CONSEJERÍA DE ECONOMÍA Y HACIENDA Comunidad … · Dirección General de Política Financiera, Tesorería y Patrimonio CONSEJERÍA DE ECONOMÍA Y HACIENDA Comunidad de Madrid Terms

Dirección General de Política Financiera, Tesorería y Patrimonio CONSEJERÍA DE ECONOMÍA Y HACIENDA

Comunidad de Madrid

Terms and Conditions for Disposal and Leaseback of Real Property Assets through electronic auction. Docket No. E-02/2014

C/ Santa Catalina nº 6, 3ª planta 1 28014 Madrid

Disclaimer: To all intents and purposes the present document is solely informative. Any errors in the present translation will not establish a base to any claim. For legal and contractual purpose the only valid document is the Spanish version of the Schedule of Terms and Conditions

TERMS AND CONDITIONS FOR DISPOSAL AND LEASEBACK OF FOUR REAL PROPERTIES OWNED BY COMUNIDAD DE MADRID THROUGH ELECTRONIC AUCTION

Pursuant to Article 50.1 of Law 3/2001 of June 21 on Property Assets of Comunidad de Madrid, the real property assets owned by Comunidad de Madrid, listed in Annex I to these Terms and Conditions have been declared alienable by Order of June 24 2014 of the Regional Minister of Economy and Finance.

Pursuant to the Agreement adopted by the Government of Comunidad de Madrid on July 3 2014, the real property assets listed in Annex I to these Terms and Conditions have been earmarked for disposal and leaseback, and approval of lease-related expenditure.

To that end, said real property assets have been appraised by an expert, and subjected to the real property disposal and leasing procedure, pursuant to Director General for Financial Policy, Treasury and State Assets Resolution of June 21, 2013.

The award and leasing of each real property listed in Annex I shall be by electronic auction.

Both sale and lease conditions, as well as the conditions for participation in the auction and selection of each successful bidder are contained in these Terms and Conditions, adopted on the report of the Legal Services of Comunidad de Madrid, by Order of the Regional Minister of Economy and Finance of June 24 2014, in accordance with the following:

CLAUSES

CHAPTER I. GENERAL PROVISIONS

FIRST.- LEGAL FRAMEWORK

Contracts for the purchase and leasing of real property, as provided in Article 4.1.p) of Royal Legislative Decree 3/2011 of 14 November, approving the revised text of the Public


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Procurement Act, hereinafter TRLCSP, are private.

As for its drafting and award, each contract shall be governed as provided herein, and, where not provided by this Law, as provided by the Law 3/2001 of 21 June on Property Assets of Comunidad de Madrid, hereinafter LPCM, the Law 33/2003 of 3 November on Property Assets of the Public Administration, hereinafter LPAP, and Royal Decree 1373/2009 of 28 August approving the General Regulations of LPAP. To clarify any shortcomings and/or questions that may arise, the principles provided for in Royal Decree 3/2011 of 14 November approving the revised text of the Sectoral Contract Act shall apply.

As for its effects and termination, in general, they shall be governed by the rules of private law, and, in particular, by Articles 1.445 et seq of the Civil Code which relate to sale agreements, and by the Urban Lease Act 29/1994 of 24 November on tenant relations.

In any case, the sale and lease conditions of each property are listed in the Annexes II and III to these Terms and Conditions.

SECOND.- PURPOSE OF THE AUCTION

The purpose of this auction is to award, simultaneously and inseparably, each disposed property owned by Comunidad de Madrid, referred to in Annex I, then have the purchasers, in their capacity as the new owners, lease each property back to the Administration.

For the purposes of the bid price and the award, each lot is the only object of the sale and leaseback.

THIRD.- ADDITIONAL INFORMATION AND PROCUREMENT PORTAL

In order to visit the real properties associated with this auction and receive additional information on the bidding process, interested parties may contact the Sub-Directorate General for Legal Matters and State Asset Management (Directorate General for Financial Policy, Treasury and State Assets. Regional Ministry of Economy and Finances) at:

Calle Santa Catalina 6, 3ª planta. Madrid 28014 Telephone: 91 580 35 74/ 91 580 36 53/ 91 580 98 58.

Fax: 91 580 98 55 E-mail: [email protected]

The interested parties will be provided a descriptive dossier of the physical, legal and urban features of each real property as complementary documentation to these Terms and Conditions. This document is for informational purposes only, and is non-contractual.

In any case, information on the disposal and lease process is provided on the Procurement Portal of Comunidad de Madrid

mailto:[email protected]


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(http://www.madrid.org/contratospublicos), including both these Terms and Conditions and the documentation referred to herein.

CHAPTER II. BIDDING

FOURTH.- CAPACITY TO CONTRACT

Successful bidders may be natural and/or legal persons with full capacity to act under the provisions of the Civil Code.

Individuals who have filed for, or been forced into bankruptcy, have been adjudged insolvent by the court, are subject to receivership or have been disqualified under the Bankruptcy Act 22/2003 of July 9, as well as those affected by the circumstances provided for in the laws on incompatibility, may not participate in their own name and right.

No person with outstanding debts to Comunidad de Madrid in enforcement period may participate, except where such debts are properly secured.

Proposals underwritten by several people are accepted, provided they are jointly and severally liable with Comunidad de Madrid as regards these Terms and Conditions, and the rights and obligations they may have with respect to these Terms and Conditions are considered indivisible.

FIFTH.- GUARANTEE

Bidders must provide a guarantee equal to five percent (5%) of the reserve price for each lot on which they wish to bid. The amount of each guarantee is as follows:

GUARANTEE

LOT AMOUNT

Lot One € 535,000

Lot Two € 176,350

Lot Three € 399,000

Lot Four € 244,000

Where bids are made for multiple lots, the guarantee shall be provided separately for

http://www.madrid.org/contratospublicos


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each lot, indicating the lot concerned.

The guarantee shall be in force until the award of the bid to one or more bidders and until the execution of the sale and lease contract by the successful bidder(s).

In no event shall this guarantee confer the bidders any right to the award.

This guarantee must be lodged with the Treasury of Comunidad de Madrid (Plaza de Chamberí, N° 8 - Madrid), in cash, by bank check or security. The document accrediting the existence of a security shall conform respectively to the model provided in Annex VI to these Terms and Conditionsi.

Bids failing to provide such guarantee in the form requested, or in the amount required, will be automatically rejected by the Bids and Awards Committee.

If the guarantee was paid in cash or by bank check, this amount shall be considered part of the price.

SIXTH.- PROCEDURE, RESERVE PRICE AND AWARD CRITERIA

Each lot will be awarded by electronic auction subject to submission of bids in a sealed envelope.

The bid will be awarded based exclusively on the bid price, which, in any case, must be equal to or higher than the reserve price.

The reserve price for each lot is as follows:

RESERVE PRICE

LOT AMOUNT

Lot One € 10,700,000

Lot Two € 3,527,000

Lot Three € 7,980,000

Lot Four € 4,880,000

i In accordance with the Order of the Regional Ministry of Finance of 2 April 2004, governing the electronic Registry of proxy representatives of credit institutions, mutual guarantee societies and insurance companies providing guarantees to the Comunidad de Madrid “proxy representatives of credit institutions, mutual guarantee societies and/or insurance companies that guarantee and/or insure all types of individuals vis-à-vis all bodies, agencies, entities and companies of the Comunidad de Madrid must provide to Comunidad de Madrid the official document accrediting their powers, when such guarantees are required by rules of a statutory or regulatory nature under the purview of this Comunidad”.


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Bid prices lower than the reserve price will be immediately rejected by the Bids and Awards Committee.

Under no circumstances shall the reserve price be deemed to include any taxes, duties or other amounts payable by the successful bidder according to these Terms and Conditions, or other applicable regulations.

SEVENTH.- CALL AND ADVERTISING

The call for bids shall be published in the Official Journal of Comunidad de Madrid (OJCM), indicating:

a) Place, date and time of the auction.

b) Description of the property being offered for auction and the reserve price for each lot.

c) The place of consultation or mode of access to the terms and conditions and accompanying documentation.

d) The deadline, form and place where proposals are to be submitted.

Moreover, the call will be published in the contractor profile section of the Regional Ministry of Economy and Finances, which may be accessed through the Procurement Portal of Comunidad de Madrid on the institutional website of Comunidad de Madrid http://www.madrid.org/contratospublicos.

