In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR:
____________________________________________________
Name: ____________________________________________
Title: ____________________________________________
Entity: ____________________________________________
Date: ____________________________________________
FOR THE GOVERNMENT:
____________________________________________________
Name: ____________________________________________
Title: Lease Contracting Officer
General Services Administration, Public Buildings Service Date: ____________________________________________
WITNESSED FOR THE LESSOR BY:
APPROVED AS TO FORM:
____________________________________________________ ANDREW JANZ City Attorney
Name: ____________________________________________
By: _____________________
Title: ____________________________________________ Christine Charitar, Deputy City Attorney Date
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-09P-LCA03066, PAGE 1 GSA TEMPLATE 201D
REV (5/25)
LEASE NO. GS-09P-LCA03066
On-Airport Lease
GSA TEMPLATE L201D (MAY 2025)
A. This Lease is made and entered into between
CITY OF FRESNO
(Lessor), whose principal place of business is 4995 E. Clinton Way, Fresno, CA 93727-1525, 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 Fresno Yosemite International Airport
5175 E Clinton Way, Fresno, CA 93727
and more fully described in Section 1 and Exhibit A, together with rights to the use of parking and other areas as set forth herein , to be used for such purposes as determined by GSA.
C. LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning February 1, 2026, and continuing for a period of 10 Years, 5 Years Firm,
subject to termination and renewal rights as may be hereinafter set forth.
Susan Baghdikian
ATTEST:
AMY K. ALLER
Interim City Clerk
By:________________________
Deputy Date
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE 2/9/2026
Georgeanne White
Melissa Garza-Perry
LEASE NO. GS-09P-LCA03066, PAGE 2 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS ................................ ................................ ................................ ........................... 3
1.01 THE PREMISES (OCT 2024) ................................ ................................ ................................ ................................ ............................... 3
1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) ................................ ................................ ................................ ................................ 3
1.03 RENT AND OTHER CONSIDERATION (ON-AIRPORT) (OCT 2023) ................................ ................................ ................................ ... 3
1.04 TERMINATION RIGHTS (ON-AIRPORT) (SEP 2013) ................................ ................................ ................................ .......................... 4
1.05 RENEWAL RIGHTS (OCT 2016) INTENTIONALLY DELETED ................................ ................................ ................................ ............ 4
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON-AIRPORT) (OCT 2023) ................................ ................................ ................... 4
1.07 OPERATING COST BASE (OCT 2016) INTENTIONALLY DELETED ................................ ................................ ................................ .. 4
1.08 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022) ................................ ................................ ................................ ....................... 5 SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS ................................ ................................ ................................ ........... 6
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023) ................................ ................................ ................................ ............................ 6
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016) ................................ ................................ ................................ ................................ 7
2.03 WAIVER OF RESTORATION (OCT 2023) ................................ ................................ ................................ ................................ ........... 7
2.04 OPERATING COSTS ADJUSTMENT (JUN 2012) INTENTIONALLY DELETED ................................ ................................ .................. 7
2.05 RELOCATION RIGHTS (OCT 2021) ................................ ................................ ................................ ................................ .................... 7
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION (ON-AIRPORT) (JUN 2012) ................................ .................... 8
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (ON-AIRPORT) (MAY 2015) ................................ ........................ 8
2.08 ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012) ................................ ................................ ................................ ....................... 8
2.09 SYSTEM FOR AWARD MANAGEMENT (MAR 2020) ................................ ................................ ................................ .......................... 8
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011) ................................ ................................ ................................ . 8
2.11 ENTITY NAME (OCT 2023) ................................ ................................ ................................ ................................ ................................ .. 8 SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS ................................ ................................ ................................ 9
3.01 BUILDING SHELL REQUIREMENTS (ON-AIRPORT) (SEP 2013)................................ ................................ ................................ ....... 9
3.02 MEANS OF EGRESS (MAY 2015) ................................ ................................ ................................ ................................ ....................... 9
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2023)................................ ................................ ................................ ........................ 9
