Loading...
Contract - Voit - 2016-02-23 Volt REAL ESTATE SERVICES EXCLUSIVE LISTING AGREEMENT SALE OR LEASE TRANSACTION The undersigned Owner hereby appoints The Voit Corporation, a California corporation, as general partner of Voit Real Estate Services ("VRES") as its sole agent and grants to VRES the exclusive right to sell or lease the real property located at 628 W. 19'h Street, Costa Mesa, CA - APN: 422-142-22 (the "Property"). 1) TERM: The term of this Agreement begins on February 23, 2016 and will end at midnight on August 23, 2016 2) VRES' SERVICES: VRES will enlist the efforts of its firm to secure a satisfactory purchaser(s) and/or tenant(s) for the Property, and if VRES deems it necessary, VRES will also solicit the cooperation of other licensed real estate brokers. VRES will negotiate the terms of any sale or lease on behalf of Owner and in Owner's interest. 3) OWNER REFERRALS: Owner will refer to VRES all inquiries and offerings received by Owner regarding the Property. and all negotiations will be conducted solely by VRES or under VRES' direction, subject to Owner's review and final approval. 4) ADVERTISING: Owner authorizes VRES to advertise and to place signage on the Property. VRES, at its expense, will provide its standard signage and flyer/brochure. Any additional advertising and promotion will be done at Owner's expense pursuant to a program and budget agreed upon by Owner and VRES and will identify VRES as exclusive agent for the Property. 5) COMMISSION: If, during the term hereof, Owner sells or leases any interest in the Property, Owner will pay to VRES a commission in accordance with the attached Schedule of Commissions. Within 15 days after the end of the term, VRES will provide to Owner a list of prospective purchaser(s) or tenant(s) to whom the Property was submitted (by VRES, Owner or any third party) during the term. If a prospective purchaser or tenant, appearing on said list, enters into a purchase contract, lease, or option within 180 days after the end of the term, and the purchase thereafter closes or lease is executed, Owner will pay a commission to VRES as provided above. Owner agrees that such 180-day period will be extended for so long as negotiations with a prospective purchaser or tenant are continuing. 6) OUTSIDE BROKERS: If VRES recognizes an outside broker representing the purchaser or tenant in a transaction for which a commission is payable hereunder, VRES will request such broker to agree to accept an equitable portion (but not more than half) of the commission as its compensation. If such broker so agrees, Owner will pay to VRES the commission provided for herein, out of which VRES will pay to such broker its agreed share and retain the balance as VRES' compensation. If such broker does not so agree, then negotiations will be suspended until such agreement is obtained. VRES will not be liable for failure to obtain such agreement. P.2m6..,»J 4.1.M..,a.�.,,.s,,l,l,,DOM 626 w,..E.,m,,,,q M,,,I Svd.„.,...41,k, Page 1 of 4 at REAL ESTATE SERVICES 7) ALTERNATIVE TRANSACTION: If a proposed transaction covered by this Agreement turns into any other transaction. including, but not limited to, an exchange, build to suit, option to purchase, right of first refusal, or ground lease, then VRES will automatically, without the necessity of any further acts by Owner or VRES or an amendment to this Agreement, be Owner's sole and exclusive agent for such transaction and will be entitled to a commission on such transaction under the terms of this Agreement. If the commission computation is not addressed in the attached Schedule of Commissions, then the Owner shall pay to VRES a market rate commission as dictated by local custom. 8) PROPERTY INFORMATION: Owner represents that it has no knowledge of toxic, contaminated or hazardous substances, or defective conditions, at the Property except as Owner has informed VRES in writing. Owner authorizes VRES to transmit such information to prospective purchasers or tenants. With respect to sale of the Property only, Owner and VRES each acknowledge that they are required to make certain "natural hazard disclosures" to prospective purchasers prior to closing. Owner represents that it has no actual knowledge that the Property is located within a special flood hazard area, a potential flood (dam failure) inundation area, a very high fire hazard severity zone. a wildland fire zone, an earthquake fault zone or a seismic hazard zone, except as Owner has informed VRES in writing. Owner agrees, at its sole cost and expense, to retain the services of a third party professional consultant to determine whether, based on available mapping, disclosure is required, who will issue a report with respect thereto, which report will be delivered to the prospective purchaser. Owner hereby agrees to indemnify, defend and hold VRES harmless of and from any and all claims from prospective purchasers of the Property arising from any error or omission in such reports or arising from any disclosure obligation of Owner. 