EIGHTH.- SUBMISSION OF BIDS

The bids shall be submitted at the time, manner and place specified in the call for bids in accordance with these Terms and Conditions.

When bidding for several lots, a separate bid shall be made for each lot in accordance with the procedure set out in the following clause.

A person may not, under his/her own name, submit more than one bid for the same lot, regardless of whether he/she is bidding on an individual basis or jointly with others. The failure to comply with this prohibition will automatically result in the rejection of all bids submitted by said person.

The submission of bids constitutes unconditional acceptance of the total content of the clauses and annexes to these Terms and Conditions without exception whatsoever.

NINTH.- FORM AND CONTENT OF BIDS



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To take part in the auction, the interested parties shall submit a document, in accordance with the model set out in Annex IV to these Terms and Conditions, which shall include the date and time of entry in the relevant register.

This document shall be accompanied by two (2) separate envelopes, sealed and signed by the bidder, or the person acting as his/her representative, and the following must be written on the outside of each envelope:

- The name of the procedure and docket number:

“DISPOSAL AND LEASEBACK OF REAL PROPERTIES OWNED BY COMUNIDAD DE MADRID THROUGH ELECTRONIC AUCTION - DOCKET NO. E-02/2014”

- Bidder's full name, or company name, and relevant national identity card number (D.N.I.) or fiscal identification number (N.I.F.).

- Number and name of each envelope:

ENVELOPE No. 1.- ADMINISTRATIVE DOCUMENTATION

ENVELOPE No. 2.- BID

In case of bidding for several lots, a separate bid shall be made for each lot in a separate envelope.

- Number (per Annex I) of each lot on which a bid is being placed (E.g. LOT No. 1, LOT No. 2, etc.)

Each envelope shall contain, respectively, the following documentation:

ENVELOPE No. 1.- ADMINISTRATIVE DOCUMENTATION:

This envelope shall include the following documentation:

1) Evidence of the capacity to act

a) If the bidder is a natural person, he/she shall provide, as the case may be, a copy of the D.N.I. or equivalent legal document considered authentic under current legislation, or a copy certified by a duly authorised civil servant.

b) If the bidder is a legal person, the articles of incorporation or amendment thereof, if any, duly registered in the Company Register, shall be provided where applicable under the relevant commercial law. If not, the articles or instrument of incorporation, bylaws or founding charter containing the rules governing the activity shall be provided, duly registered, as the case may be, in the relevant Official Register, as well as the relevant Tax Identification Number (N.I.F.), all in original or copies considered authentic under current legislation, or copies


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certified by a duly authorised civil servant. These documents must state the exact legal status of the bidder at the time of submission of the bid.

The submission of the D.N.I. or N.I.F. may be replaced by an authorisation granted to the procedure management centre allowing electronic online consultation or verification, through ICDA (Interchange of Data between Administrations), under the terms provided in Annex VIII to these Terms and Conditions.

c) In the case of a legal person that is not Spanish nor a national from a European Union Member State nor from a signatory country to the Agreement on the European Economic Area, the capacity to act shall be evidenced by its inclusion in the relevant Register in accordance with the law of the State in which it is established, or by submission of an affidavit or certificate in the term laid out in the General Rules of the Public Administration Contracts Act, approved by Royal Decree 1098/2001 of 12 October in accordance with the applicable Community provisions.

In the case of a foreign legal person not included in the previous paragraph, the capacity to act shall be evidenced by report issued by the Permanent Diplomatic Mission or Consular Office of Spain where the company is registered, prior accreditation by the company, attesting to its inclusion in the local professional, commercial or similar Register, or, alternatively, that it habitually engages in local business within the scope of activities object of the contract.

2) Verification of powers

Any person submitting or signing bids on behalf of another person, or representing a legal person, must also provide a document, such as a power of attorney, duly certified by an Attorney of the Legal Services of Comunidad de Madrid, all in original or certified copy. A certified photocopy of the D.N.I. of the person given the power of attorney or representation must also be submitted. Where the documentary proof of representation grants permanent delegation of powers, it should be recorded in the Company Register.

The submission of the D.N.I. may be replaced by an authorisation granted to the procedure management centre allowing electronic online consultation or verification, through ICDA (Interchange of Data between Administrations), under the terms provided in Annex VIII to these Terms and Conditions.

This means that, pursuant to the Public Fees and Prices Act of Comunidad de Madrid, revised text approved by Legislative Decree 1/2002 of 24 October, the request for verification of powers is subject to a fee which must be reverse charged at the time of its submission, without which the administrative procedure cannot be initiated, as set forth in Order 98/2002 of the Regional Ministry of the Presidency of 29 January, approving the standards for management, assessment


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and collection of the document verification fee.

3) Guarantee.

Proof must be provided that a guarantee has been lodged in accordance with the conditions and requirements provided for in Clause 5 of these Terms and Conditions.

Proof shall be provided for each lot on which a bid is to be placed.

4) Affidavit

In accordance with the model provided in Annex VII, the bidder shall submit an affidavit declaring that he/she is not affected by any of the circumstances specified in Clause 4 of these Terms and Conditions.

5) Contact details for electronic auction

To participate in an electronic auction, the contact person's details must be provided in Annex IX in order to assign a password to access the Electronic Auction Platform, including a direct phone line and an e-mail address where the invitation to participate will be sent.

6) Jurisdiction of foreign bidders

A statement consenting to the jurisdiction of the Spanish courts of different levels for all claims that directly or indirectly may arise under the contract, expressly waiving, where relevant, the bidder's right to any other jurisdiction.

7) Joint bid

Where several bidders place jointly a bid, each and everyone of them shall submit the documents required herein, in addition to a written Co-ownership Purchase Undertaking Agreement for leasing back the property to Comunidad de Madrid, indicating: the names and circumstances of all parties, each party's share in the co-ownership, and the name of the representative or sole proxy with the power to exercise the rights and fulfil the obligations arising from the sale and leaseback. Said document must be signed by the bidders who jointly place the bid, or their representatives, if any.

8) These Terms and Conditions must be duly signed on all the pages and a seal shall be affixed to the last page.


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ENVELOPE NO. 2.- BID:

The bid, which shall be drawn up according to the model provided in Annex V to these Terms and Conditions, is binding.

Bids with omissions, amendments or errors that impede clear understanding by the Administration of the points considered fundamental in assessing the bid shall not be accepted.

In case of discrepancy between the amounts expressed in words and figures, the amount expressed in words shall prevail, unless the bid documents otherwise indicate.

TENTH.- BIDS AND AWARDS COMMITTEE

The Bids and Awards Committee shall consist of the following members:

- President:

o Director General for Financial Policy, Treasury and State Assets of Comunidad de Madrid, or Deputy Director General for State Assets.

- Members:

o An Attorney of the Legal Service of the Regional Ministry of Economy and Finance.

o A Deputy Comptroller of the Regional Ministry of Economy and Finance.

o An Official of the Subdirectorate-General for State Assets.


- Secretary:


ELEVENTH.- ELECTRONIC MEDIA

Electronic notifications may be conducted with stakeholders registered on the Electronic Notifications Service of Comunidad de Madrid, who have requested to be notified, or accept this method of notification, provided an explicit statement is submitted in this regard, in accordance with the model set out in Annex VIII to these Terms and Conditions.

TWELFTH.- CONSTITUTION OF THE BIDS AND AWARDS COMMITTEE, ASSESSMENT OF DOCUMENTATION, OPENING OF BIDS, ELECTRONIC AUCTION AND AWARD PROPOSAL

1) Constitution of the Bids and Awards Committee and assessment of administrative documentation.

After the bid submission deadline has elapsed, and once the bids sent by mail have been


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received, or after expiry of the period of ten days without evidence that bids have been received, the Bids and Awards Committee shall be constituted to open the envelopes containing the administrative documents (Envelope No. 1) for assessment.

If there are faults and/or omissions in the documentation submitted by the bidders, this circumstance shall be notified, allowing a period not exceeding five calendar days to correct or remedy the problem, or to provide clarification or additional documents to the Procurement Committee.