3.04 FIRE ALARM SYSTEM (SEP 2013) ................................ ................................ ................................ ................................ ..................... 9
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025) ................................ ................................ ................................ ........ 10
3.06 ACCESSIBILITY (OCT 2024) ................................ ................................ ................................ ................................ ............................. 11
3.07 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011) ................................ ................................ ................................ . 11
3.08 RESTROOMS (ON-AIRPORT) (JUN 2012) ................................ ................................ ................................ ................................ ........ 11
3.09 HEATING, VENTILATION, AND AIR CONDITIONING (ON-AIRPORT) (OCT 2022) ................................ ................................ .......... 11
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (ON-AIRPORT) (SEP 2013) ................................ ................................ ... 11
3.11 GOVERNMENT PROJECT MANAGEMENT SYSTEM (ON-AIRPORT) (OCT 2022) ................................ ................................ .......... 11 SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM ................................ ................................ .......... 12
4.01 SERVICES, UTILITIES, AND MAINTENANCE (ON-AIRPORT) (OCT 2020) ................................ ................................ ...................... 12
4.02 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (SEP 2013) ................................ . 12
4.04 RECYCLING (ON-AIRPORT) (OCT 2023) ................................ ................................ ................................ ................................ .......... 12
4.05 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013) ................................ ................................ ................................ ........................ 12
4.06 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022) INTENTIONALLY DELETED ................................ ................................ ................................ ................................ .............................. 12
4.07 HAZARDOUS MATERIALS, MOLD AND WATER INTRUSION (ON-AIRPORT) (OCT 2024) ................................ ............................. 13
4.08 OCCUPANT EMERGENCY PLANS (OCT 2020) ................................ ................................ ................................ ................................ 13 SECTION 5 ADDITIONAL TERMS AND CONDITIONS ................................ ................................ ................................ .............................. 14
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 3 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (OCT 2024)
The Premises are described as follows:
A. Office and Related Space. 2,688 rentable square feet (RSF), yielding 2,688 ANSI/BOMA Occupant Area (ABOA) square feet (SF) of office and related Space located on the 1st floor and known as Suite(s) D101, D102, D103, D104, D107, B110, B117, B118, of the Building, as depicted on the floor plan(s) attached hereto as Exhibit A.
B. Common Area Factor. The Common Area Factor (CAF) is established as 1 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 accorda nce with the Payment Clause of the General Clauses.
C. INTENTIONALLY DELETED
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. 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.
1.03 RENT AND OTHER CONSIDERATION (ON-AIRPORT) (OCT 2023)
A. The Government shall pay the Lessor annual rent payable monthly in arrears at the following rates:
Year 1 (2/1/2026 – 1/31/2027) Year 2 (2/1/2027 – 1/31/2028) Year 3 (2/1/2028 – 1/31/2029) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny)
Shell Rental Rate $283,637.76 $105.52 $294,983.27 $109.74 $306,782.60 $114.13 Operating Costs
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Full Service Rate $283,637.76 $105.52 $294,983.27 $109.74 $306,782.60 $114.13 Year 4 (2/1/2029 – 1/31/2030) Year 5 (2/1/2030 – 1/31/2031) Year 6 (2/1/2031 – 1/31/2032) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny)
Shell Rental Rate $319,053.91 $118.70 $331,816.06 $123.44 $345,088.70 $128.38 Operating Costs
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Full Service Rate $319,053.91 $118.70 $331,816.06 $123.44 $345,088.70 $128.38 Year 7 (2/1/2032 – 1/31/2033) Year 8 (2/1/2033 – 1/31/2034) Year 9 (2/1/2034 – 1/31/2035) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny) Annual Rent
Annual Rate / RSF
(as rounded to the
nearest penny)
Shell Rental Rate $358,892.25 $133.52 $373,247.94 $138.86 $388,177.86 $144.41 Operating Costs
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Full Service Rate $358,892.25 $133.52 $373,247.94 $138.86 $388,177.86 $144.41 Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 4 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
B. INTENTIONALLY DELETED
C. INTENTIONALLY DELETED
D. Rent is subject to adjustment based upon a mutual measurement of the Space upon acceptance, not to exceed 2,688 ABOA SF. based upon the methodology outlined under the “Payment” clause of GSA 3517, General Clauses.
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 (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. 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. INTENTIONALLY DELETED
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 Leased Premises, in accor- dance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements and i mprovements required to be made thereto to meet the requirements of this Lease.
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 30 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. The Government reserves the right to terminate the lease with 30 days’ written notice to the lessor at any point during the term of the lease, including the firm term, should the airport become de-federalized or Congress ceases to appropriate funds for the TSA Program. The effective date of the termination shall be the day f ollowing 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.
