JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
3.
552.270-11 SUCCESSORS BOUND (SEP 1999)
This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors,
administrators, successors, and assigns.
4.
552.270-23 - SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (SEP 1999)
(a)
Lessor warrants that it holds such title to or other interest in the premises and other property
as is necessary to the Government's access to the premises and full use and enjoyment
thereof in accordance with the provisions of this lease. Government agrees, in consideration
of the warranties and conditions set forth in this clause, that this lease is subject and
subordinate to any and all recorded mortgages, deeds of trust and other liens now or
hereafter existing or imposed upon the premises, and to any renewal, modification or
extension thereof. It is the intention of the parties that this provision shall be self-operative
and that no further instrument shall be required to effect the present or subsequent
subordination of this lease. Government agrees, however, within twenty (20) business days
next following the Contracting Officer's receipt of a written demand, to execute such
instruments as Lessor may reasonably request to evidence further the subordination of this
lease to any existing or future mortgage, deed of trust or other security interest pertaining to
the premises, and to any water, sewer or access easement necessary or desirable to serve
the premises or adjoining property owned in whole or in part by Lessor if such easement does
not interfere with the full enjoyment of any right granted the Government under this lease.
(b)
No such subordination, to either existing or future mortgages, deeds of trust or other lien or
security instrument shall operate to affect adversely any right of the Government under this
lease so long as the Government is not in default under this lease. Lessor will include in any
future mortgage, deed of trust or other security instrument to which this lease becomes
subordinate, or in a separate nondisturbance agreement, a provision to the foregoing effect.
Lessor warrants that the holders of all notes or other obligations secured by existing
mortgages, deeds of trust or other security instruments have consented to the provisions of
this clause, and agrees to provide true copies of all such consents to the Contracting Officer
promptly upon demand.
(c)
In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any
such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the premises or any portion thereof and its or their successors
and assigns, and any such purchasers and transferees will be deemed to have assumed all
obligations of the Lessor under this lease, so as to establish direct privity of estate and
contract between Government and such purchasers or transferees, with the same force,
effect and relative priority in time and right as if the lease had initially been entered into
between such purchasers or transferees and the Government; provided, further, that the
Contracting Officer and such purchasers or transferees shall, with reasonable promptness
following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to
this lease, or other writings, as shall be necessary to document the foregoing relationship.
(d)
None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
5.
552.270-24 - STATEMENT OF LEASE (AUG 1999)
(a)
The Contracting Officer will, within thirty (30) days next following the Contracting Officer's
receipt of a joint written request from Lessor and a prospective lender or purchaser of the
building, execute and deliver to Lessor a letter stating that the same is issued subject to the
conditions stated in this clause and, if such is the case, that (1) the lease is in full force and
effect; (2) the date to which the rent and other charges have been paid in advance, if any;
and (3) whether any notice of default has been issued.
(b)
Letters issued pursuant to this clause are subject to the following conditions:
(1)
That they are based solely upon a reasonably diligent review of the Contracting
Officer's lease file as of the date of issuance;
(2)
That the Government shall not be held liable because of any defect in or condition of
the premises or building;
(3)
That the Contracting Officer does not warrant or represent that the premises or building
comply with applicable Federal, State and local law; and
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
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