Such notification shall be made by fax, or electronically, if so requested pursuant to Clause 11. Moreover, the faults and/or omissions remediable shall be posted on the electronic bulletin board, which may be accessed through the Public Procurement Portal of Comunidad de Madrid (http://www.madrid.org/contratospublicos).

Proceedings shall be reflected in the Minutes that must necessarily be kept.

Following the assessment of the documentation and after the necessary corrections have been made, where appropriate, the Bids and Awards Committee shall announce the bids that have been accepted or rejected, and the reasons for their rejection. These circumstances shall be notified to the bidders in the public opening of the bids.

2) Public opening of bids

The public opening of bids shall take place at the place, date and time indicated in the call, in the order provided for in Annex I, and according to the number assigned to each lot in the auction.

This public event will begin with the announcement of accepted and rejected bidders, and then proceed to the opening of the envelopes containing the bids. All bids below the reserve price shall be excluded.

Minutes shall be taken of above proceedings, signed by the Chairperson and Secretary of the Bids and Awards Committee.

If there are no bidders or all bids are unresponsive or otherwise unacceptable, the Bids and Awards Committee shall record these circumstances in the Minutes, and propose to the competent body that the auction be declared null and void.

3) Electronic auction

There being an adequate turnout, the Bids and Awards Committee shall simultaneously invite all bidders who have made an admissible bid to participate in the electronic auction using the e-mail address indicated in the administrative documentation (envelope no. 1) for that purpose. The electronic auction shall comply with the following instructions:



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- Electronic auction device:

The invited bidders may access the electronic auction platform on the following web address (URL): https://subastaselectronicas.madrid.org, using the password provided.

The platform may also be accessed through the Public Procurement Portal - Contractor's Profile - electronic auction site (http://www.madrid.org/contratospublicos).

To participate in the auction, bidders must include in Envelope No. 1 (Annex IX) -administrative documentation- an e-mail address where the invitation may be sent and details of the contact person to whom a username and a password will be assigned to access the Electronic Auction Platform.

-Technical connection specifications:

The electronic auction will take place through Comunidad de Madrid's Electronic Auction Platform. To ensure adequate and comprehensible development of the process, the Bids and Awards Committee will have the necessary technical assistance, means and equipment. You will need a computer with Internet access to participate.

The bidder is responsible for carrying out the necessary technical checks prior to the beginning of the electronic auction to ensure the proper functioning of his/her browser and Internet access.

The minimum technical requirements to participate in the electronic auction are:

• Computer with Internet connection (1 MB recommended)

• Operating system: We recommend using: Microsoft Windows XP,

Microsoft Vista, or Microsoft Windows 7 (Linux and Mac OS are not optimised)

• Web Browser: We recommend using Internet Explorer 7 or 8, or Mozilla

• Firefox 3.x

• Java: 1.6 or higher

The Regional Ministry of Economy and Finance shall not be liable for technical problems caused by faulty configuration of the bidder's computer problems in the

https://subastaselectronicas.madrid.org



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bidder's Internet connection or security configuration or other technical problems related to the electronic auction platform.

- Quantifiable items of the bid under auction:

The only item that will need to change during the Electronic Auction is the sale price of each lot.

- Information available to bidders during the auction and at the time it will be provided:

It is imperative that the bidders make sure their initial bid for each lot under electronic auction matches the bid submitted in the relevant envelope. The starting bid placed on each lot cannot be less than said bid; if this requirement is not met, the system will reject the bidder's attempt to place a bid or the auction administrator may delete it.

From the beginning, the system will automatically indicate the position of the bidder at the auction, and the highest bid placed on each lot under auction.

From then on, that number will be automatically updated whenever the bidder or other bidders place a new bid.

- Auction process:

The auction will take place through the Comunidad de Madrid Auction Portal at:

https://subastaselectronicas.madrid.org/

The username and password to access the e-auction platform will be sent to the contact person. It should be noted that only one (1) user may access the electronic auction using the username and password provided by the Regional Ministry of Economy and Finance.

Bidders must report any technical problems encountered during the e-auction to the telephone indicated below.

If any technical problem in the platform affects one or more bidders, the auction administrator may interrupt and restart the auction or extend the duration of the auction, sending an alert. All messages will be sent using the electronic auction platform and will be simultaneously viewed by all bidders.

If anything unusual is noticed by the Regional Ministry of Economy and Finance in any of the bids that make the bid(s) inadmissible and/or prevent the auction from continuing, the auction may be suspended for only as long as required to contact the bidder via message on the Platform and solve the problem(s).

https://subastaselectronicas.madrid.org/


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Bidders must be available throughout the auction at the telephone provided to the Regional Ministry of Economy and Finance to validate and/or verify the proper development of the auction. The telephone numbers provided by the bidder in his/her user area on the platform will be used. It is important to provide a direct phone number (E.g. mobile phone) to ensure the bidder may be contacted as soon as possible.

If a technical problem occurs during the auction, in addition to the platform messages, the following phone number may be used:

+34 91 787 02 25

The auction will be a "direct" or (English) auction, i.e. a bidder cannot submit a bid lower than the bid previously entered for each lot. The winner of each lot under auction will be the highest bidder.

The electronic auction shall consist of two stages:

STAGE I.- Active: Limited to 20 minutes during which the bidders will place their bids in accordance with the process explained above.

STAGE II.- Extensions: If a valid bid is placed within the last 3 minutes before the close of the auction of any lot (i.e. in compliance with all the specifications of these terms and conditions), the system will extend the e-auction 3 minutes to allow other bidders to bid on all lots.

Although the number of extensions is unlimited, the principle of consolidation in a single act organised by the relevant body must be adhered. Therefore, the deadline for the auction will be at the end of the day (12:00 AM -midnight) the auction begins. If the auction has not concluded at that time, it shall be suspended and held at a later date. This new stage shall start in exactly the same manner and with the same amounts reached prior to the suspension.

All of which would suggest that the total duration of the electronic auction will likely exceed the initial estimated time. Bidders shall be responsible for remaining connected to the platform during the auction.

The Regional Ministry of Economy and Finance is not liable if a bidder decides to leave temporarily the electronic auction and, therefore, is unable to place a bid or if the electronic auction ends when a bidder is offline.

It should be noted that if the bid is placed in the last minute and is not valid, the system will reject the bid and the bidder may find him/herself without time to place a new valid bid before the auction closes.


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The auction will close after 3 minutes have lapsed without any new bids that meet the requirements set out above for any lot.

To ensure proper operation of the platform and understanding of the rules by the bidders, platform managers shall contact all bidders prior to the electronic auction to instruct them on how to participate effectively in the auction and/or address possible problems, if any.

- Terms and minimum bid improvement:

Bidders shall enter the amount of their bid, excluding taxes, for each lot under auction.

The minimum bid shall be as follows:

o Lot No. 1: € 10,000

o Lot No. 2: € 3,500

o Lot No. 3: € 8,000

o Lot No. 4: € 5,000

Bids below the current highest bid will be rejected. Bids of the same amount are not allowed in the electronic auction phase. Bids equal to or less than the highest bid shall be rejected.

- Confirmation of the last bid:

The bidder with the highest bid must confirm in writing his/her last bid. The bidder or his/her representative shall confirm the bid using the model form provided in Annex X to these Terms and Conditions. The confirmation must be submitted within two calendar days after receiving the request from the Directorate General for Financial Policy, Treasury and State Assets.

4) Award proposal.

Following the close of the electronic auction and confirmation of the last bid by the successful bidder, the Bids and Awards Committee will present the award proposal. Said proposal does not create any rights in favour of the proposed successful bidder until the property is awarded by agreement of the competent body.

THIRTEENTH.- RELEASE OF THE GUARANTEE

Immediately after the electronic auction has ended, the Secretary of the Bids and Awards


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Committee shall order the release of guarantees pledged as security to all unsuccessful bidders.

The guarantee of the successful bidder shall be returned upon execution of the sale and leaseback contract.

CHAPTER III. AWARD AND EXECUTION

FOURTEENTH.- AWARDING.

Within fifteen working days of the bid opening or, where appropriate, the presentation of the written confirmation of the last bid, the Regional Minister of Economy and Finance shall award the bid to the highest bidder by means of a bid award agreement, indicating the auction date, the date on which the auction was published on the Official Journal of Comunidad de Madrid, the lot awarded, the name and address of the successful bidder and the award price of the lot.

