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Agenda - 06-15-2021; 8-n - USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental and Agricultural Center
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Agenda - 06-15-2021; 8-n - USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental and Agricultural Center
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8-n
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Agenda for June 15, 2021 Board Meeting
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47 <br /> GENERAL CLAUSES <br /> (Acquisition of Leasehold Interests in Real Property) <br /> 1. SUBLETTING AND ASSIGNMENT (JAN 2011) <br /> The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by <br /> reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to <br /> Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said <br /> assignment. Any subletting or assignment shall be subject to prior written consent of Lessor, which shall not be <br /> unreasonably withheld. <br /> 2. 552.270-11 SUCCESSORS BOUND (SEP 1999) <br /> This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, <br /> successors, and assigns. <br /> 3. 552.270-23 SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT(SEP 1999) <br /> (a) Lessor warrants that it holds such title to or other interest in the premises and other property as is <br /> necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the <br /> provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this clause, <br /> that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or <br /> hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention <br /> of the parties that this provision shall be self-operative and that no further instrument shall be required to effect the <br /> present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next <br /> following the Contracting Officer's receipt of a written demand, to execute such instruments as Lessor may reasonably <br /> request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other <br /> security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to <br /> serve the premises or adjoining property owned in whole or in part by Lessor if such easement does not interfere with <br /> the full enjoyment of any right granted the Government under this lease. <br /> (b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security <br /> instrument shall operate to affect adversely any right of the Government under this lease so long as the Government is <br /> not in default under this lease. Lessor will include in any future mortgage, deed of trust or other security instrument to <br /> which this lease becomes subordinate, or in a separate non-disturbance agreement, a provision to the foregoing effect. <br /> Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other <br /> security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such <br /> consents to the Contracting Officer promptly upon demand. <br /> (c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such <br /> mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be <br /> deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof <br /> and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all <br /> obligations of the Lessor under this lease, so as to establish direct privity of estate and contract between Government <br /> and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the lease had <br /> initially been entered into between such purchasers or transferees and the Government; provided, further, that the <br /> Contracting Officer and such purchasers or transferees shall, with reasonable promptness following any such sale or <br /> deed delivery in lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to <br /> document the foregoing relationship. <br /> (d) None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's <br /> rights as a sovereign. <br /> LESSOR: GOVERNMENT: GSA FORM 35178 <br /> REV(10/20) <br /> Page 3 <br />
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