C. The Government may terminate this Lease, in whole or in part, at any time effective after the Firm Term of this Lease, by providing not less than 30 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 (OCT 2016) INTENTIONALLY DELETED
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON-AIRPORT) (OCT 2023)
The following documents are attached to and made part of the Lease:
DOCUMENT NAME
NO. OF
PAGES
EXHIBIT
Floor Plan(s) 2 A
GSA 3517B, General Clauses 10 B
1.07 OPERATING COST BASE (OCT 2016) INTENTIONALLY DELETED .
Year 10 (2/1/2035 – 1/31/2036)
Annual Rent
Annual Rate / RSF (as
rounded to the nearest
penny)
Shell Rental Rate $403,704.97 $150.19
Operating Costs
$0.00
$0.00
Full Service Rate $403,704.97 $150.19
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 5 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
1.08 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
Lessor’s Unique Entity Identifier
UEI: CGDFXTJZJBG7
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 6 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023)
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. “Delivery Date” means the date specified in or determined pursuant to the provisions of the lease for delivery of the premise s to the Government, improved in accordance with the provisions of the lease and substantially complete, as such date may be modifi ed in accordance with the provisions of the lease.
5. “Excusable Delays” mean delays arising without the fault or negligence of Lessor and Lessor’s subcontractors and suppliers at any tier, and shall include, without limitation:
a. Acts of God or of the public enemy,
b. Acts of the United States of America in either its sovereign or contractual capacity,
c. Acts of another contractor in the performance of a contract with the Government,
d. Fires,
e. Floods,
f. Epidemics,
g. Quarantine restrictions,
h. Strikes,
i. Freight embargoes,
j. Unusually severe weather, or
k. Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.
6. “Lease Award Date” means the date the LCO executes the lease and furnishes written notification of the executed lease to the successful offeror (usually the date on which the parties’ obligations under the lease begin).
7. "Lease Term Commencement Date” means the date on which the lease term commences.
8. “Substantially Complete” or “Substantial Completion” means that the work, the common and other areas of the building, and all other things necessary for the Government’s access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminis h such access, occupancy, possession, use or enjoyment. The space shall be considered substantially complete only if the space may be used for its intended purpose.
9. “Work” means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this lease.
B. Real Property Terms.
1. “ANSI/BOMA” is an acronym for American National Standards Institute/Building Owners and Managers Association.
2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 7 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
3. “Appurtenant Areas” means those areas and facilities on the property that are not located within the premises, or for which r ights are expressly granted under this lease, or for which rights to use are reasonably necessary or reasonably anticipated with re spect to the Government's enjoyment of the premises and express appurtenant rights (e.g. parking areas).
4. “Broker” means GSA’s broker, if GSA awarded this lease using a contract real estate broker.
5. “Building” means building(s) situated on the property in which the premises are located.
6. “Commission Credit” means the amount of commission that is credited to the lease, if GSA’s broker agreed to forgo a percentage of its commission, in connection with the award of this lease.
7. “Common Area Factor (CAF)” means a conversion factor determined and applied by the building owner to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. The CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
8. “Firm Term” means the part of the lease term that is not subject to termination rights.
9. “Non-Firm Term” means the part of the lease term following the end of the firm term, which is subject to termination rights.
10. “Premises” means the total occupant area or other type of space, together with all associated common areas described in the l ease.
Appurtenant areas (e.g., parking areas) to which the Government has rights under this lease are not included in the premises.
11. “Property” means the land and buildings in which the premises are located, including all appurtenant areas (e.g., parking areas) to which the Government is granted rights.
12. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the bui lding owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telepho ne closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus th e CAF, for each type of space included in the premises.
13. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of s pace.
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.
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 wel l 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 OPERATING COSTS ADJUSTMENT (JUN 2012) INTENTIONALLY DELETED
2.05 RELOCATION RIGHTS (OCT 2021)
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 GSA a minimum of 120 days prior written notice. Lessor shall be responsible for all costs for such relocation, including all costs for moving fur niture, 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 Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 8 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
original Premises, unless the new Premises are located in an area for which the Airport charges tenants a lower rate, in whic h event the parties shall negotiate a reduction in the rental rate. The Government will not reimburse the Lessor for any increased square footage as a result of such relocation.
