Burns & McDonnell_Denver RFP Response_FLIP BOOK



2. Provide examples of the form of Request for Proposal that you would propose to utilize with prospective landlords. Please see below for links to our Request for Proposal Templates that we would utilize for prospective landlords. We have included two separate templates for your review. One is meant for landlords of existing buildings, and the other is catered toward new construction buildings. There are a number of different points, specifically in relation to Base Building language, that are necessary to include when negotiating in a New Construction asset. Our RFP templates are extensive and ensure that we negotiate all major economic and business provisions prior to the landlord drafting a lease. A tenant’s leverage is always much stronger when negotiating during the letter of intent stage, which is why we push to finalize ALL points of the below RFPs before agreeing move to the lease negotiation stage. These RFPs demonstrate the level of detail our team applies in negotiating each and every key point to drive a below market deal for our clients.

CLICK HERE for a Request for Proposal for an existing building

CLICK HERE for a Request for Proposal for a new construction building

Steven J. Billigmeier Executive Managing Director 1401 Lawrence Street, Suite 1100 Denver, CO 80202 Office +1 303 813 6413 Cell +1 303 919 0850 steve.billigmeier@cushwake.com

Term Sheet



September 2, 2021

First/Last Name Title Company City, State, Zip

Term Sheet


Tenant Disclosure

Term Sheet



Tenant Entity:

Insert tenant entity that is signing the lease.

Date, 2021


Financial Summary:

Insert public financial info if available.



Landlord Representations and Warranties:

Term Sheet



Contemporary Office Use including, but not limited to, offices, open furniture systems, meeting space, computer and communications network room, collaborative open environments, food/beverage areas with minimal food prep and catering prep and layout.


1. Management and Maintenance - Landlord will warrant that the Building will be maintained and managed in a manner consistent with the first-class office properties fou d in D nv r, Colorado. Interruption of Services – Landlord will use all commercially reasonable efforts to prevent and mitigate any interruption of services whether they be services provided t the Building by utility companies or municipality services or services within and upon the Building provided by Landlord or Landlord’s Agent and contractors. All Capital Expenses incurred by the Landlord prior to the commencement of the Lease shall be expenses of Landlord solely and under no circumstances eligible for recovery or inclusion in operating expenses or insurance proceeds, for which increased future premiums ar required. Any Capital Expense items which occur after the Commencement Date of the Le se and during the Term of the Lease, as may be extended, shall be eligible for recovery only if those capital expenses were specifically required by a change in law taking effect aft r the Commencement Date or capital expenses that actually succeed in reducing Operati g Expenses by more than the eligible recovery amount. In the event of an eligible recovery event, those Capital Expenses must be amortized over the longer of the useful life of the equipment, or improvement, as established by ASHRAE or GAAP standards or the amortization standards for the IRS. Landlord will identify any areas of the Building that are used by third parties for the purposes of generating revenues but may also be defined as common areas, or l ter converted from common areas to leasable or eligible for third party revenue generation, an Landlord will make the appropriate adjustment to remove those areas from Tenant’s useable to rentab e factors and any other costs required of Tenant to maintain or support those ar as of the Building. Please further illustrate any calculations concerning retail space in the Bu lding and that area’s use of and allocation of expenses methodology to ensure Tenant is not paying for areas which only support retail operations within the Building. Base Rent: 2. Operating Expenses: Compliance with Law – Landlord will represent to Tenant that Landlord’s Building is in compliance with law, including, but not limited to, the regulations of the ADA, and that all known compliance issues that remain in process will be completed, inspected and remediated in whatever manner is required to allow Tenant occupancy and quiet enjoyment of the leasehold estate established by the Lease between the parties. 4. Tenant shall not be charged Rent on any outdoor space adjacent to or even exclusive to Tenant’s use. Landlord shall accept responsibility for the design and function of any outdoor space and the potential for the existence of outdoor space to cause damage to Tenant’s interior improvements if not properly designed and constructed. Landlord will deliver the Premises, and any associated outdoor space or common corridors, in broom clean, level and moisture mitigation condition. The Premises shall be delivered free of asbestos and other hazardous materials and in conformance with local codes and ADA requirements (including any ADA improvements required to be made to the Building whether triggered by Tenant’s submission of construction drawings, or not). Further, the Lease will provide for clear delineation between a Landlord Delay and a Tenant Delay associated with the delivery of the Premises for tenant improvement construction to begin. | 2 Security Deposit: 5. Tenant Improvement Allowance: The Premises shall consist of approximately (Insert Size Range) rentable square feet (“RSF”). The final square footage calculation shall be mutually agreed upon and v rifi d upon the completion of a space plan. 3. Property Taxes:



Building Attributes

1. Landlord Entity: On behalf of our client, CLIENT NAME, (hereinafter “Tenant”) we are requesting a response to this request for proposal from LANDLORD NAME (hereinafter “Landlord”) for the leasing of office space and other appur enant uses in the above referenced property. We would like to evaluate your facility, BUILDING ADDRESS (hereinafter “Building”), further to determine the Building’s ability to accommodate the requirements of Tenant. 2. Lender: 3. Measurements:

Insert landlord entity that is signing the lease.

