HomeMy WebLinkAboutSVN Retter & Co - Exclusive Agency Sale Listing Agreement(&S,',\C"wr EXCLUSIVE AGENCY SALE LISTING AGREEMENT Commmdal&okm Awmlanon2
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This Agreement is made by and between City of Pasco ("Seller"] and SVN I Retter A Comnam
("Firm"). Seller hereby grants to Firm the exclusive and irrevocable right to sell and to receipt for
deposit in connection therewith Seller's commercial real estate legally described as set forth on
attached Exhibit A and commonly described as MD, City of Pasco Franklin County, Washington
(the "Property"].
1. DURATION OF AGREEMENT. This Agreement shall commence on August 13 2M and
shall expire at 11:59 p.m. on August 12. 2019.
2. PRICE AND TERMS. Seller agrees to list the Property at a price of $ibd and shall consider
offers that include the following terms:
Possession: On closing
Terms: =
3. DEFINITIONS. As used in this Agreement, (a) "CBA" shall mean the Commercial, Brokers
Association; and (b) "sell" shall mean sell, contract to sell, enter into a contract to sell, exchange,
lease for over 5 years, and/or enter into an option to purchase the Property. The phrases "this
Agreement" and "during the term hereof' include separate, written extensions or renewals of this
Agreement.
4. AGENCY/DUAL AGENCY. Seller authorizes Firm to appoint Rob Ellsworth as Seller's Listing
Broker. This Agreement creates an agency relationship with Listing Broker and any of Firm's
brokers who supervise Listing Broker's performance as Seller's agent ("Supervising Broker"). No
other brokers affiliated with Firm are agents of Seller, except to the extent that Firm, in its
discretion, appoints other brokers to act on Seller's behalf as and when needed.
If the Property is sold to a buyer represented by one of Firm's brokers other than Listing Broker
("Buyer's Broker"), Seller consents to any Supervising Broker who also supervises Buyer's Broker
acting as a dual agent. If the Property is sold to a buyer who Listing Broker also represents, Seller
consents to Listing Broker and Supervising Broker acting as dual agents. Seller has received from
Listing Broker the pamphlet entitled "The Law of Real Estate Agency."
If any of Firm's brokers act as a dual agent, Firm shall be entitled to the entire commission payable
under this Agreement.
S. PROPERTY OWNERSHIP AND INFORMATION. Seller warrants that Seller has the right to
sell the Property on the terms set forth in this Agreement and agrees to furnish and pay for a
buyer's policy of title insurance showing marketable title to the Property. Seller also warrants that
the Property information on the Property Information pages of this Agreement is correct. Seller
understands that Firm and other members of CBA will make representations to prosPective buyers
based solely on the Property information in this Agreement and agrees to indemnify and hold Firm
and other members of CBA harmless in the event the foregoing warranties are incorrect. Seller
acknowledges that following closing, the amount of the purchase price and any other terms of the
sale of the Property shall not be deemed confidential information, and Seller authorizes disclosure
of the same. Seller acknowledges receipt of a copy of this Agreement, with the Property
Information pages of this Agreement fully filled in.
6. CLOSING COSTS. In addition to purchasing a buyer's policy of title insurance, Seller agrees
to pay one-half of any escrow fees. Rents, insurance, taxes, interest and reserves on assumed
encumbrances are to be prorated between Seller and buyer as of the date of closing. A sale on real
estate contract shall be on Form LPB45, currently distributed by title insurance companies.
7. COMMISSION. Firm shall be entitled to a commission if: (a) Firm sells or procures a buyer
on the terms of this Agreement or on other terms acceptable to Seller; (b) Seller sells the Property
through any other real estate Firm during the term of this Agreement; (c) Seller sells the Property
within six months after the expiration or sooner termination of this Agreement to a person or
entity that submitted an offer to purchase the Property during the term of this Agreement or that
appears on any registration list provided by Firm pursuant to this Agreement or to an "Affiliate" of
such a person or entity that submitted an offer or that appears on the registration list; (d) the
Property is made unmarketable by Seller's voluntary act; or (e) Seller withdraws the Property from
sale, or otherwise prevents Firm from selling it. The commission shall be calculated as follows:
See as listed in Ex. A.