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, lease s 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.
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)
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 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 (MAR 2020)
The Offeror must have an active registration in the System for Award Management (SAM), via the Internet at, HTTPS://WWW.SAM.GOV/SAM/ prior to the Lease Award Date. Registration must be for purposes of “All Awards” and include completion of all required representations and certifications within SAM. Registration must be active throughout the life of the Lease. 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.
2.11 ENTITY NAME (OCT 2023)
Lessor may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in its entity name that owns and/or leases Space to GSA
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 9 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
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 o perational. All newly installed Building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilin gs, sprinklers, etc., shall be furnished, installed, and coordinated with T Is. 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, Int ernational 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 require ments of NFPA 101 or the IBC.
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2023)
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 on or above the sixth floor, then, at a minimum, the Building up to and including the 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 the Government occupies, either through this Lease or in combination with other Government Leases in the Building 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 Occupant 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), base d 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 3rd 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 a ll 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.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 10 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
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.
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025)
A. Energy-related Requirements.
1. 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 dat e for final proposal revisions (“most recent year”).
2. If this Lease was awarded under any of EISA's Section 435 statutory exceptions, the Lessor shall either:
a. 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
b. I. 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); and
II. Obtain and publicly disclose the Building’s current ENERGY STAR® score (using EPA’s Portfolio Manager tool), unless the Lessor cannot access whole building utility consumption data, or there is no building category within Portfolio Manager to benchmark against, including spaces—
(i) That are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and
(ii) For which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. (A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph D).
(iii) That cannot be benchmarked (scored) using EPA’s Portfolio Manager tool because of excessive vacancy; in which case Lessor agrees to obtain the score and publicly disclose it within 120 days of the eligibility to obtain a score using the EPA Portfolio Manager tool.
Note: “public disclosure” means posting the Energy Star® score on state or local websites in those areas that have applicable disclosure mandates and reporting the score to the Government via Portfolio Manager. In the absence of an applicable state or local disclosure mandate, Lessor shall either generate and display the Energy Star® score in a public space at the building location or post the score on Lessor’s or Lessor’s Parent/Affiliate website.
3. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final propos al 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.
B. Hydrology-related Requirements. Per EISA Section 438, the sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the Property with regard to the tem perature, rate, volume, and duration of flow . If the Lessor proposes to satisfy the Government’s space requirements through a development or redevelopment project, and the Government will be the sole or predominant tenant such that any other use of the Property will be functionally or quantitatively incidental to the Government’s use, the Lessor is r equired to implement hydrology maintenance and restoration requirements as required by EISA Section 438.
1. For the purposes of applying EISA Section 438 in this Lease, “sponsor” shall mean “Lessor”, and “exceeds 5,000 square feet” shall mean construction that disturbs 5,000 square feet or more of land area at the Property or on adjoining property to accommodate the Government’s requirements, or at the Property for whatever reason.
2. Lessor is required to implement these hydrology maintenance and restoration requirements to the maximum extent technically feasible, prior to acceptance of the Space, (or not later than one year after the Lease Award Date or Lease Term Commencement Date, whichever is later, of a succeeding or superseding Lease). Additionally, this Lease requires EISA Section 438 storm water compliance not later than one year from the date of any applicable disturbance (as defined in EISA Section 438) of more than 5,000 square feet of ground area if such disturbance occurs during the term of the Lease if the Government is the sole or predominant tenant. In the event the Le ssor is required to comply with EISA Section 438, Lessor shall furnish the Government, prior to the fi ling for permits for the associated work, with a certification from Lessor’s engineer that the design meets the hydrology maintenance and restoration requirements of EISA Section 438.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 11 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
3.06 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 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.
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.
3.09 HEATING, VENTILATION, AND AIR CONDITIONING (ON-AIRPORT) (OCT 2022)
A. Temperatures shall conform to local commercial equivalent temperature levels and operating practices to maximize tenant satis faction.
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 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, the dew point shall be maintained below 55 degrees F in occupied spaces, and below 60 degrees F in unoccupied spaces.
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 telecom munications 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 antenna s (high frequency, mobile, microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope as required.
