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 operating costs or other rent components as indicated
shall be deemed included in the Shell Rent.
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. All newly
installed Building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc.,
shall be furnished, installed, and coordinated with Tls. Circulation corridors are provided as part of the base Building only on multi-tenanted floors
where the corridor is common to more than one tenant. On single tenant floors,only the fire egress corridor(s)necessary to meet code is provided as
part of the shell.
3.02 MEANS OF EGRESS(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. Interlocking or scissor stairs located on the floor(s)where Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s)where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA
101 or the IBC.
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM (SEP 2013)
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A. Any portion of the Space located below-grade, including parking garage areas, and all areas in a Building referred to as"hazardous areas"
(defined in National Fire Protection Association (NFPA) 101) that are located within the entire Building (including non-Government areas) shall be
protected by an automatic fire sprinkler system or an equivalent level of safety.
B. For Buildings in which any portion of the Space is on or above the sixth floor, then, at a minimum, the Building up to and including the 2
highest floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sixth floor, and lease of the Space will result, either individually or in
combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSI/BOMA Office Area SF of Space in the
Building,then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler system(s) shall be installed in accordance with the requirements of NFPA 13, Standard for the Installation of
Sprinkler Systems that was in effect on the actual date of installation.
E. 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).
F. "Equivalent level of safety" means an alternative design or system (which may include automatic fire sprinkler systems), based upon fire
protection engineering analysis,which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.04 FIRE ALARM SYSTEM(SEP 2013)
A. A Building-wide fire alarm system shall be installed in the entire Building in which any portion of the Space is located on the 3`d floor or
higher.
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code that was
in effect on the actual date of installation.
C. 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. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means: directly to the local fire
department,to the(911)public communications center,to a central station,to a remote supervising station,or to a proprietary supervising station.
E. If the Building's fire alarm control unit is over 25 years old as of the Lease Award Date, Lessor shall install a new fire alarm system in
accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date), prior to Government
acceptance and occupancy of the Space.
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3.05 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011)
A. The Energy Independence and Security Act(EISA)establishes the following requirements for Government Leases in Buildings that have not
earned the ENERGY STAR® Label conferred by the Environmental Protection Agency (EPA)within one year prior to the due date for final proposal
revisions("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
1. Earn the ENERGY STAR®Label prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);or
2. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR®Label prior to
acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STAR®label for the most recent year(as defined above)due to insufficient occupancy,but was able to demonstrate
sufficient evidence of capability to earn the ENERGY STAR®label,then Lessor must earn the ENERGY STAR®label within 18 months after
occupancy by the Government.
3.06 ACCESSIBILITY(FEB 2007)
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). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements,the more stringent shall apply.
3.07 MECHANICAL,ELECTRICAL, PLUMBING: GENERAL(APR 2011)
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, manuals,and standard
procedures. Mains, lines,and meters for utilities shall be provided by the Lessor. Exposed ducts,piping,and conduits are not permitted in office
Space. U)
3.08 RESTROOMS(ON-AIRPORT)(JUN 2012)
Government employees shall have access to all public restroom facilities for men and women in the Airport terminal at all times without additional
payment. cv
3.09 HEATING,VENTILATION,AND AIR CONDITIONING(ON-AIRPORT)(APR 2011)
A. Temperatures shall conform to local commercial equivalent temperature levels and operating practices to maximize tenant satisfaction.
These temperatures shall be maintained throughout the leased Premises and service areas, regardless of outside temperatures, during the hours of LJ
operation specified in this 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, humidity shall be maintained below 60 percent relative humidity.
B. The Lessor shall conduct HVAC system balancing after all HVAC system alterations during the term of the Lease and shall make a
reasonable attempt to schedule major construction outside of office hours.
C. Normal HVAC systems maintenance shall not disrupt tenant operations.
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(ON-AIRPORT)(SEP 2013)
A. The Government may elect to contract its own telecommunications (voice, data, video, Internet, or other emerging technologies)service in the
Space. The Government may contract with one or more parties to have inside wiring (or other transmission medium)and telecommunications
equipment installed.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its
services to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's
designated telecommunications providers, the Lessor shall provide access from the point of entry into the Building to the Government's floor
Space,subject to any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas (high frequency,
mobile, microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope
as required.