9) EXTENSION OF LISTING PERIOD: Upon expiration of the Listing Period as described above, the Listing shall automatically renew and continue in full force and effect for successive thirty (30) day periods without further written agreement unless either party provides written notice to the other that the Listing shall terminate at the expiration of thirty (30) days; provided, however, that the Listing Period shall automatically terminate one (1) year after the end of the Listing Period described above unless prior to termination both parties mutually execute a written agreement extending the Listing Period to another date. 10) OTHER CLIENTS: Owner acknowledges that VRES may represent potential purchasers or tenants and consents to such dual representation. The company, affiliates, or brokers or employees of the company may directly or indirectly own or may acquire an interest in properties that the client may consider competitive with the subject property. k‘LP.I,Ps..Cosle M.e,.n!!!!! M.lnM<a,w,Mh Lmi, .JAgmlS,ir�, Page 2 of 4 Volt REAL ESTATE SERVICES 11) DISPUTE RESOLUTION: Any dispute arising out of this Agreement and/or any sale, lease or alternative transaction involving the property shall first be submitted to mediation pursuant to California Evidence Code Sections 1115 to 1129. If such dispute is not resolved in mediation then it shall be submitted to binding arbitration pursuant to California Code of Civil Procedure Section 1280. 12) FEES AND EXPENSES: If either party institutes legal action, arbitration or mediation to enforce its rights under this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and other costs so incurred. Any portion of a commission not paid to VRES when due will bear interest from the due date until paid at the legal rate of interest. 13) AUTHORITY: Owner represents that it is the owner of the Property and/or has the full right, power and authority to execute this Agreement and to consummate a transaction as provided herein, and to perform Owner's obligations hereunder. The individuals signing this Agreement represent that they are authorized signatories. 14) PROFESSIONAL ADVICE: VRES recommends that Owner obtain legal, tax or other professional advice relating to this Agreement and the proposed sale or lease of the Property, as well as the condition and/or legality of the Property, including, but not limited to, the Property's improvements, equipment, soil, tenancies, title, environmental aspects, compliance with the Americans With Disabilities Act. VRES will have no obligation to investigate any such matters unless expressly otherwise agreed to in writing by Owner and VRES. Owner further agrees that in determining the financial soundness of any prospective purchaser or tenant, Owner will rely solely upon Owner's own investigation and evaluation, notwithstanding VRES' assistance in gathering any financial information. 15) NON-DISCRIMINATION: It is unlawful for either Owner or VRES to discriminate against any persons because of their race, color, religion, national origin, sex, disability or family status. 16) SURVIVAL: This Agreement is binding upon the parties and their respective successors and assigns. The terms "Owner" and "Purchaser" and "Tenant" include affiliates, successors. assigns and nominees and shall survive the execution of any sale, lease or alternative transaction. 17) PUBLICITY: Owner hereby consents to VRES' publicizing its role in any transaction entered into, subject to Owner's reasonable editorial approval of such publicity. 18) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall be considered one and the same agreement. P.2016.FansJakELEkkE,I,Eila urw Sanilorywn+[2e w imn E.d LEE Y Mw snu or mese n..k. Page 3 of 4 at REAL ESTATE SERVICES 19) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Owner and VRES and supersedes all prior discussions. No modification of this Agreement will be effective unless made in writing and signed by both Owner and VRES. Owner acknowledges receipt of a copy of this Agreement and the Schedule of Commissions. Costa Mesa Sanitary District VOIT REAL ESTATE SERVICES Lic. #01333376 By: a - By: Name Printed: Scott Carroll Name Printed: Eric Hinkelman (JF) Title: General Manager Title: Chief Executive Officer Address: 628 W. 19th Street Address: 2020 Main Street, Suite 100 Costa Mesa, CA Irvine, CA 92614 Phone: (949) 645-8400 Phone: (949) 851-5100 Date: 3-S - \ E Date: d•Page 4 of 4 Voit REAL ESTATE SERVICES SCHEDULE OF COMMISSIONS SALE OR LEASE TRANSACTION A. SALE Commission Amount: Five (5%) percent to be split 50/50 with any co-operating agent. VRES to provide an $11,000 discount at close of escrow. Time of Payment: The commission shall be paid in full at the time of the closing or transfer of title to the properly, except in the case of an installment purchase contract, in which case the commission shall be paid in full at the time of the execution and delivery of the installment