3.11 GOVERNMENT PROJECT MANAGEMENT SYSTEM (ON-AIRPORT) (OCT 2022)
The Government may require the Lessor to use the Government’s project management system for post-award and post-occupancy activities. Licensing costs and access to the system are the responsibility of the Government.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 12 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES, UTILITIES, AND MAINTENANCE (ON-AIRPORT) (OCT 2020)
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 Lessor shall follow routine cleaning and disinfecting requirements in Section 5.01. 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
Only at the Public
checkpoint area.
ELEVATOR SERVICE INITIAL &
REPLACEMENT
OTHER
ELECTRICITY CHILLED DRINKING
WATER
WINDOW WASHING LAMPS, TUBES &
BALLASTS
(Specify below)
POWER (Special
Equip.)
AIR CONDITIONING Frequency as
needed, but no less than bi-
annually
PAINTING
FREQUENCY
Utilities by the
Lessor/Janitorial
services by the
Government WATER (Hot & Cold) RESTROOM
SUPPLIES
CARPET CLEANING Space as needed, but
no less than every five
years
SNOW REMOVAL JANITORIAL SERV. &
SUPP.
Frequency as
needed, but no less than
annually
Public Areas as
needed, but no less than
every five years
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 than normal hours, of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed after tenant working hours unless daytime cleaning is specified as a special requirement elsewhere in this Lease. Janitorial Services shall be required on weekends or Federal holidays. Services, maintenance, and utilities shall be provided 24 hours / 7 days a week.
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 un usual interruption, disturbing noises, exposure to fire or safety hazar ds, 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.
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 desig nated representative.
4.04 RECYCLING (ON-AIRPORT) (OCT 2023)
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 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 CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022)
INTENTIONALLY DELETED
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 13 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
4.07 HAZARDOUS MATERIALS, MOLD AND WATER INTRUSION (ON-AIRPORT) (OCT 2024)
The leased Space shall be free of hazardous materials , substances, and wastes, as defined by and according to applicable Federal, state, and local environmental regulations. The Space must be maintained to prevent water intrusion and accumulation, ensuring that no conditions exist that could promote mold growth. These include, 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.
B. 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.
C. 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 B.
1. The Lessor shall safely remediate all actionable conditions in accordance with sub-paragraph C.2 below.
2. The Lessor shall safely remediate all actionable conditions identified by the consultant using a qualified remediation contractor following 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.
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 conditions, the Government may implement a corrective action program and deduct its costs from the rent.
4.08 OCCUPANT EMERGENCY PLANS (OCT 2020)
The Lessor is required to cooperate, participate, and comply with the development and implementation of the Government’s Occupant Emergency Plan (OEP) and 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, will include evacuation procedures and an annual emergency evacuation drill, emergency shutdown of air intake procedures, and emergency notification procedures for the Lessor’s Building engineer or manager, Building security, local emergency personnel, and Government agency personnel.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LEASE NO. GS-09P-LCA03066, PAGE 14 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
NONE
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
EXHIBIT A
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
WOMEN MEN
R138 R139
27.0' FINISH
FLOOR
ELEVATION
26.66' TOP
OF
CONCRETE
LEVELING PAD
UNDER
FOOTPRINT
OF VESTIBULE
21.5' @
1:12
21.5' @
1:12
A268/103
737-800
CRJ-700
D101 596 SF
D102 273 SF
D103 184 SF
D104 197 SF
D107 117 SF
xB110 692 SF
xB117 308 SF
xB118
TSA BREAK
HALLWAY
TSA OFFICE
TSA OFFICE
TSA COMM
TSA TRAINING
TSA OFFICE
TSA OFFICE 321 SF
**TOTAL ±2,688 SF
D101
D102
D103
D104
D107
xB117
xB118
xB110
FRESNO YOSEMITE INTERNATIONAL AIRPORT
TSA LEASE LOCATIONS (EXPANSION) LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE LCA03066
EXHIBIT A - Floor plans
LEASE NO. GS-09P-LCA03066, LESSOR:___ GOVERNMENT:____
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE D107
I 17 sqft
□
□ D10
197
�
TERMINAL KEY -
REVISIONS/REFERENCE
CllY OF FRESNO
AIRPORTS DEPARTMENT
4995 EAST CUNTON WAY
FRESNO, CALIFORNIA 93727
PHON� 559-621-4500
FRESNO YOSEMITE INTERNATIONAL AIRPORT
FAT TERMINAL CONCOURSE EXPANSION
TSA LEASE MAP
TSA OFFICES, IT ROOM, BREAK ROOM
� .I •
m
D102
273 sqft
FUND. NO. ----
ORG. NO. -----
AIRPORTS DEPARTMENT
INTERIM DIRECTOR OF AVIATION
PRJ. I.D AM----- FRANCISCO PARTIDA, e.11., C.A.E. """'
APPROVED
PRJ. MGR� ___ CONST. MGR. ____ 11 PLANNING MGR
DR. BY: JSG
CH. BY: MGP
1-------------------------1 DATE: 10/20/25
CITY DRAWING NO.
