OTHER-2021-030 USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental and Agricultural Center

Browse Search

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 USDA awarded this Lease using a contract real estate broker, Broker shall refer to USDA's broker. C. Building. Building(s)situated on the Property in which the Premises are located. D. (INTENTIONALLY DELETED)" 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 ANSI/ BOMA standard for the type of space to which the CAF shall apply. F. Contract. "Contract"shall mean this Lease. G. Contractor. "Contractor"shall mean Lessor. 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 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. 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. 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. LEASE NO.57-37135-21-FA, PAGE 10 LESSOR: GOVERNMENT: GSA TEMPLATE L100 REV(10/20) FPAC V11.13.20