purchase contract between Seller and Purchaser. Computation of Sales Price: The commission shall be computed in accordance with the above rate based upon the total sales price, which shall include any mortgages, loans or other obligations of Seller which may be assumed by Purchaser or which Purchaser takes title "subject to," any purchase money loans or mortgages taken back by Seller, the sales price of any fixtures or other personal property sold by separate agreement between Seller and Purchaser as part of the overall sales of the real property and current market value of any other real or personal property transferred from Purchaser to Seller. Purchase Option: If Seller grants a purchase option, Voit Real Estate Services ("VRES") will be paid a commission at the above rate as and when amounts are payable for the option (and for extensions thereof). Upon closing of the sale, VRES will be paid a commission at the above rate on the total sales price (excluding any amount paid for the option and applied to the sales price). Deposit: In the event title does not close and the deposit is retained by Seller, the commission to be paid VRES shall be either 1/2 of the amount of the deposit, or the regular commission computed as set forth above, whichever is less. B. LEASE Office/Commercial Property: Gross Lease: 1"Year: 6% of the Rent 5th Year: 4% of the Rent 2ntl Year: 6% of the Rent 6`h through 10'h Year: 3% of the Rent 3`° Year: 5% of the Rent 11'h through 301h Year: 2% of the Rent 4'h Year: 4% of the Rent Balance of the Term: 1% of the Rent SOC S..m L._.REV Page 1 of 4 it min REAL ESTATE SERVICES II. Net Lease: 1St Year: 7% of the Rent 51" Year: 5% of the Rent 2nd Year: 7% of the Rent 6th through 10th Year: 3-1/2% of the Rent li 3'd Year: 6% of the Rent 11th through 309' Year: 2-1/2% of the Rent 4th Year: 5% of the Rent Balance of the Term: _ J 1% of the Rent VRES's fee for a month-to-month tenancy is one average month's rental with a minimum fee of $1,000.00. Subleases: For a sublease, the commission will be computed in accordance with the above rates based upon the aggregate rental set forth in the sublease. Assignment or Cancellation of Lease: For an assignment or cancellation of a lease, the commission will be based on the rent for the unexpired portion of the lease term and computed at the rates set forth above, plus 5% of any other consideration payable to Tenant for such assignment or cancellation. CONDITIONS REGARDING LEASES Renewals; Extensions; Expansions: If a lease contains an option or other right to renew or extend the term or to lease additional space, and if the lease is renewed or extended or if a Tenant leases additional space, whether or not strictly pursuant to the option or right contained in the lease, Landlord shall pay to VRES, at the time of the renewal, extension or lease of additional space, an additional commission based on the aggregate rental for the renewal or extension term, or for such additional space. In the case of a renewal or extension, the commission shall be calculated at the above rates but at the percentage level that would have applied if the renewal or extension period were in force at the time the original lease was made. Cancellation Clauses: VRES will be paid a commission based upon the entire lease term notwithstanding any right of Landlord to cancel the lease. If Tenant has a right to cancel the lease after the term has commenced (and for reasons unrelated to casualty, condemnation, default and the like), the commission will initially be based upon the rental for the non-cancelable portion of the lease term plus the amount of any cancellation payment payable by Tenant; if such right is not thereafter exercised, Landlord will promptly pay VRES the balance of the commission. A lease will be deemed canceled only if Tenant vacates the premises. If a lease is terminated or amended and Tenant remains under a new or different arrangement, VRES shall be paid the balance of its commission. If a cancellation payment includes the unamortized commission, then VRES will be paid a full commission as if no right of cancellation existed. ,016,5., ...e,Co,.Idesa 5.„Iui.ni,,,,�-G2P w flU!WI,Salt,. Lea,REV S u„ u Page 2 of 4 Volt REAL ESTATE SERVICES Computation of Commissions: Commissions shall be computed in accordance with the above rates based upon the aggregate rental set forth in the lease, including rental attributable to rent increases (but not tax or operating expense escalations) and to additional space required to be leased by Tenant. If a rental concession is made by Landlord allowing Tenant not to pay for rent for the initial months of the lease term, then the commission shall be calculated on the average rental for the entire term with the first year being deemed to commence on the first day of the lease term whether or not rent is payable. If rental concessions are granted in lieu of Landlord performing construction or alteration work and with respect to any other allowances