SHEET NO. 2
J:\ACAD\FAT\Public Safety\ASP 2024\ASP Amendment 2024\25A00445.DWG SCALE: N/A OF 2 SHEETS LEASE NO. GS-09P-LCA03066, LESSOR:__ GOVERNMENT:___
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
EXHIBIT B
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property for Leases at or Below the Simplified Lease Acquisition Threshold - SLAT)
CLAUSE NO. 48 CFR REF. CLAUSE TITLE
1 GSAR 552.270-4 DEFINITIONS (DEVIATION)
2 GSAR 552.270-6 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (DEVIATION)
3 GSAR 552.270-7 FIRE AND CASUALTY DAMAGE (DEVIATION)
4 GSAR 552.270-9 INSPECTION – RIGHT OF ENTRY
5 GSAR 552.270-10 DEFAULT BY LESSOR (DEVIATION)
6 GSAR 552.270-20 PAYMENT (DEVIATION)
7 GSAR 552.270-27 INTEGRATED AGREEMENT (DEVIATION)
8 GSAR 552.270-14 CHANGES (DEVIATION)
9 GSAR 552.270-8 COMPLIANCE WITH APPLICABLE LAW (DEVIATION) 10 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR
INFORMATION SYSTEMS
11 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE
12 Clauses incorporated by reference include:
FAR 52.204-2 SECURITY REQUIREMENTS
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER
SUBCONTRACT AWARDS
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS
AND CERTIFICATIONS
FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR
PRICING DATA
FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR
HUBZONE SMALL BUSINESS CONCERNS
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
FAR 52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN
FAR 52.219-28 POST-AWARD SMALL BUSINESS REREPRESENTATION FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS
FAR 52.226-7 DRUG-FREE WORKPLACE
FAR 52.232-23 ASSIGNMENT OF CLAIMS
FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM –
SYSTEM FOR AWARD MANAGEMENT
FAR 52.233-1 DISPUTES
GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS GSAR 552.270-12 ALTERATIONS
GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES
GSAR 552.270-28 MUTUALITY OF OBLIGATION
GSAR 552.270-31 PROMPT PAYMENT
1. GSAR 552.270-4 DEFINITIONS (AUG 2023) (DEVIATION)
When a solicitation or contract uses a word or term that is defined in the Federal Acquisition Regulation (FAR) or General Services Acquisition Manual (GSAM), the word or term has the same meaning as the definition in FAR 2.101, GSAM 502.101, or GSAM 570.102 in effect at the time the solicitation was issued or lease contract was awarded, unless -
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
(a) The solicitation, amended solicitation, or lease contract provides a different definition (e.g., R100, L100);
(b) An applicable part, subpart, or section of the FAR or GSAM provides a different meaning.
2. GSAR 552.270-6 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (SEP 2022) (DEVIATION)
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 so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government’s access to, occupancy, possession, use and enjoyment of the premises as provided in this lease.
(a) For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge. (b) 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. (c) The Lessor shall maintain the premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this lease, including standards governing indoor air quality, existence of mold and other biological hazards, pres ence of hazardous materials, etc.
(d) The Government shall have the right, at any time after the lease award date 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.
3. GSAR 552.270-7 FIRE AND CASUALTY DAMAGE (SEP 2022) (DEVIATION)
(a) If the building in which the premises are located is totally destroyed or damaged by fire or other casualty, this lease shall immediately terminate.
(b) If the building in which the premises are located are only partially destroyed or damaged, so as to render the premises untenantable, or not usable for their intended purpose:
(1) The Lessor shall have the option to elect to repair and restore the premises or terminate the lease.