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SECTION 4 UTILITIES, SERVICES,AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES, UTILITIES,AND MAINTENANCE(ON-AIRPORT)(OCT 2013)
The Lessor is responsible for providing all utilities necessary for base building and tenant operations and all associated costs are included as a part of
the established rental rates. The following services, utilities, and maintenance shall be provided by the Lessor as part of the rental consideration
(check all that apply):
® HEAT ® TRASH REMOVAL ELEVATOR SERVICE ® INITIAL&REPLACEMENT OTHER
® ELECTRICITY ® CHILLED DRINKING WATER ® WINDOW WASHING LAMPS,TUBES&BALLASTS (Specify below)
POWER(Special Equip.) ® AIR CONDITIONING Frequency Annually ® PAINTING FREQUENCY
® WATER(Hot&Cold) RESTROOM SUPPLIES ® CARPET CLEANING Space Every 5 Years
® SNOW REMOVAL ® JANITORIAL SERV.&SUPP. Frequency Every 5 Years Public Areas Every 5 Yrs
The Lessor shall have an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
4.02 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS FOR AIRPORT OCCUPANCIES(SEP 2013)
The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, including the use, during other 0
than normal hours, of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed after E
tenant working hours unless daytime cleaning is specified as a special requirement elsewhere in this Lease. Janitorial Services shall not be required
on weekends or Federal holidays. Services,maintenance,and utilities shall be provided from 6:00 AM to 12:00 PM,
4.03 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
A. The Lessor is responsible for the total maintenance and repair of the leased Premises. Such maintenance and repairs include the site and
private access roads. All equipment and systems shall be maintained to provide reliable, energy efficient service without unusual interruption,
disturbing noises, exposure to fire or safety hazards, uncomfortable drafts, excessive air velocities, or unusual emissions of dirt. The Lessor's
maintenance responsibility includes initial supply and replacement of all supplies, materials, and equipment necessary for such maintenance.
Maintenance,testing,and inspection of appropriate equipment and systems shall be done in accordance with current applicable codes,and inspection
certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Government's designated representative.
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B. At the Lessor's expense, the Government reserves the right to require documentation of proper operations, inspection, testing, and
maintenance of fire protection systems,such as, but not limited to, fire alarm,fire sprinkler,standpipes, fire pump, emergency lighting, illuminated exit
signs, emergency generator, prior to occupancy to ensure proper operation. These tests shall be witnessed by the Government's designated
representative.
4.04 RECYCLING(ON-AIRPORT)(JUN 2012) (n
Where state or local law, code, or ordinance requires recycling programs(including mercury-containing lamps)for the Space to be provided pursuant <
to this Lease, the Lessor shall comply with such state and local law, code, or ordinance in accordance with GSA Form 3517, General Clauses,
552.270-8, Compliance with Applicable Law. During the lease term, the Lessor agrees, upon request, to provide the Government with additional
information concerning recycling programs maintained in the Building and in the Leased Space.
4.05 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.
4.06 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION (OCT 2017)
This paragraph applies to all recipients of SBU Building information, including, bidders,awardees,contractors,subcontractors, Lessors, suppliers,and
manufacturers.
A. MARKING SBU. Contractor-generated documents that contain Building information must be reviewed by GSA to identify any SBU content,
before the original or any copies are disseminated to any other parties. If SBU content is identified, the LCO may direct the contractor, as
specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any
dissemination.
B. AUTHORIZED RECIPIENTS. Building information considered SBU must be protected with access strictly controlled and limited to those
individuals having a need to know such information. Those with a need to know may include Federal, state, and local government entities,
and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects,
engineers,consultants,contractors,subcontractors,suppliers,and others submitting an offer or bid to GSA or performing work under a GSA
contract or subcontract. Contractors must provide SBU Building information when needed for the performance of official Federal,state,and
local government functions,such as for code compliance reviews and for the issuance of Building permits. Public safety entities such as fire
and utility departments may require access to SBU Building information on a need to know basis. This paragraph must not prevent or
encumber the dissemination of SBU Building information to public safety entities.
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C. DISSEMINATION OF SBU BUILDING INFORMATION:
1. BY ELECTRONIC TRANSMISSION. Electronic transmission of SBU information outside of the GSA firewall and network must
use session (or alternatively file encryption). Sessions (or files) must be encrypted with an approved NIST algorithm, such as Advanced Encryption
Standard (AES) or Triple Data Encryption Standard (31DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB)
140-2, Security Requirements for Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the
following URL: http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm. All encryption products used to satisfy the FIPS 140-2
requirement should have a validation certificate that can be verified at the http://csrc.nist.gov/groups/STM/cmvp/validation.html#02. (Not all vendors of
security products that claim conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU Building information only to
authorized representatives of state, Federal, and local government entities and firms currently registered as "active" in the SAM database at
https://www.acguisition.gov that have a need to know such information. If a subcontractor is not registered in SAM and has a need to possess SBU
Building information,the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license.