or concessions granted to Tenant whether in the form of a credit against rent, construction, decoration or otherwise, there shall be no deduction from the aggregate rent set forth in the lease. Percentage Leases: If there is a minimum rent, then the commission shall initially be computed and paid based on the aggregate minimum rent set forth in the lease. If there is no minimum rent, the commission shall initially be computed and paid as if the lease contained a minimum rent equal to 1/2 of the Landlord's asking price. In both of the above cases, thereafter, as and when percentage rental shall become payable to Landlord, VRES shall be deemed to have earned a commission thereon calculated as if the percentage rental had been known at the commencement of the lease term. Such additional commissions shall be paid to VRES at the end of each year during the lease term for which percentage rent is payable. Gross receipts reports are due 60 days after the end of the lease year and the additional fee is due within 30 days after billing. Time of Payment: Commissions on leases shall be paid in full on the execution and delivery of the lease between Landlord and Tenant. Broker is hereby authorized to deduct its commission pursuant to the foregoing schedule from funds held in its trust account; the Owner shall pay any differences in cash in accordance herewith. In the case of a lease cancellation, the commission shall be paid in full on the execution of the document canceling or terminating the lease. Purchase Option: If the lease contains an option or right to purchase, and if Tenant purchases the property during the term of the lease, whether or not strictly pursuant to the option or right, Landlord will pay to VRES, upon closing of the transaction, a sales commission as provided in Section A of this Schedule. If the sale occurs during a period of the lease term for which VRES has been paid a leasing commission, the portion of VRES's share of the leasing commission attributable to the unexpired portion of the term will be credited against the sales commission. VRES will not be required to make a refund should the sales commission be less than the amount of the credit. Sale by Landlord: In the event of a sale, conveyance or other disposition of all or any portion of Landlord's interest in the Property at which the lease is made, Landlord shall remain responsible to pay VRES the commissions due and/or which may become due hereunder, unless Landlord shall obtain from the grantee of its interest and deliver to VRES an agreement, in form and substance and from a party acceptable to VRES, whereby the grantee assumes Landlord's commission obligations hereunder. m.w 19th SOL o-m. s'Paocks Page Volt REAL ESTATE SERVICES General: The term "lease" shall also be deemed to mean "sublease" and the terms "Landlord" and "Tenant" shall also be deemed to mean "Sublandlord" and "Subtenant", as the case may be, together with the terms "Purchaser and "Seller", shall be deemed to include any subsidiaries, affiliates, successors and nominees of any of same. Costa Mesa Sanitary District VOIT REAL ESTATE SERVICES Lic. #01333376 By: _ /- - By: Scott Carroll Name Printed: Name Printed: Eric Hinkelman tor) Title: General Manager Title: Chief Executive Officer Address: 628 W. 19`" Street Address: 2020 Main Street, Suite 100 Costa Mesa, CA Irvine, CA 92614 Phone: (949) 645-8400 Phone: (949) 851-5100 Date: 3 - 16 Date: ""16'""""1"-'''''"'•""s'-'""v'm,"'Thy"pan sets''''''.e,"Rev222Page 4 of 4 FOR SALE - 4,000 SF 628 W. 19th Street, Costa Mesa, CA 4111i lb ft • , 026 �,, 1 e• ,••F I •. I1 1 at, Costa Mesa t ej Sanitary District 4" \ 2012 Collection System the Year of y i 44 . N <h i„ .,. ire /49 t Inn - . i 66 In F I- 5 _ _ — g 105 ` �I WS ___ Mnihish.. t1 \ , m/— mar Ir mmitinglimagiumusignizzassaver Jack R. Faris, SIOR Senior2e President 94VO�t 949.2633.2318 jfaris@voitcocorn Real Estate Salesperson REAL ESTATE SERVICLS CABRE Lie. #00912766 2020 Main Street.Suite 00. Irvine CA 92614 - 949.8515100 5452219092 Fax Lic 401333376 I www aoitco nom COMPAC The mwrmaloncomaned herein has Leen ontamM from sources we deem rNome.Whale we have norason to doubt m eaounwe do not guarantee R. MI6 Von ROI Enm Sinew.Inc.All Rronts Reserve. e Real people.Real Solutions.'Iu rag island trademark of Volt Real Estate Sarvmy. FOR SALE - 4,000 SF 628 W. 19th Street, Costa Mesa, CA Floor plan - 1st Floor I 1,.. - - II - _.. . � I Floor plan - 2nd Floor N 1— Jack R. Faris, SIOR 99.262President VOit 9449.26333.2318 jFaris@voitco.corn Real Estate Salesperson PEAL ESTATE SERVICES CABRE Lic. #00912766 2020 Main Street. Sole 100 rvine CA 02614 • 049 BSI 5100 • 940 261 9001 V ar Lm#01333376 I arww voltco com COR FAC Thelnfom,ation contained herein has been obtained lmm sourceswe dorm mi able WI,1°we nava no reason to doubt ns accuracy we do not guarantee if. NAl6Voil Real Estate Servicer,Inc.All Rgpb Reserved Rid,'People Reel Solutions is rpelnp trademark of Volt Real Estate Services