(2) Unless otherwise approved by the Lease Contracting Officer, the Lessor shall be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the premises within 60 days of the event of destruction or damage.
(i) If the Lessor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the lease effective as of the date of the event of destruction or damage.
(ii) If the Lessor elects to repair or restore the premises, but fails to repair or restore the premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commerc ially impracticable, the Government may terminate the lease effective as of the date of the destruction or damage. (3) During the time that the premises are unoccupied, rent shall be abated. Termination of the lease by either party under this clause shall not give rise to liability for either party.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
(4) Nothing in this lease shall be construed as relieving Lessor from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of Lessor.
4. GSAR 552.270-9 INSPECTION – RIGHT OF ENTRY (SEP 1999)
a) At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Off eror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but not be limited to:
(1) Inspecting, sampling and analyzing suspected asbestos-containing materials and air monitoring for asbestos fibers;
(2) Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered premises or the premises; (3) Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances; and (4) Inspecting for any current or past hazardous waste operations, to ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, State and local law. b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees.
The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might arise as a result of Lessor’s failure to inspect for or correct a hazardous condition.
5. GSAR 552.270-10 DEFAULT BY LESSOR (JUL 2023) (DEVIATION)
Occurrence of the following constitutes default by the Lessor and gives rise to the following rights and remedies of the Government:
(a) Prior to acceptance of the space. Failure by the Lessor to perform diligently any obligations required for acceptance of the space or other required improvements within the times specified, other than due to an excusable delay, 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, in its sole discretion, terminate the lease on account of the Lessor's default. (b) After acceptance of the space. Failure by the Lessor to perform any service, to provide any item, or satisfy any requirement of this lease, other than due to an excusable delay, constitutes 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, in its sole discretion, take one or more of the following actions:
(1) 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 Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
Government may deduct from rental payments its costs, including administrative costs, incurred in connection with taking the action;
(2) 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.
If default renders the leased premises untenable, the reduction of rent may be calculated as the prorated portion of the monthly rent represented by all such days the leased premises is untenantable;
(3) Terminate the lease if:
(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 substantially impair the safe and healthful occupancy of the premises, or render the premises unusable for its intended purposes.
(c) Damages. The Lessor and the Lessor sureties, if any, are jointly and severally liable for any damages to the Government resulting from default or termination, as provided in this clause. (1) Damages include all costs associated with the replacement lease(s), which include but are not limited to the following: the Government’s aggregate rent, estimated real estate taxes, operating costs, administrative costs, or other reprocurement costs. (2) If the Government procures replacement premises for a term (including all option terms) in excess of this lease term, the Lessor is not liable for excess Government rent or adjustments during such excess lease term.
(3) Damages to which the Government is entitled to under this clause are due and payable thirty (30) days following the date the Lessor receives notice from the Contracting Officer specifying such damages.
(d) Excusable delays.
(1) The Government shall not terminate this lease under this clause nor charge the Lessor with damages under this clause, if:
(i) the delay in substantially completing any work or performing any services arises from excusable delays, and
(ii) the Lessor, within ten (10) days from the beginning of any such delay (unless extended in writing by the Contracting Officer) provides notice to the Contracting Officer of the causes of delay.
(2) The Contracting Officer shall ascertain the facts and the extent of delay. If the facts warrant, the Contracting Officer shall extend the delivery date commensurate with the delay at no additional costs to the Government. A time extension is the sole reme dy of the Lessor.
(e) No deduction from rent, termination of lease, or any other action pursuant to this clause will constitute a default by the Government under this lease.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
(f) 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.
6. GSAR 552.270-20 PAYMENT (AUG 2023) (DEVIATION)
(a) When space is offered and accepted, ANSI/BOMA Occupant Area (ABOA) square footage delivered will be confirmed by either:
(1) The Government’s measurement of plans submitted by the successful offeror as approved by the Government, and an inspection of the space to verify that the delivered space conforms with such plans; or
(2) A mutual on-site measurement of the space if the Contracting Officer determines it necessary.
(b) The Government will not pay for space in excess of the amount of ABOA square footage stated in the lease.
(c) If the amount of ABOA square footage delivered is less than the amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the annual rental will be adjusted as follows:
ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied by the rate per rentable square foot (RSF). That is:
(d) Common Area Factor (CAF). 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. 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. (e) Rentable Square Footage (RSF). The RSF 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.