2. BY NON-ELECTRONIC FORM OR ON PORTABLE ELECTRONIC DATA STORAGE DEVICES. Portable electronic data storage
devices include but are not limited to CDs, DVDs,and USB drives. Non-electronic forms of SBU Building information include paper documents.
a. By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery,
signature confirmation,or return receipt.
b. In person. Contractors must provide SBU Building information only to authorized representatives of state, Federal, and local
government entities and firms currently registered as"active"in the SAM database that have a need to know such information.
3. RECORD KEEPING. Contractors must maintain a list of the state, Federal, and local government entities and the firms to which
SBU is disseminated under sections C1 and C2 of this paragraph. This list must include at a minimum
a. The name of the state, Federal,or local government entity or firm to which SBU has been disseminated; E
b. The name of the individual at the entity or firm who is responsible for protecting the SBU Building information, with access cm
strictly controlled and limited to those individuals having a need to know such information;
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C. Contact information for the named individual;and
d. A description of the SBU Building information provided.
Once work is completed,or for leased Space with the submission of the as built drawings,the contractor must collect all lists maintained in accordance cy
with this paragraph, including those maintained by any subcontractors and suppliers,and submit them to the LCO.
D. RETAINING SBU DOCUMENTS. SBU Building information (both electronic and paper formats) must be protected, with access strictly
controlled and limited to those individuals having a need to know such information.
E. DESTROYING SBU BUILDING INFORMATION. SBU Building information must be destroyed such that the marked information is rendered
unreadable and incapable of being restored, or returned to the LCO, when no longer needed, in accordance with guidelines provided for media
sanitization available at http://csrc.nist.gov/publications/PubsTC.html#Forensics. At the Web site, locate SP 800-88, Guidelines for Media Sanitization,
available at HTTP:HCSRC.NIST.GOV/PUBLICATIONS/NISTPUBS/800-88/NISTSP800-88 REV1.PDF.and click on the file name NISTSP800- W
88_REV1.pdf. From there, you can choose to "Save" or"Download" the file. If SBU Building information is not returned to the LCO, examples of
acceptable destruction methods for SBU Building information are burning or shredding hardcopy; physically destroying portable electronic storage
devices such as CDs, DVDs, and USB drives; deleting and removing files from electronic recycling bins; and removing material from computer hard
drives using a permanent-erase utility such as bit-wiping software or disk crushers.
F. NOTICE OF DISPOSAL. The contractor must notify the LCO that all SBU Building information has been destroyed,or returned to the LCO, E
by the contractor and its subcontractors or suppliers in accordance with section (e)of this paragraph, with the exception of the contractor's record
copy. This notice must be submitted to the LCO at the completion of the contract in order to receive final payment. For Leases, this notice must be
submitted to the LCO at the completion of the Lease term.
G. INCIDENTS. All improper disclosures of SBU Building information must be reported immediately to the LCO and the GSA Incident
Response Team Center at gsa-it@gsa.gov. If the contract provides for progress payments, the LCO may withhold approval of progress payments
until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU Building information.
Progress payments may also be withheld for failure to comply with any provision in this paragraph until the contractor provides a corrective action plan
explaining how the contractor will rectify any noncompliance and comply with the paragraph in the future.
H. SUBCONTRACTS. The Contractor must insert the substance of this paragraph in all subcontracts.
4.07 INDOOR AIR QUALITY(OCT 2016)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that the GSA indicator levels for
asbestos, mold, carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde are not exceeded. The indicator levels for office areas shall be:
Asbestos 70 s/mm2;mold(see paragraph entitled"Mold"); CO 9 ppm; CO2 700 ppm above outdoor air;formaldehyde 0.016 ppm.
B. The Lessor shall use available odor-free or low odor products when applying paints, glues, lubricants,and similar wet products. When such
equivalent products are not available, lessor shall use the alternate products outside normal working hours. Except in an emergency,the Lessor shall
provide at least 72 hours advance notice to the Government before applying chemicals or products with noticeable odors in occupied Spaces and shall
adequately ventilate those Spaces during and after application.