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Firm shall submit any registration list to Seller within 15 days after the expiration or sooner
termination of this Agreement and shall only include on the registration list persons or entities to
whose attention the Property was brought through the signs, advertising or other action of Firm,
or who received information secured directly or indirectly from or through Firm during the term of
this Agreement. Seller shall provide the registration list to any other brokers that assist the Seller
with this Property. "Affiliate" means, with respect to any person or entity that submitted an offer
during the term of this Agreement or that appears on the registration list, any buyer which has
more than a 10% ownership or voting interest in such an entity or any buyer in which more than
10% of the ownership or voting interests are owned or controlled by such a person or entity
a. FIRM/MULTIPLE LISTING. Firm shall cause this listing to be published by CBA for
distribution to all CBA members through CBA's listing distribution systems. Firm shall cooperate
with all other members of CBA in working toward the sale of the Property. Seller understands and
agrees that all Property information contained in this Agreement or otherwise given to CBA
becomes the Property of CBA, is not confidential, and will be given to third parties, including
prospective buyers, other cooperating members of CBA who do not represent the Seller and, in
some instances, may represent the buyer and other parties granted access to CBA's listing
systems. Seller agrees that Firm may record this Agreement. Regardless of whether a cooperating
member is the broker of the buyer, the Seller, neither or both, the member shall be entitled to
receive the selling off ice's share of the commission as designated by the listing office. IT IS
UNDERSTOOD THAT CBA IS NOT A PARTY TO THIS AGREEMENT, AND ITS SOLE FUNCTION IS TO
FURNISH THE DESCRIPTIVE INFORMATION SET FORTH IN THIS LISTING TO ITS MEMBERS, WITHOUT
VERIFICATION AND WITHOUT ASSUMING ANY RESPONSIBILITY FOR SUCH INFORMATION OR IN
RESPECTTO THIS AGREEMENT.
9. ATTORNEY'S FEES. In the event either party employs an attorney to enforce any terms of
this Agreement and is successful, the other party agrees to pay a reasonable attorney's fee and
any costs and expenses incurred. In the event of trial, venue shall be in the county in which the
Property is located, and the amount of the attorney's fee shall be as fixed by the court.
10. ADDITIONAL TERMS. In addition to the Property Information pages of this Agreement and
Exhibit A (legal description), the following amendments or addenda (which are also attached
hereto) are part of this Agreement: NONE
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EXCLUSIVE AGENCY SALE LISTING AGREEMENT Commerdel Brokers A ocletlm BM
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SELLER
Seller/Authorised Signature
Name: - -S-7-A
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Title: K y' _ . /e%ERel
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Seller/Authorized Signature
Seller/Authorized Signature
Name:
Title: _
Date: _
Seller/Authorized Signature
Name: Name:
Title: Title: _
Date: Date: _
FIRM
SVNi(Auth
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By:
Representative)
Date: 81318
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EXHIBIT A
(Commission)
Listing Fees:
Co -Brokered Sales 6% of sale price, split 50/50 with other
broker
Dual Agency Sales 5% of sale price
Purchasing Fees:
I'll request a 3% fee from the seller of the property as part of our
initial offer. In the event we aren't able to make that work with the
Other Fees:
seller, I'd ask the city pay that fee upon closing.
None. I provide regular updates on activity as well as marketing and market
data. I'm also happy to help with any market info and consulting needed by the city
as a condition of this contract, at no additional charge. This includes any reports
needed, meetings with staff and/or council that is needed in the course of servicing
the needs of the city.
ME
*SVN
Amendment To
Contract
This Amendment to Listing Agreement is part of the Contract Agreement dated g �3 —7j,
between City of Pasco ("Owner") and SVN I Retter & Company ("Firm").
IT IS AGREED BETWEEN THE SELLER AND FIRM AS FOLLOWS:
The following properties will be offered for sale at the list prices, effective August 31, 2018:
Location
Commercial Ave
Franklin & Lewla
Dradie Street
Heritage Blvd
A St. & list Ave.
Lewis & Heritage
Lewis & Heritage
Heritage Blvd
SELLER
112.073.088
3.78 $
118.512.119
1.39 $
113.884.076
3.12 $
112.060.323
0.286 $
113.900.094
2.72 $
113.900.095
1.55 $
113.900.092
2.25 $
(Authoriz d Reprreesentative]
Date: ? zi - ef
2.05 $
1.30 $
3.50 $
1.30 $
1.10 $
1.30 $
FIRM
124,124
176,679
43,604
154,028
74,270
By:
(Authorized Representative)
Date:
127,413
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