7. GSAR 552.270-27 INTEGRATED AGREEMENT (SEP 2022) (DEVIATION)
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 a part of the lease, neither the request for lease proposals nor any pre-award communications by either party shall be incorporated in the lease .
8. GSAR 552.270-14 CHANGES (SEP 2022) (DEVIATION)
(a) The Lease Contracting Officer (LCO) may at any time, by written order, direct changes to the tenant improvements 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 cost 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:
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
(1) An adjustment of the delivery date.
(2) An equitable adjustment in the rental rate.
(3) A lump sum equitable adjustment. or
(4) An adjustment of the operating cost base, if applicable. (c) The Lessor must assert its right to an amendment under this clause within 30 days from the date of receipt of the change order and must submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. Howev er, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed.
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes, the Government is not liable to Lessor under this clause.
9. GSAR 552.270-8 COMPLIANCE WITH APPLICABLE LAW (SEP 2022) (DEVIATION)
Lessor shall comply with all Federal, state, tribal, 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, tribal, 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.
10. FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public ( such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009 ).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
11. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
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 their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
https://www.acquisition.gov/browse/index/gsam.
12. The following clauses are incorporated by reference:
FAR 52.204-2 SECURITY REQUIREMENTS (MAR 2021) (Applicable when the contract may require access to classified information.)
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Applicable if over $30,000 total contract value.)
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2025)
(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 $2,000,000.)
FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN 2020) (Applicable when the clause at FAR 52.215-10 is applicable.)
FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2025) ALTERNATE III (JAN 2025) (Applicable to Leases over $750,000 total contract value.)
FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (SEP 2021) (Applicable to leases over $750,000 total contract value.)
FAR 52.219-28 POST-AWARD SMALL BUSINESS REREPRESENTATION (JAN 20254) (Applicable to leases exceeding the micro-purchase threshold)
FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (Applicable to leases $150,000 or more, total contract value. Full text may be found at http://www.acquisition.gov)
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (Applicable to leases over $15,000 total contract value. Full text may be found at http://www.acquisition.gov)
FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (Applicable to leases $150,000 or more, total contract value.) Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (12/25)
FAR 52.226-7 DRUG-FREE WORKPLACE (MAY 2024)
(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 (OCT 2018)
FAR 52.233-1 DISPUTES (MAY 2014)
FAR 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025 – GSA Class Deviation RFO-2025-40)
GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS (APR 2023)
GSAR 552.270-12 ALTERATIONS (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 No. 3090-0086.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE
EXHIBIT C
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ City of Fresno v. Turner . Pursuant to the court’s preliminary injunction (PI) in City of Fresno v. Turner, 3:25-cv-07070-RS (N.D. Calif.), ECF No. 45 (September 24, 2025), DOT and its operating administrators, which includes, but is not limited to the FAA (collectively DOT), will not (1) impose or enforce the challenged conditions included in the PI, or any materially similar terms and conditions, with respect to any grant funds awarded to the Plaintiffs, (2) require the Plaintiffs to make any “certification” or other representation related to compliance with such terms or conditions, and (3) refuse to issue, process, or sign grant agreements based on Plaintiffs participation is Fresno v. Turner.
Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 1 of 19
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 2 of 19
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1 LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 3 of 19
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act – 16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681–1683 and 1685– 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 U.S.C. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended – 42 U.S.C. § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. § 1352.
EXECUTIVE ORDERS
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs d. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
f. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing
h. Executive Order 14154 – Unleashing American Energy
i. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity
FEDERAL REGULATIONS
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 4 of 19
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 and 1201 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 5 of 19
w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
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b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 7 of 19
residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program, and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 8 of 19
certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement.
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17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
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1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
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c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 12 of 19
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 13 of 19
transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
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28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary.
b. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration—
1. is outside the scope of the Secretary’s review and approval authority as set forth in subsection (x); or
2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.
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30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 16 of 19
race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e);
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3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 18 of 19
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE Airport Sponsor Assurances (4/2025) Page 19 of 19
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).
LEASE NO. GS-09P-LCA03066, LESSOR:_____ GOVERNMENT:______ Docusign Envelope ID: BC7D2605-69DF-43B0-B6B1-1CD439C6D0EE