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C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality(IAQ). The Lessor shall promptly investigate
such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed, to ascertain the
source and severity of the complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies, as well as in
space serving the Space (e.g., common use areas, mechanical rooms, HVAC systems, etc.). The Lessor shall assist the Government in its
assessments and detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing,if required;and
3. Implementing corrective measures required by the LCO.
E. The Lessor shall provide to the Government safety data sheets(SDS)upon request for the following products prior to their use during the
term of the Lease: adhesives, caulking,sealants, insulating materials,fireproofing or firestopping materials, paints, carpets, floor and wall patching or
leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides. The Government
reserves the right to review such products used by the Lessor within:
1. The Space;
2. Common Building areas;
3. Ventilation systems and zones serving the Space;and
4. The area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals(any products with data in the Health and Safety section of the SDS sheets)may be present or used,
including large-scale copying and printing rooms, segregate areas with deck-to-deck partitions with separate outside exhausting at a rate of at least
0.5 cubic feet per minute per SF, no air recirculation. The mechanical system must operate at a negative pressure compared with the surrounding
spaces of at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of 1 Pa(0.004 inches of water gauge)when the doors E
to the rooms are closed.
4.08 HAZARDOUS MATERIALS(ON-AIRPORT)(OCT 2018)
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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 including, but not limited to,the following:
A. The leased Space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the Space or undamaged boiler
or pipe insulation outside the Space, in which case an asbestos management program conforming to EPA guidance shall be implemented. cy
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 visible mold or actionable airborne mold. UJI
1. Actionable mold is either 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. The Lessor shall safely remediate all actionable mold in
accordance with sub-paragraph B.2 below
2. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled
"Mold Remediation in Schools and Commercial Buildings" (EPA 402-K-01-001, September 2008), published by EPA, as same may be amended or
revised from time to time,and any other applicable Federal,state,or local laws,regulatory standards,and guidelines.
3. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. If the results of the Government's inspection indicate that the remediation does not comply with the plan or any other
applicable Federal, state, or local laws, regulatory standards, or guidelines, the Lessor, at its sole cost, expense, and risk, shall immediately take all
further actions necessary to bring the remediation into compliance.
4. If the Lessor fails to exercise due diligence,or is otherwise unable to remediate the actionable mold,the Government may implement
a corrective action program and deduct its costs from the rent.
4.09 OCCUPANT EMERGENCY PLANS(SEP 2013)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP)and if necessary,a supplemental Shelter-in Place(SIP)Plan. Periodically,the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP.The Plan,among other things, must include an annual emergency evacuation drill,emergency notification procedures for the
Lessor's Building engineer or manager, Building security, local emergency personnel,and Government agency personnel.
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SECTION 5 ADDITIONAL TERMS AND CONDITIONS
5.01 SECURITY REQUIREMENTS(OCT 2016)
The Lessor agrees to the requirements of Federal Security Level II attached to this Lease.
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GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property for Small Leases)
1. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (SIMPLIFIED) (APR 2015)
The Lessor shall maintain the Property, including the Building, Building systems, and all equipment, fixtures,
and appurtenances furnished by the Lessor under this Lease, in good repair and tenantable condition. Upon
request of the Lease Contracting Officer(LCO), the Lessor shall provide written documentation that Building
systems have been properly maintained, tested, and are operational within manufacturer's warranted operating
standards. The Lessor shall maintain the Premises in a safe and healthful condition according to applicable
OSHA standards, including standards governing indoor air quality, existence of mold and other biological
hazards, presence of hazardous materials, etc. The Government shall have the right, at any time after the
Lease is signed and during the term of the Lease, to inspect all areas of the Property to which access is
necessary for the purpose of determining the Lessor's compliance with this clause.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased
space is untenantable as determined by the Government, the Government may terminate the
lease upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair U)
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written M
documentation that building systems have been maintained, tested, and are operational.
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4. DEFAULT BY LESSOR (APR 2012)
A. The following conditions shall constitute default by the Lessor, and shall give rise to the
following rights and remedies for the Government:
(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all obligations required
for Acceptance of the Space within the times specified, without excuse, shall constitute a default by the
Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of
the Lessor's default.
(2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide any item, or
satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor. Subject
to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor
to cure its default, the Government may perform the service, provide the item, or obtain satisfaction of
the requirement by its own employees or contractors. If the Government elects to take such action, the
Government may deduct from rental payments its costs incurred in connection with taking the action.
Alternatively, the Government may reduce the rent by an amount reasonably calculated to approximate
the cost or value of the service not performed, item not provided, or requirement not satisfied, such
reduction effective as of the date of the commencement of the default condition.
(3) Grounds for Termination. The Government may terminate the Lease if:
INITIALS: &
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GENERAL SERVICES ADMINISTRATION GSA 3517A(REV. 612016)
Packet Pg. 177
C.6.a
(i) The Lessor's default persists notwithstanding provision of notice and
reasonable opportunity to cure by the Government, or
(ii) The Lessor fails to take such actions as are necessary to prevent the
recurrence of default conditions,
and such conditions (i)or(ii) substantially impair the safe and healthful occupancy of
the Premises, or render the Space unusable for its intended purposes.