If the successful bidder waives his/her right to the successful bid or does not fulfil his/her obligations, the bank guarantee shall be enforced, without prejudice to any compensation for damages and losses that may result. In both cases, the bid may be awarded to the second highest bidder, subject to his/her acceptance.

Prior to entering into the award agreement, the sale and leaseback may be declared null and void if the award, as proposed, is deemed detrimental to the public interest, or, if for incidental reasons, the property is deemed necessary for public purposes.

If not acceptable bids are placed, the auction will be declared void by the Regional Minister of Economy and Finance. In that case, three additional successive auctions may be conducted for the same lot, with the same reserve price as the previous auction, which may be reduced by fifteen percent. The competent authority may also provide for the direct disposal of the properties object of the auction, in conditions not inferior to those set forth in these Terms and Conditions.

FIFTEENTH.- NOTICE OF AWARD

The decision on award shall be notified to the bidders and posted on the contractor's profile.

The notice to the successful bidder shall indicate:

- The total sum payable by the successful bidder as closing price of auction, as well as the time and manner of such payment.

- Advertising expenses, as well as the time and manner of such payment.


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- The successful bidder, or his/her representative, shall appear at the place, date and time indicated for the completion of the sale and leaseback, warning them that failure to do so will forfeit their right, with loss of the guarantee, and without prejudice to any compensation that Comunidad de Madrid may claim for damages or losses arising from ineffectiveness of the award.

If, within fifteen working days from the opening of bids, there is no notice of award, the bidders who so desire may, at any time, request in writing the withdrawal of the bid.

SIXTEENTH.- EXECUTION AND PAYMENT OF PRICE

The award will be made official by public deed of sale and lease contract. The latter shall be made out according to the model provided in Annex III, which shall be placed in the public record.

Execution will take place within one month from the day following the notice of award, and after payment of advertising expenses.

To this end, the successful bidder must appear before the notary appointed by Comunidad de Madrid, as provided in Art. 127 of the Notarial Regulations approved by Royal Decree 45/2007 of November 19, at the date and time to be specified in the notice of award, in order to execute the sale and leaseback of the relevant property, and pay the bid price, by bank check payable to Comunidad de Madridii.

If the successful bidder fails to appear to the signing of the deed of sale and leaseback, despite being duly summoned, it shall be understood that he/she has withdrawn from the bid, forfeiting any and all rights, and the bank guarantee shall be enforced in favour of Comunidad de Madrid.

SEVENTEENTH.- EXPENSES

All expenses incurred in the execution of the public deed and copies, registration and processing by the Property Register, applicable taxes and other levies, as well as any and all other expenses, duly justified, related to the procedure shall be borne by the successful bidder, specifying such expenses in the relevant public deed.

Excluded from the above is the tax on increase in urban land value, which Comunidad de Madrid is exempted from paying, pursuant to Article 105.2.a) of Royal Legislative Decree 2/2004 of 5 March, approving the revised text of the Local Revenue Authorities Act.

ii ) As laid down by Regional Ministry of Finance Order of 18 February 2005 whereby the means of payment for the management of the General Treasury of Comunidad de Madrid are regulated, “Third party cheques payable to the General Treasury of Comunidad de Madrid shall comply with the relevant requirements of commercial law, and (1) should be in euros and made payable to the General Treasury of Comunidad de Madrid; (2) should be guaranteed or certified by the credit institution on which it is drawn, in good time and in an appropriate manner; and, (3) the credit institution paying the cheque must be domiciled in Spain and registered in the Official Register of credit Institutions of the Bank of Spain”.


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Furthermore, any and all expenses incurred for advertising this bid in the Official Journal and other media shall be allocated proportionately to the number of lots awarded to the successful bidder, and must be paid before the execution of the deed. The approximate amount for advertising in the Official Journal of Comunidad de Madrid is € 3,000. The exact amount, as well as the manner and time of payment, shall be stated in the notice of award.

EIGHTEENTH.- COMPETENT COURTS

The contentious-administrative courts shall have jurisdiction to resolve disputes between the parties as regards preparation and awarding of contracts, and the civil courts shall be competent as regards its effects and termination.

Pursuant to Article 15 and Additional Provision Four of the Law 52/1997 of November 27, and, in particular, the Additional Provision One of the Law 3/1999 of March 30, the Courts located in Madrid shall be competent upon any issue relating to the interpretation and application of this contract.

Madrid (date) DEPUTY DIRECTOR GENERAL FOR STATE ASSETS THE BIDDER

Signature: Isabel Serrano González. Signature:


Comunidad de Madrid Annex I

Terms and Conditions for disposal and leaseback of real property assets through electronic auction. Docket No. E-02/2014


ANNEX I

LOTS FOR AUCTION:

Lot No. 1

Physical Location: Calle Alcalá 1, Madrid (Madrid).

Registry information: Madrid Property Register No. 28, Property No. 8960, Volume 2690, Book 18, Page 174, Entry 2.

Cadastral reference: 0545206VK4704F0001RE

General Inventory of Property Assets and Rights of Comunidad de Madrid: Reference No. 727.

Liens and Encumbrances: Easement of light and views as provided in the registry entries.

Rental/possessory status: Occupied by Comunidad de Madrid. Office of the General Comptroller of Comunidad de Madrid under the Regional Ministry of Economy and Finance.

Bid price: Ten million seven hundred thousand euros (€ 10,700,000)

Terms and conditions of the lease to be entered with Comunidad de Madrid: As provided in the model contract specified in Annex III-Lot 1 of these Terms and Conditions.

- Monthly rent: € 59,009.31, excluding VAT

- Duration: Two years, with the possibility of extending the contract up to a maximum of three (3) one-year periods, provided neither party states their intention to terminate the lease, at least one year in advance of the date of termination of the contract period or, where appropriate, the date of termination of the extension. The total lease time, including extensions, shall not exceed five (5) years.

Lot No. 2

Physical Location: Calle Miguel Ángel 28, Madrid (Cadastre: Calle García de Paredes 92)


Cadastral reference: 1565901VK4716F0001QK






Liens and Encumbrances: Free of liens and encumbrances.

Rental/possessory status: Occupied by Comunidad de Madrid. Head Office of the Directorate General for Civil Service of Comunidad de Madrid under the Regional Ministry of the Presidency, Justice and Government Spokesperson.

Bid price: Three million five hundred and twenty-seven thousand euros (€ 3,527,000)



- Duration: Two years, with the possibility of extending the contract up to a maximum of three (3) one-year periods, provided neither party states their intention to terminate the lease, at least one year in advance of the date of termination of the contract period or, where appropriate, the date of termination of the extension. The total lease time, including extensions, shall not exceed five (5) years.

Lot No. 3

Physical Location: Avenida de Madroños 29, Madrid.


Cadastral reference: 5386004VK4758E0001BD



Rental/possessory status: Occupied by the Accounts Chamber of Comunidad de Madrid.

Bid price: Seven million nine hundred and eighty thousand euros (€ 7,980,000)



- Duration: Two years, with the possibility of extending the contract up to a maximum of three (3) one-year periods, provided neither party states their





intention to terminate the lease, at least one year in advance of the date of termination of the contract period or, where appropriate, the date of termination of the extension. The total lease time, including extensions, shall not exceed five (5) years.

Lot No. 4

Physical Location: Calle Braganza s/n, Madrid.


Cadastral reference: 8909815VK3780H0001AL



Rental/possessory status: Occupied by Comunidad de Madrid. Housing Office attached to the Regional Ministry of Transport, Infrastructure and Housing.

Bid price: Four million eight hundred and eighty thousand euros (€ 4,880,000)


- Monthly rent: € 19,893.68, excluding VAT.

- Duration: Fifteen years.


Comunidad de Madrid Annex II



ANNEX II

SALE CONDITIONS

FIRST.- OBJECT

The properties are sold ad-corpus, in whatever physical, construction, maintenance, conservation, legal, urban, administrative and possessory state it presently is, which the buyer acknowledges and accepts.

No claim may be asserted for possible variations which may occur in both surface area of the building and building volume because of current ordinances, or due to geological, topographical or similar conditions that could increase the cost of construction. This should not be construed, therefore, as grounds for challenging or repealing the award.

The fixed assets, equipment, machinery or facilities currently located in the real property are not subject to sale.

