JULY 2005
Utilities provided in adequate amounts
size of the leased premises and the needs of
during hours of operation specified in the
VA. Also, consideration should be given to
lease;
negotiating rights of cancellation, rather than
renewal options, to allow greater flexibility in
Lessor-janitored area free of obstacles and
determining when VA might choose to terminate
cleaned on a regular basis;
the lease. A renewal option allows only a limited
amount of time for notice that the lease will not
Lessor-janitored lavatories fully functional
be renewed, whereas a right of cancellation
and cleaned on a regular schedule;
allows for notice any time after the date stated
Maintenance of site, grounds, and parking
for it to take effect.
areas;
MODIFYING THE LEASE / SUPPLEMENTAL
Trash removed on a regular basis;
LEASE AGREEMENTS (SLA)
If applicable, snow/ice removed within speci-
Throughout the firm term and renewal terms of
fied time frame;
the lease, VA and the Lessor may find it
Fire and life safety equipment fully functional
necessary to modify the lease for any number of
and regularly tested;
reasons, including:
Elevators and conveyances available and
Lump sum payments for adjustments in real
functioning properly during the hours of
estate taxes from those established for the
building operation; and
initial year of the lease;
Responsiveness of Lessor to requests for
Changes in the rental rate due to operating
routine maintenance.
expense escalations;
VACANT LEASED SPACE
The addition or surrender of premises;
Temporary Vacancy
The addition of alterations; and
When a facility leased by VA becomes vacant
The termination of the lease.
but VA fully anticipates utilizing the vacant space
in the future, then the ACO should review the
Whenever the ACO determines that the lease
lease contract for a provision which grants VA
must be amended, he/she must prepare a GSA
the right to reduce the total rent by that amount
Form 276, Supplemental Lease Agreement
attributable to the vacant premises for the
(SLA) [See Appendix A] to reflect each modifi-
duration of the vacancy. If that provision exists,
cation. The Lessor executes the SLA first; then
then the ACO should exercise that right in
it is executed by the ACO. Each SLA must also
accordance with the provision and execute a
be abstracted, with the changes entered into the
SLA to reflect the change.
lease database as appropriate. Modifications to
the lease that alter VA' use of the space within
s
Partial Vacancy
the scope of the lease should be communicated
to employees to avert violations of the lease.
Whenever VA' space requirements change
s
Actions set forth within all SLAs must be for
such that a portion of the leased premises
adequate consideration.
becomes vacant and VA does not anticipate
having a use for the vacant premises before the
MONITORING LESSOR'S PERFORMANCE
expiration date of the lease, the ACO should
search the lease for a provision that permits VA
Throughout the life of the lease, the ACO has
to modify the lease with respect to the vacant
the obligation of monitoring the performance of
premises. If such a provision does not exist,
the Lessor under the provisions of the lease.
then there are several possible alternatives:
The following is a list of basic performance
monitoring areas:
Negotiate with the Lessor to modify the
lease with respect to the vacant space
Heating, air conditioning, and ventilation
without cost to VA;
provided during the hours and at the
temperatures specified in the lease;
Sublease the space to a third party, if the
space being retained by VA can be
configured in such a way to permit the
VA DESIGN GUIDE
LEASE BASED OUTPATIENT CLINICS
SECTION 9-7
Previous Page