Base Rent shall be the NNN rent charged by Landlord in return for the exclusive use and quiet enjoyment of the Premises and use in common of the Building by Tenant. The Base Rent schedule shall be: Months 1 – XX = $00.00 per RSF per Year NNN Tenant will pay its proportionate share of operating expenses for the Building in addition to the above stated Base Rent. The operating expenses, which vary based upon occupancy, will be adjusted to reflect 100% occupancy. Increases in controllable operating expenses will be capped at 3% per year, non-cumulative, non-compounding. “Uncontrollable Expenses” means actual and reasonable expenses relating to the cost of utilities (not provided by Landlord), insurance, real estate taxes and snow removal. All services provided to Tenant will be charged at Landlord’s actual costs. Operating Expenses shall be calculated in accordance with Generally Accepted Accounting Principles (GAAP) and shall include all commercially reasonable expenses incurred to operate the Building. Management fees or royalties charged for the management of the Building shall not be greater than three percent (3%) of the properly chargeable Base Rent NNN (excluding fees and royalties), and in no event shall fees or royalties be greater than those costs that are above market rates charged for similar properties. Tenant will have a list of categories that will be allowed for inclusion in operating expenses and others that will be specifically excluded. Tenant reserves the right to audit Operating Expenses on an annual basis using a firm of Tenant’s designation. In the event any audit results discover an overstatement of expenses in excess of 3%, Landlord agrees to reimburse Tenant for all reasonable costs of the audit in addition to the amount of the overstatement. Cushman & Wakefield shall be named as an approved Auditor on a contingency fee basis. Please provide a breakdown of the estimated 2020 Operating Expenses with your response . Tenant will pay its proportionate share of real estate taxes for the Building in addition to the above stated Base Rent and Operating Expenses. Landlord will provide Tenant with all calculations and with copies of all tax documents received from the taxing authority. Tenant will have the right to compel Landlord to pursue an appeal or other challenge to the property taxes or pursue any other remedy available to Tenant. Any tax increase caused by Landlord’s actions, and not required by the Lease, shall not be charged or otherwise reimbursed by Tenant. Given the length of term of the Lease and the financial strength and operating history of Tenant, we do not anticipate the need for any Security Deposit. Landlord shall provide a Tenant Improvement Allowance of ______ (“TIA”) for the initial design, engineering, and construction of the space including, without limitation, permits, signage, security system(s), data center infrastructure, and project management fees and any other modifications necessary to accommodate Tenant in the Building. Landlord shall allow Tenant to utilize up to _____ per rentable square foot of the above stated “TIA” for telecommunications/cabling, furniture fixtures & equipment, and/or shall be applied as rent abatement.

(Landlord to Provide any Lender on the Building)

6. All space shall be measured in accordance with the BOMA definition, American National Standard Z 65.1 – 2017. The standard shall have modifications to comply with market practice in the Denver Metropolitan Market and Tenant shall have the right to have their own architect review the space measurement calculations. Landlord shall provide with your response the complete BOMA Measurement Summary document for the Building. Life Safety Systems – Landlord will warrant that all Life Safety Systems of the Building are installed in compliance with all codes and regulations and that all con ections to the building systems from the Premises are completed and in good working order prior to the delivery of the Premises for commencement of tenant improvements. Elevators, Escalators and Stairwells – If available, Landlord warrants that all levator systems, escalators and any stairwells are engineered and constructed to be in compliance with ll codes and regulations and designed to accommodate the density and traffic re sonably expected for the use. Capital Expenses: 7. Security Systems – Landlord, at Landlord’s expense, shall provide building security equipment, personnel procedures and access systems. In your response, please provide information regarding the building security system for both the Building’s operating and non- operating hours. Communication & Data – Landlord shall provide a fiber-optic lines into the building terminating in the main Building communication/network point of presence room. T nant shall be provided no less than two, three-inch conduits in the Building’s vertical communications conduit running from the Building’s communications/network point of presence room to Tenant’s communication/network room on each floor and then continuing to the rooftop conduit port for connection to any rooftop antennae or communication equipment. Please provide a list of the existing fiber providers in the Building. Electricity – Please describe in detail how “tenant electricity” is determined. Is it separately metered directly to the utility provider, sub or check-metered by Landlord, or pro-rated by Landlord? Does it include anything more than traditional lights and plugs (i.e. HVAC, VAV boxes, etc.)? Electricity shall be provided 24 hours per day, 7 days a week without interruption, subject to force majeure and scheduled maintenance outages. HVAC – Tenant’s preference is for a digital HVAC system with dedicated air handler for their floor maximizing zone control and after-hours convenience. Tenant requires HVAC from 6:00 a.m. to 7:00 p.m. Monday through Friday, 7:00 a.m. to 12:00 p.m. on Saturday. Landlord certifies that building standard heating, ventilating and air-conditioning systems are designed to be capable of maintaining ASHRAE standards. | 1 Excluded Area Identification: C. Tenant’s Premises 1. Premises Size: 2. Outdoor Space:



Base Building Systems:

We ask that you respond in full to the attached Term Sheet to enable a complete and thorough evaluation of your Building. CLIENT NAME requires that responses be included within the attached Term Sheet, formatted as an MS Word document, using the REDLINE feature to track changes. If any item or clause is not specifically included or mentioned in your responses, we will assume ownership is in agreement with our language as written. Client Name/ Logo

Prepared for: First Last Name Company Name


Prepared by: Steven J. Billigmeier Executive Managing Director Cushman & Wakefield

Steven J. Billigmeier Executive Managing Director Cushman & Wakefield 1401 Lawrence Street, Suite 1100 Denver, CO 80202 Steve.Billigmeier@cushwake.com 303-813-6413

Cushman & Wakefield of Colorado, Inc.


Delivery Condition:

Cushman & Wakefield of Colorado, Inc.


Economic Provisions


Early Commitment Consideration:

Please describe the opportunity for Tenant to participate in value creation their tenancy provides to the Landlord and any critical path deadlines that may be associated with this value. Tenant understands the benefits of their commitment and the timing of their commitment and has an expectation that they will participate in the value creation they provide. | 3

Cushman & Wakefield of Colorado, Inc.

Cushman & Wakefield of Colorado, Inc.

| 4

15 RFP for Real Estate Services BURNS & MCDONNELL

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