The properties are free of liens and encumbrances, notwithstanding outstanding tax exposures, census and easements.

The properties are currently possessed by Comunidad de Madrid in its capacity as owner:

- Lot No. 1. Calle Alcalá 1, Madrid. Regional Ministry of Economy and Finance. Office

of the General Comptroller of Comunidad de Madrid.

- Lot No. 2. Calle Miguel Ángel 28, Madrid. Regional Ministry of the Presidency,

Justice and Government Spokesperson. Office of the Directorate General for Civil

Service.

- Lot No. 3. Avenida de Madroños 29, Madrid. Accounts Chamber of Comunidad de

Madrid.

- Lot No. 4. Calle Braganza s/n. Regional Ministry of Transport, Infrastructures and

Housing.

The buyer knows and accepts this possession by Comunidad de Madrid who, from the

date of execution of the sale and leaseback, will be the lessee of said properties.

SECOND.- PRICE

The purchase price of each property shall be the highest bid as provided in Clauses 6 and


Comunidad de Madrid Annex II



12 of these Terms and Conditions.

Under no circumstances shall the price be deemed to include any taxes, duties or other amounts payable by the successful bidder according to these Terms and Conditions, or other applicable regulations.

Payment shall be made in the manner indicated in Clause 16 of these Terms and Conditions.

THIRD.- PROPERTY TAXES AND EXPENSES

At the time of execution of the sale, Comunidad de Madrid undertakes to be current on all expenses and taxes related to the property.

In any case, all expenses generated prior to the execution shall be borne and paid by Comunidad de Madrid, while subsequent expenses shall be on account of the buyer.

The property tax for 2014 shall be jointly paid by Comunidad de Madrid and the buyer, calculated in proportion to the time each party has been the titleholder of the property being sold during the relevant tax period. To this end, once Comunidad de Madrid has paid the validated amount, it shall pass on the relevant proportion of the amount to the buyer.


Comunidad de Madrid Annex III-LOT 1

Terms and Conditions for Disposal and Leaseback of Real Property Assets through Electronic Auction - Docket No. E-02/2014


Annex III-LOT 1

LEASE OF A PROPERTY LOCATED AT CALLE ALCALÁ 1 (MADRID) FOR NON-RESIDENTIAL USE.

ON ONE HAND, the Lessor, …………..

ON THE OTHER, the Lessee, COMUNIDAD DE MADRID, C.I.F. No. S-7800001-E, headquartered in Madrid, Calle Santa Catalina 6, represented by Ms. Isabel Serrano Gonzalez, Deputy Director of Legal Matters and State Assets Management, acting on their behalf, according to Resolution of 4 April 2013 of the General Technical Secretary of the Regional Ministry of Economy and Finance (OJCM of 19 April 2013), and Order of 22 December 2010 of the Regional Ministry of Economy and Finances by which the rights to represent the Comunidad de Madrid in the execution of documents and public deeds relating to legal transactions in state assets is granted (OJCM de 3 February 2011).

Both parties, within the scope of their powers of representation, mutually acknowledge their respective legal capacity to execute this document, and to that end,

WITNESSETH

I.- That the Cabinet Agreement of Comunidad de Madrid of (date) authorised the disposal and leaseback of the property located at Calle Alcalá 1 (Madrid) to Comunidad de Madrid, through an electronic auction called by Resolution of the Director General for Financial Policy, Treasury and State Assets of (date), announced in the Official Journal of Comunidad de Madrid on (date), pursuant to the requirements set out in the Terms and Conditions approved by the Order of the Director General for Financial Policy, Treasury and State Assets of (date)

Pursuant to the Order of the Regional Minister of Economy and Finance of (date), the sale and leaseback of the property referred to in the previous paragraph has been awarded to (name).

This property is registered as Property No. 8960 in Madrid Property Register No. 28, Volume 2690, Book 18, Page 174, Entry 2.

The cadastral reference is 0545206VK4704F0001RE

II.- That, (name) (successful bidder) owns the aforementioned property and holds





the public deed of sale issued on this day by Mr. (name), Notary of the Official Association of Notaries of Madrid….., , pending registration in the Property Register.

III.- That, by means of the present contract, which shall be placed on this day on the public record by Mr. (name), Notary of the Official Association of Notaries of Madrid….., , the property located at Calle Alcalá 1 (Madrid) is formally leased, subject to the following

TERMS AND CONDITIONS

FIRST.- Applicable Legislation.

This lease contract is executed pursuant to the provisions of the 1994 Urban Lease Act in force (Law 29/1994 of 24 November published in B.O.E. No. 282 of 11/25/94) and shall, must and will be subject to the provisions of Title I (Arts. 1 to 5), and Title IV (Art. 36 and 37) thereof. Moreover,, this being a lease contract for non-residential use, it is governed by the will of the parties expressed in the contract; failing that, by the provisions of Title III (Art. 29 to 35) of the Law referred to above, the application of which cannot be expressly excluded, and additionally, by the provisions of the Civil Code.

SECOND.- Object

…………………….. (Successful bidder), as Lessor, rents by lease to the Comunidad de Madrid, as Lessee, the property described in Recital I of this document, for use by the Office of the General Comptroller of the Comunidad de Madrid under the Regional Ministry of Economy and Finance.

The object of this contract is leased ad-corpus, in whatever physical, construction, maintenance, conservation, legal, urban, administrative and possessory state it presently is, which the Lessee acknowledges and accepts, as it has been occupied by the Lessee prior to the signing of this contract.

The Lessor expressly authorises the Lessee the use of the property by any other Regional Ministry, Agency, Company, Public Body or Institution of Comunidad de Madrid. The Lessee is hereby also authorised to modify all or part of the initial ascription of the property to any of the organisations or entities mentioned above, and such modification may not be construed as transfer or sublease.

THIRD.- Duration of the lease.

This contract takes effect on this day and is valid for a period of two years.

At expiration of the lease, the contract will be automatically extended for additional one-year periods, if neither party notifies the other, at least 1 year in advance of intent not to renew at termination of contractual period, or, where appropriate, at





termination of the relevant extension.

The total duration of this lease, including extensions, shall not exceed five (5) years.

Once the lease has expired or has been terminated, the parties shall jointly and reciprocally return and receive the keys. Without prejudice to the works carried out under the provisions set out in the eighth condition of said contract, the Lessee is obliged to return the leased object in good state of repair.

FOURTH.- Rent and its revision.

The monthly rent shall be FIFTY-NINE THOUSAND NINE EUROS AND THIRTY ONE CENTS, VAT not included, (€ 59,009.31, VAT not included), enforceable from September 1, 2014 (if the lease is signed before that date)/ from today (if the lease is signed at a later date), as appropriate. In the latter case, the rent shall be apportioned according to the number of days that Comunidad de Madrid has been the Lessee during the month.

The rent is payable on the first day of each month, and must be paid within the month by the Lessee to the Lessor by bank transfer to the current account whose customer account code is: .......... (to be provided by the Lessor).

To this end, the Lessor shall send the Lessee, in the first five days of each month, an invoice in accordance with relevant legal requirements.

If the Lessee ascribes the use of the property to two or more Regional Ministries/Bodies/Entities of Comunidad de Madrid, using the authorisation provided for in paragraph 3, second condition of this contract, the Lessor shall send to each entity an invoice with the proportional share of the rent, based on the surface area being rented.

FIFTH.- Revision of the rent

The rent will be updated on the first of January of each year, on the date on which the original contract came into force, applying the percentile variation in the National General Index of the Consumer Price Index System, over the twelve months of the past calendar year, to the rent of the previous annual period, taking as reference the Index value of the two months prior to the date of update.

Updates shall be cumulative, using the rent to be paid in the month prior to each update as the basis.

The agreed revision shall be automatically applied by the Lessor on the scheduled





date, without prior formal notice to the Lessee.

SIXTH.- Expenses and taxes

As regards expenses, services and supplies for the leased property, including own supplies, water, electricity, security, cleaning and other similar items, not included in the lease price, the Lessee will pay the suppliers or utility companies directly.

All taxes, duties, contributions, levies and other charges levied on the property during the term of this contract shall be borne by the Lessor. The lease expressly specifies that the property tax shall be borne by the Lessor.

