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<br /> 3. If the LCO determines that occupancy is required before flush-out can be completed,the Space may be occupied only after delivery
<br /> of a minimum of 3,500 cubic feet of outdoor air per square foot of gross floor area while maintaining an internal temperature of at least 60°F(15°C)
<br /> and no higher than 80°F(27°C)and relative humidity no higher than 60%.Once the Space is occupied,it must be ventilated at a minimum rate of 0.30
<br /> cubic foot per minute(cfm)per square foot of outdoor air or greater.During each day of the flush-out period,ventilation must begin at least three hours
<br /> before occupancy and continue during occupancy.These conditions must be maintained until a total of 14,000 cubic feet per square foot of outdoor air
<br /> (4 270 liters of outdoor air per square meter)has been delivered to the space.
<br /> 3.51 SYSTEMS COMMISSIONING(APR 2011)
<br /> The Lessor shall incorporate commissioning requirements to verify that the installation and performance of energy consuming systems meet the
<br /> Government's project requirements. The commissioning shall cover only work associated with Tis or alterations or at a minimum: heating,ventilating,
<br /> air conditioning and refrigeration(HVAC&R)systems and associated controls,lighting controls,and domestic hot water systems.
<br /> 3.52 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS—LEASE(SEP 2014)
<br /> A. Environmental Due Diligence
<br /> Lessor is responsible for performing all necessary "response" actions (as that term is defined at 42 U.S.C. § 9601(25) of the Comprehensive
<br /> Environmental Response, Compensation and Liability Act(CERCLA))with regard to all"recognized environmental conditions,"as that term is defined
<br /> in ASTM Standard Ell 527-13, as such standard may be revised from time to time. This obligation extends to any contamination of the Property where
<br /> such contamination is not attributable to the Government. Lessor must provide the Government with a summary report demonstrating completion of all
<br /> required response actions prior to Substantial Completion. Any remediation performed by or on behalf of Lessor must be undertaken in strict compliance
<br /> with all applicable federal,state and local laws and regulations.
<br /> B. National Environmental Policy Act
<br /> The National Environmental Policy Act regulations provide for analyzing proposed major federal actions to determine if there are ways to mitigate the
<br /> impact of the proposed actions to avoid, minimize, rectify, reduce,or compensate for environmental impacts associated with such actions. Where the
<br /> Government has determined that any or all of these mitigation measures should be or must be adopted to lessen the impact of these proposed actions,
<br /> Lessor must incorporate all mitigation measures identified and adopted by the Government in the design and construction drawings and specifications.
<br /> All costs and expenses for development of design alternatives, mitigation measures and review submittals for work to be performed under the Lease
<br /> are the sole responsibility of Lessor.
<br /> 3.53 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS-LEASE(SEP 2014)
<br /> A. Where a Memorandum of Agreement or other pre-award agreement concluding the Section 106 consultation includes mitigation,design review
<br /> or other continuing responsibilities of the Government, Lessor must allow the Government access to the Property to carry out compliance activities.
<br /> Compliance may require excavation for artifact recovery,recordation and interpretation. For Tenant Improvements and other tenant-driven alterations
<br /> within an existing historic building, new construction or exterior alterations that could affect historic properties, compliance also may require on-going
<br /> design review. In these instances,Lessor will be required to retain,at its sole cost and expense,the services of a preservation architect who meets or
<br /> exceeds the Secretary of the Interior's Professional Qualifications Standards for Historic Architecture, as amended and annotated and previously
<br /> published in the Code of Federal Regulations,36 C.F.R.part 61, and the GSA Qualifications Standards for Preservation Architects. These standards
<br /> are available at: HTTP://WWW.GSA.GOV/HISTORICPRESERVATION>Project Management Tools> Qualification Requirements for Preservation
<br /> Architects. The preservation architect will be responsible for developing preservation design solutions and project documentation required for review by
<br /> the Government, the State Historic Preservation Officer(SHPO), the Tribal Historic Preservation Officer (THPO), if applicable, and other consulting
<br /> parties in accordance with Section 106. For Tenant Improvements and other tenant-driven alterations within an existing historic building,the preservation
<br /> architect must develop context-sensitive design options consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
<br /> Where new construction or exterior alterations, or both, are located within a historic district, may be visible from historic properties or may affect
<br /> archeological resources,compliance may require tailoring the design of the improvements to be compatible with the surrounding area. Design review
<br /> may require multiple revised submissions,depending on the complexity of the project and potential for adverse effects to historic properties. USDA is
<br /> responsible for corresponding with the SHPO,the THPO,if applicable,and any other consulting party.
<br /> B. Compliance requirements under Section 106 apply to all historic property alterations and new construction, regardless of the magnitude,
<br /> complexity or cost of the proposed scope of work.
<br /> C. The costs for development of design alternatives and review submittals for work required under the Lease are the sole responsibility of Lessor.
<br /> In addition, building shell costs relating to such design alternatives are the sole responsibility of Lessor and must be included in the shell rent. Such
<br /> costs may be offset by federal,state or local preservation tax benefits. Lessor is encouraged to seek independent financial and legal advice concerning
<br /> the availability of these tax benefits.
<br /> 3.54 INTENTIONALLY DELETED
<br /> LEASE NO. 57-37135-21-FA, PAGE 25 LESSOR: GOVERNMENT: GSA TEMPLATE L100
<br /> REV(10/20)
<br /> FPAC V11.13.20
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