(4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide any item,
or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from:
(i) Circumstances within the Lessor's control;
(ii) Circumstances about which the Lessor had actual or constructive
knowledge prior to the Lease Award Date that could reasonably be expected to
affect the Lessor's capability to perform, regardless of the Government's
knowledge of such matters;
(iii) The condition of the Property;
(iv) The acts or omissions of the Lessor, its employees, agents or
contractors; or
(v) The Lessor's inability to obtain sufficient financial resources to perform its
obligations.
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(5) The rights and remedies specified in this clause are in addition to any and all remedies to which the
Government may be entitled as a matter of law.
5. INTEGRATED AGREEMENT (JUN 2012)
This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement,
express or implied, shall be admissible to contradict the provisions of the Lease. Except as expressly attached to
and made part of the Lease, neither the Request for Lease Proposals nor any pre-award communications by
either party shall be incorporated in the Lease.
6. CHANGES (SIMPLIFIED) (SEP 2011)
A. The LCO may at any time, by written order, direct changes to the Tls within the Space,
Building Security Requirements, or the services required under the Lease.
B. If any such change causes an increase or decrease in Lessor's costs or time required for
performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be
entitled to an amendment to the Lease providing for one or more of the following:
1. An adjustment of the delivery date;
2. An equitable adjustment in the rental rate; or
3. A lump sum equitable adjustment.
C. The Lessor shall assert its right to an amendment under this clause within 30 days from the date of
receipt of the change order and shall submit a proposal for adjustment. Failure to
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C.6.a
agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an
adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change, except the
Lessor shall not be obligated to comply with such order or direction if the adjustment to which it is entitled
causes the annual rent (net of operating costs) to exceed the Simplified Lease Acquisition Threshold
established under GSAR 570.102.
D. Absent a written change order from the LCO, or from a Government official to whom the LCO has
explicitly delegated in writing the authority to direct changes, the Government shall not be liable to Lessor
under this clause.
7. COMPLIANCE WITH APPLICABLE LAW(JAN 2011)
Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property,
including, without limitation, laws applicable to the construction, ownership, alteration or operation of all
Buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items
at its own expense. The Government will comply with all Federal, state and local laws applicable to and
enforceable against it as a tenant under this Lease, provided that nothing in this Lease shall be construed as a
waiver of the sovereign immunity of the Government. This Lease shall be governed by Federal law.
8. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make the full text available, or the full text may be
found at.l.h.ttp://www.acquisitioiii.gov.
9. The following clauses are incorporated by reference:
FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWRDS (OCT 2015) (Applicable if over$30,000 total
contract value.) 2
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (OCT 2015)
(Applicable to leases over$35,000 total contract value.)
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA
(AUG 2011)
(Applicable when cost or pricing data are required for work or services over
$750,000.)
FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(OCT 2010)
(Applicable when the clause at FAR 52.215-10 is applicable.)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015)ALTERNATE III
(OCT 2015) (Applicable to Leases over$700,000 total contract value.)
FAR 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$700,000 total contracting value.)
FAR 52.219-28 POST-AWARD SMALL BUSINESS REPRESENTATION (JUL 2013)
(Applicable to leases exceeding the micro-purchase threshold.)
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C.6.a
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
FAR 52.222-26 EQUAL OPPORTUNITY (APR 2015)
FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(Applicable to leases $150,000 or more, total contract value. Full text may
be found at Ih:t:tp://www.acqulislitlioln. )
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(Applicable to leases over$15,000 total contract value. Full text may be
found at Ih:t:tp://www.acqulislitlioln. )
FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
(Applicable to leases $150,000 or more, total contract value.)
FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Applicable to Leases over the Simplified Lease Acquisition Threshold as
well as to any Leases of any value awarded to an individual)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Applicable to leases over the micro-purchase threshold.)
FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
FAR 52.233-1 DISPUTES (MAY 2014)
GSAR 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996) cN
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005)ALTERNATE I (SEP 1999)
(Applicable to leases over$700,000 total contract value.)
GSAR 552.270-12 ALTERATIONS (SEP 1999)
GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES (JUN 2011)
GSAR 552.270-20 PAYMENT (SEP 1999)
GSAR 552.270-25 SUBSTITUTION OF TENANT AGENCY (SEP 1999)
GSAR 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999)
GSAR 552.270-31 PROMPT PAYMENT (JUN 2011)
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 Number 3090-0163.
INITIALS: &
LESSOR GOVERNMENT
GSA 3517A(REV. 6/ Packet Pg. 180