The Lessee shall pay all duties, contributions, levies and taxes levied on the estate and, in particular, the urban waste management fee.

SEVENTH.- Value Added Tax.

This lease is subject to VAT, hence all amounts to be paid by the Lessee under this lease will be increased by VAT due thereon at the rate prevailing from time to time, pursuant to Article 78.2.4 of the Value Added Tax Law 37/1992 of 28 December.

EIGHTH.- Construction and refurbishment work on premises.

Articles 21 and 26 of Urban Lease Act 29/1994 of 24 November shall apply to maintenance works.

It shall be the duty of the Lessee to keep the property in good repair and to make all repairs due to normal wear and tear at their expense. Furthermore, it is the responsibility of the Lessee to maintain in good repair the systems and equipment for the production of heat, cold and electricity, as well as the electric lifts, firefighting systems and voice and data networks.

The Lessor is responsible for all repairs needed to maintain the leased property in the state for which it was intended. In particular, those that affect the building's structure and the sewer envelope. As for the heating/cooling systems and lifts, the Lessor shall bear the replacement costs when repair is not possible. The Lessor's obligation ends when the repair can be attributed to the Lessee.

The Lessee is authorised to execute, throughout the entire lease period, any and all works as he/she deems fit, at his/her own risk, to adapt and equip the property, provided the structure or the safety of the facility is not thereby compromised. Such works shall be brought to the attention of the Lessor, to enable verification of compliance with all conditions set forth above. All improvements made to the property shall be surrendered to the owner of the property upon termination of the lease, notwithstanding





that the Lessee may remove, without any loss to the Lessor, the movable elements intended for its own activity, and restitute the leased object in good repair.

As regards improvement works, Articles 19 and 22 of the Urban Lease Act 29/1994 of 24 November shall apply.

NINTH.- Right of Inspection

The Lessee shall authorise and facilitate access to the property to both the Lessor's representatives, and any person appointed by them, to inspect the services and maintenance status of the property. When work is undertaken in the building, and there is a need, or is considered desirable, to access the leased property or premises, the Lessee is obliged to allow access, during regular business hours, to any person in charge of reviewing or executing the works.

TENTH.- Licenses.

The Lessee has the duty to obtain any and all licenses and permits required to open and use the leased property for the agreed purpose, and the Lessor shall not be liable for the refusal of the competent Bodies to grant such licenses and authorisation, save for the licences and permits required for works undertaken by the Lessor.

ELEVENTH.- Security

As provided in Article 36.6 of the Urban Lease Act 29/1994 of 24 November, the Lessee is exonerated from his/her obligation to provide a security.

TWELFTH.- Assignment, sublease and right of first refusal.

The leased properties may not be assigned or subleased, in whole or in part; hence, the provisions of Article 32 of the Urban Lease Act are excluded.

The Lessee waives his/her right of first refusal in case of sale or transfer of any title of the leased property; therefore, Article 25 of the Urban Lease Act, to which reference is made in Article 31 of the Urban Lease Act, is expressly excluded.

THIRTEENTH.- Address for notification.

For the purposes of any notification between the parties in connection with this lease, the Lessor designates the address given in the heading as his/her address of notification, and the Lessee's address shall be:

Consejería de Economía y Hacienda Secretaría General Técnica

Calle Albasanz 1, 28037. Madrid





In the event that any party changes his/her address, he/she shall notify the other party, and such change shall take effect at the time when it comes to their notice. Until that time, the address given in the previous paragraph shall be considered valid.

FOURTEENTH.- Annotation of the lease in the Property Register.

This lease shall be placed in the public record and registered in the Property Register.

All expenses incurred in the notarisation and registration of the Property in the Property Register shall be on account of the Lessor.

FIFTEENTH.- Data Protection.

Personal data contained in this contract are protected by Basic Law 15/1999 of 13 December, and subject to the implementation of security procedures related to the storage of information and adoption of any necessary measures to prevent the processing and disclosure of such data to third parties, even after the termination of the lease. Disclosure to third parties shall only be for the fulfilment of purposes that are directly related to the legitimate functions of both the assignor and the assignee with prior consent from the affected party, albeit such consent is not necessary in the cases provided for in Article 11 of the aforementioned Basic Law.

SIXTEENTH.- Jurisdiction

As provided in Article 15 and Additional Provision Four of Law 52/1997 of 27 November on Legal Counsel to the State and Public Institutions, and, in particular, Additional Provision One of Law 3/1999 of 30 March, on Regulation of Legal Services of Comunidad de Madrid, any and all disputes or discrepancies arising from this contract, shall be within the jurisdiction of the Courts of the city of Madrid.

In witness whereof, both parties sign this contract in two counterparts and to a single effect in the place and on the date first aforementioned.





THE LESSOR THE LESSEE





Annex III-LOT 2

LEASE OF A PROPERTY SITED IN CALLE MIGUEL ANGEL 28 (MADRID) FOR NON-RESIDENTIAL USE.

On one hand, the Lessor, …………..

AND ON THE OTHER, the Lessee, COMUNIDAD DE MADRID, C.I.F. No. S-7800001-E, headquartered in Madrid, Calle Santa Catalina 6, represented by Ms. Isabel Serrano Gonzalez, Deputy Director of Legal Matters and State Assets Management, acting on their behalf, according to Resolution of 4 April 2013 of the General Technical Secretary of the Regional Ministry of Economy and Finance (OJCM of 19 April 2013), and Order of 22 December 2010 of the Regional Ministry of Economy and Finances by which the rights to represent the Comunidad de Madrid in the execution of documents and public deeds relating to legal transactions in state assets is granted (OJCM de 3 February 2011).


WITNESSETH

I.- That the Cabinet Agreement of Comunidad de Madrid of (date) authorised the disposal and leaseback of the property located at Calle Miguel Angel 28 (Cadastre Calle Garcia de Paredes 92) (Madrid) to Comunidad de Madrid, through an electronic auction called by Resolution of the Director General for Financial Policy, Treasury and State Assets of (date), announced in the Official Journal of Comunidad de Madrid on (date), pursuant to the requirements set out in the Terms and Conditions approved by the Order of the Director General for Financial Policy, Treasury and State Assets of (date).



The cadastral reference is 15665901VK4716F0001QK







III.- That, by means of the present contract, which shall be placed on this day on the public record by Mr. (name), Notary of the Official Association of Notaries of Madrid….., , the property located at Calle Miguel Angel 28 (Madrid) is formally leased, subject to the following




SECOND.- Object

…………………….. (Successful bidder), as Lessor, rents by lease to the Comunidad de Madrid, as Lessee, the property described in Recital I of this document, for use by the Directorate General for Civil Service of the Comunidad de Madrid under the Regional Ministry of the Presidency, Justice and Government Spokesperson.





At expiration of the lease, the contract will be automatically extended for additional one-year periods, if neither party notifies the other, at least 1 year in advance of intent not to renew at termination of contractual period, or, where appropriate, at





termination of the relevant extension.




The monthly rent shall be TWENTY-ONE THOUSAND FIVE HUNDRED TWENTY-NINE EUROS AND EIGHTY CENTS, VAT not included, (€ 21,529.80, VAT not included), enforceable from September 1, 2014 (if the lease is signed before that date)/ from today (if the lease is signed at a later date), as appropriate. In the latter case, the rent shall be apportioned according to the number of days that Comunidad de Madrid has been the Lessee during the month.

The rent is payable on the first day of each month, and must be paid within the month by the Lessee to the Lessor by bank transfer to the current account whose customer account code is: .......... (to be provided by the Lessor).






The agreed revision shall be automatically applied by the Lessor on the scheduled date, without prior formal notice to the Lessee.















The Lessee is authorised to execute, throughout the entire lease period, any and all works as he/she deems fit, at his/her own risk, to adapt and equip the property, provided the structure or the safety of the facility is not thereby compromised. Such works shall be brought to the attention of the Lessor, to enable verification of compliance with all conditions set forth above. All improvements made to the property shall be surrendered to the owner of the property upon termination of the lease, notwithstanding that the Lessee may remove, without any loss to the Lessor, the movable elements intended for its own activity, and restitute the leased object in good repair.








TENTH.- Licenses.


ELEVENTH.- Security

As provided in article 36.6 of the Urban Lease Act 29/1994 of 24 November, the Lessee is exonerated from his/her obligation to provide a security.






Consejería de Presidencia, Justicia y Portavocía del Gobierno Secretaría General Técnica

Calle Pontejos 3, 28012. Madrid


FOURTEENTH Annotation of the lease in the Property Register.








Personal data contained in this contract are protected by Basic Law 15/1999 of 13 December, and subject to the implementation of security procedures related to the storage of information and adoption of any necessary measures to prevent the processing and disclosure of such data to third parties, even after the termination of the lease. Disclosure to third parties shall only be for the fulfilment of purposes that are directly related to the legitimate functions of both the assignor and the assignee with prior consent from the affected party, albeit such consent is not necessary in the cases provided for Article 11 of the aforementioned Basic Law.

SIXTEENTH Jurisdiction












Annex III-LOT 3

LEASE OF A PROPERTY LOCATED AT AVENIDA DE MADROÑOS 29 (MADRID) FOR NON-RESIDENTIAL USE.




WITNESSETH

I.- That the Cabinet Agreement of Comunidad de Madrid of (date) authorised the disposal and leaseback of the property located at Avenida de Madroños 29 (Madrid) to Comunidad de Madrid, through an electronic auction called by Resolution of the Director General for Financial Policy, Treasury and State Assets of (date), announced in the Official Journal of Comunidad de Madrid on (date), pursuant to the requirements set out in the Terms and Conditions approved by the Order of the Director General for Financial Policy, Treasury and State Assets of (date).



The cadastral reference is 5386004VK4758E0001BD







III.- That, by means of the present contract, which shall be placed on this day on the public record by Mr. (name), Notary of the Official Association of Notaries of Madrid….., , the property located at Avenida de Madroños 29 (Madrid) is formally leased, subject to the following




SECOND.- Object

…………………….. (Successful bidder), rents by lease to the Comunidad de Madrid, as Lessee, the property described in Recital I of this document, for use by the Accounts Chamber of the Comunidad de Madrid.





At expiration of the lease, the contract will be automatically extended for additional one-year periods, if neither party notifies the other, at least 1 year in advance of intent not to renew at termination of contractual period, or, where appropriate, at termination of the relevant extension.








The monthly rent shall be FORTY-FOUR THOUSAND EIGHT HUNDRED ELEVEN EUROS AND FOURTEEN CENTS, VAT not included, (€ 44,811.14, VAT not included), enforceable from September 1, 2014 (if the lease is signed before that date)/ from today (if the lease is signed at a later date), as appropriate. In the latter case, the rent shall be apportioned according to the number of days that Comunidad de Madrid has been the Lessee during the month.

The rent is payable on the first day of each month, and must be paid within said month by the Lessee to the Lessor by bank transfer to the current account whose customer account code is: .......... (to be provided by the Lessor).






The agreed revision shall be automatically applied by the Lessor on the scheduled date, without prior formal notice to the Lessee.















The Lessee is authorised to execute, throughout the entire lease period, any and all works as he/she deems fit, at his/her own risk, to adapt and equip the property, provided the structure or the safety of the facility is not thereby compromised. Such works shall be brought to the attention of the Lessor, to enable verification of compliance with all conditions set forth above. All improvements made to the property shall be surrendered to the owner of the property upon termination of the lease, notwithstanding that the Lessee may remove, without any loss to the Lessor, the movable elements intended for its own activity, and restitute the leased object in good repair.








TENTH.- Licenses.


ELEVENTH.- Security







Consejería de Economía y Hacienda Dirección General de Política Financiera, Tesorería y Patrimonio

Calle Santa Catalina 6, 3ª planta. 28014 Madrid























Annex III-LOT 4

LEASE OF A PROPERTY LOCATED AT CALLE BRAGANZA S/N (MADRID) FOR NON-RESIDENTIAL USE.




WITNESSETH

I.- That the Cabinet Agreement of Comunidad de Madrid of (date) authorised the disposal and leaseback of the property located at Calle Braganza s/n (Madrid) to Comunidad de Madrid, through an electronic auction called by Resolution of the Director General for Financial Policy, Treasury and State Assets of (date), announced in the Official Journal of Comunidad de Madrid on (date), pursuant to the requirements set out in the Terms and Conditions approved by the Order of the Director General for Financial Policy, Treasury and State Assets of (date).



The cadastral reference is 8909815VK3780H0001AL







III.- That, by means of the present contract, which shall be placed on this day on the public record by Mr. , Notary of the Official Association of Notaries of Madrid….., , the property sited at Calle Braganza s/n (Madrid) is formally leased, subject to the following




SECOND.- Object

…………………….. (Successful bidder), as Lessor, rents by lease to the Comunidad de Madrid, as Lessee, the property described in Recital I of this document, for use by the Housing Office of Comunidad de Madrid under the Regional Ministry of Transport, Infrastructure and Housing.




This contract takes effect on this day and is valid for a period of fifteen years.

The Lessee expressly recognises the essential and mandatory contractual period stipulated in this contract character.

If the contract is terminated before the full completion of the contract period due





to any reason attributable to the Lessee, or if the Lessee decides to discontinue the contract before its completion of said period, s/he shall indemnify the Lessor for an amount equal to all rents of the remaining duration of the contract. This amount shall be calculated on the basis of the rent in force at the time of termination.



The monthly rent shall be NINETEEN THOUSAND EIGHT HUNDRED AND NINETY-THREE EUROS AND SIXTY-EIGHT CENTS, VAT not included, (€ 19,893.68, VAT not included), enforceable from September 1, 2014 (if the lease is signed before that date)/ from today (if the lease is signed at a later date), as appropriate. In the latter case, the rent shall be apportioned according to the number of days that Comunidad de Madrid has been the Lessee during the month.

The rent is payable on the first day of each month, and must be paid within said month by the Lessee to the Lessor by bank transfer to the current account whose customer account code is: .......... (to be provided by the Lessor).






The agreed revision shall be automatically applied by the Lessor on the scheduled





date, without prior formal notice to the Lessee.











The Lessee is authorised to execute, throughout the entire lease period, any and all works as he/she deems fit, at his/her own risk, to adapt and equip the property, provided the structure or the safety of the facility is not thereby compromised. Such works shall be brought to the attention of the Lessor, to enable verification of compliance with all conditions set forth above. All improvements made to the property shall be surrendered to the owner of the property upon termination of the lease, notwithstanding





that the Lessee may remove, without any loss to the Lessor, the movable elements intended for its own activity, and restitute the leased object in good repair.




TENTH.- Licenses.


ELEVENTH.- Security







Consejería de Transportes, Infraestructuras y Vivienda Secretaría General Técnica





Calle Maudes 17, 28003. Madrid











Comunidad de Madrid ANNEX IV



ANNEX IV

MODEL APPLICATION FORM FOR PARTICIPATION IN THE AUCTION

Mr./Ms. ............................................................................................., with address in ....................... province of .........................., street ................................................................. number .......... and ID Card No. ............................. on his/her (own) behalf or on behalf of (the entity or person he/she represents)iii …………………………………………………………………… ,…………………………………………………..……………….., with C.I.F./N.I.F. .............................. and tax domicile at Street/Square/Avenue number ............, hereby declares his/her interest to participate in the bidding process for the disposal by sale and leaseback of property owned by Comunidad de Madrid, called by Resolution of the Director General for Financial Policy, Treasury and State Assets ....................., and published in the Official Journal of Comunidad de Madrid of (date)

For the purpose of notifications that may be required under Clause 12 of these Terms and Conditions, and provided the bidder has not chosen to be electronically notified, the following fax number shall be used ………….

In (city) …………………….. , (date) …………………………. 2014.

(Place, date, signature and stamp of bidder)

CHAIR OF THE BIDS AND AWARDS COMMITTEE FOR THE DISPOSAL OF REAL PROPERTIES OWNED BY COMUNIDAD DE MADRID

iii Leave in blank where not applicable.


Comunidad de Madrid ANNEX V



ANNEX V

MODEL BID FORM FOR REAL PROPERTY

Mr./Ms. ............................................................................................., with address in ....................... province of .............................., street ........................................................................ number .......... and ID Card No. ............................. on his/her (own) behalf or on behalf of (the entity or person he/she represents) iv…………………………………………………………………… , with C.I.F./N.I.F. .............................. and tax domicile in Street/Square/Avenue …………………………………………………..……………….., No. ............, having been informed about the notice published in the OJCM of (date), wish to submit a bid for real property Lot No. ......., owned by Comunidad de Madrid, for a total price of (in words and figures).................................................................... euros, taxes not included.

To that end, the undersigned hereby certifies:

- That, he/she knows the type of bidding and the Terms and Conditions of this public auction, the content of which he/she fully accepts.

- That, he/she fulfils all the conditions required to participate.

- That he/she knows and accepts the physical, construction, maintenance, conservation, legal, urban, administrative and possessory status of the property on which a bid is being placed.

- That, if he/she is chosen the successful bidder, the bid price shall be paid in full within the period provided in these Terms and Conditions, and he/she undertakes to appear before the Notary appointed by Comunidad de Madrid, on the day and at the time scheduled, for the execution of the deed of sale.

At (city), on (date) 2014.



iv Leave in blank where not applicable.


Comunidad de Madrid ANNEX VI



ANNEX VI

MODEL GUARANTEE

The Entity (name of the credit institution or mutual guarantee company)

...................................................................................., with Tax ID No. ..............................

and address (for notifications and requirements), located at Street/Square/Avenue

...................................................................... PC .................., and on its behalf (name of

Proxies) ..................... .............................................................., with sufficient powers to

bind the entity in this act, as a result of verification of the representation given at the end

of this document.

GUARANTEES

(Full name or company name of the guaranteed) ........................................

……………………………………….. , Tax ID No. ....................................., pursuant to the TERMS

AND CONDITIONS FOR THE DISPOSAL AND LEASEBACK OF REAL PROPERTY ASSETS

OWNED BY COMUNIDAD DE MADRID THROUGH ELECTRONIC AUCTION No. E-02/2014

[Lot No. ........] to meet the following obligations: to guarantee the bid submitted by the

bidder(s) until an award is made, as well as the successful bid until the public deed of sale

is executed by Comunidad de Madrid, in the amount of: (in words)

..................................................................... euros (in figures) € ………………………………….

The guarantor declares, under its own responsibility, that it complies with the provisions

of Article 56.2 of the General Regulation of the Public Contracts Act. This guarantee is

being made severally regarding the principal, with express waiver to the rights of

excussion, and payable on first demand by Comunidad de Madrid, subject to the terms

provided in the public procurement regulations, its implementing rules and in the

regulations governing the General Deposit Fund (Caja General de Depósitos).

This guarantee will remain in force until Comunidad de Madrid authorises its cancellation

or return.


Comunidad de Madrid ANNEX VI



This guarantee has been entered on this day in the Special Guarantees Register with the

No ……………………………………………..

……………………………………………………………………………(place and date)

……………………………………………………………( trade name of the entity)

……………………………………………………………..( Proxies' signatures

VERIFICATION OF LEGAL REPRESENTATION BY THE LEGAL SERVICE OF THE REGIONAL MINISTRY OF ECONOMY AND FINANCE OF COMUNIDAD DE MADRID.

PROVINCE DATE CODE


Comunidad de Madrid ANNEX VII



ANNEX VII

MODEL AFFIDAVIT DECLARING THAT THE BIDDER(S) IS NOT AFFECTED BY ANY OF THE CIRCUMSTANCES LIMITING HIS/HER CAPACITY TO CONTRACT, AND HAS NO OUTSTANDING DEBTS WITH COMUNIDAD DE MADRID IN ENFORCEMENT PERIOD

Mr./Ms. ............................................................, with D.N.I./N.I.E. No. …………..……… on his/her (own) behalf ....................... or on behalf (of the entity or person he/she represents)v ……………………..…………………, with Tax ID No. ..................., in his/her capacity as ...................................., in relation to Docket No E-02/2014

DECLARES:

I.- That, the aforementioned company is not affected by any of the circumstances referred to in Article 95.2 of Royal Decree 1373/2009 of 28 August, approving the General Regulations of Law 33/2003 of 3 November on Property Assets of the Public Administration, under which individuals who have applied for insolvency, or been declared insolvent, in any proceeding, or are subject to receivership or have been disqualified pursuant to the Bankruptcy Act 22/2003 of 9 July, may not be accepted as successful bidders.

II.- That, it is not affected by the circumstances provided for in the law on incompatibility.

III.- That, said entity, as required by Article 29.5 of the Local Revenue Authorities Act 9/1990 of 8 November of Comunidad de Madrid, has no outstanding debts with Comunidad de Madrid in enforcement period, and, if any, they are guaranteed.

In .........................................., on (date)

Signature:

Note: This affidavit shall be signed by the managing body or competent representative of the firm or company, except in cases where another media provided for in Article 73 of the Public Procurement Act, revised text approved by Royal Legislative Decree 3/2011 of 14 November is used.

v Leave in blank where not applicable.


Comunidad de Madrid ANNEX VIII

Terms and Conditions for Disposal and Leaseback of Real Property Assets through Electronic Auction No. E-02/2014


ANNEX VIII

MODEL STATEMENT TO RECEIVE NOTIFICATIONS BY ELECTRONIC MEDIA AND AUTHORISATION TO ACCESS YOUR DATA USING COMUNIDAD DEMADRID'S SYSTEMS.

Mr./Ms. ............................................................, with D.N.I./N.I.E. No. …………..……… on his/her (own) behalf ....................... or on behalf (of the entity or person he/she represents)vi ………………..……………………………, with Tax ID No. ..................., in his/her capacity as ...................................., in relation to Docket No E-02/2014

DECLARES

1. That, he/she wishes to receive [] YES/[] NO (please tick as appropriate) all notifications concerning contract procedures through the Electronic Notifications Service of Comunidad de Madrid to the Single Electronic Address authorised for this purpose.vii

2. That, he/she [] AUTHORISES / [] DOES NOT AUTHORISE (please tick as appropriate) the Comunidad de Madrid to use electronic media to collect the N.I.F. data of the company and the D.N.I. data of the representative or individual entrepreneur.

In (city) ............................., on (date)

Signature:

vi Leave in blank where not applicable. vii If yes, the company must be registered with the Electronic Notifications Service of Comunidad de Madrid. This service may be accessed via the Electronic Administration section of the website. http://www.madrid.org

http://www.madrid.org


Comunidad de Madrid ANNEX IX



ANNEX IX

MODEL FORM FOR DESIGNATION OF THE CONTACT PERSON FOR THE ELECTRONIC AUCTION

Mr./Ms. ............................................................................................., with address in ....................... province of .............................., street ........................................................................ number .......... and ID Card No. ............................. on his/her (own) behalf or on behalf of (the entity or person he/she represents)viii …………………………………………………………………… , CIF/NIF .............................. and tax domicile at Street/Square/Avenue …………………………………………………..……………….., number ............, for the purpose of participating in the electronic auction, Docket No. E-02/2014, pursuant to Clauses 9 and 12, designates Mr./Ms. ............................................................................., e-mail ........................................... and phone number ……………………… as the contact person.

In (city) …………………….. , (date) …………………………. 2014.



viii Leave in blank where not applicable.


Comunidad de Madrid ANNEX X



ANNEX X

MODEL FORM OF RATIFICATION OF THE BID IN AN ELECTRONIC AUCTION

Mr./Ms. .............................................. ......................................., with National ID No. ................................... [in his/her own name] [acting on behalf of (company) ........................ .................................., with NIF No. ............................. ]ix, with address in ....................... province of .............................., street/square ............................................................... number .........., as a bidder in the electronic auction of Lot No. ......., property owned by the Comunidad de Madrid, located at .............................................., RATIFIES that his/her last bid in the auction held on (date) .............................., was in the amount of ………………………………………………………………………………………………………………. euros (in words and figures), taxes not included.

This bid is final and binding, and constitutes a sale contract in strict compliance with the requirements and conditions set out in these Terms and Conditions. The withdrawal of the bid shall entail the loss of the guarantee.

Madrid,

Signature:


ix Delete as appropriate.

Documents

CONSEJERÍA DE ECONOMÍA Y HACIENDA Comunidad … · Dirección General de Política Financiera, Tesorería y Patrimonio CONSEJERÍA DE ECONOMÍA Y HACIENDA Comunidad de Madrid Terms