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00-0201_MULLER COMMERCIAL REAL ESTATE_Listing AgreementMemorandum TO: George Scarborough, City Manager FROM: Cindy Russell, Administrative Services Directod—' SUBJECT: Listing Agreement - Alipaz Property January 31, 2000 The City received two proposals for the listing of the Alipaz property: Chuck Mederios (ReMax) 6.0% 60 Day Listing Muller Commercial Real Estate 4.8% 30 Day Listing Based on an appraised value of $162,000, the estimate commission would be $7,776. This agreement is within the limits to be executed by the City Manager. The document has been reviewed and approved by the City Attorney. Attached are two listing agreements with Muller Commercial Real Estate to be executed for the Alipaz property listing. Please execute and return to me at your earliest convenience. CP cc: John Shaw C:\MyFiles%PROPERTY\alipazlisUngagmt.wpd MULLEIROMMERCUL REAL ESAE 32332 Camino Capistrano, Suite 104 San Juan Capistrano, CA 92675 (949)248-5846 FAX: (949) 248-1365 EXCLUSIVE RIGHT AND AUTHORIZATION TO SELL A. The undersigned Owner does hereby grant to MULLER COMMERCIAL REAL ESTATE (Broker) the exclusive and irrevocable right to negotiate a sale, or sales, on the below subject property for a period that shall commence on February 1, 2000 and shall expire at midnight on March 1, 2000 The term of this Agreement shall be automatically extended to N/A unless Broker receives Owner's written cancellation on or before N/A The subject property is located in the City of San Juan Capistrano County of Orange, State of California and described as 1.49 acres (64.904 sa. ft.) situated in the northeast quadrant of Alipaz St. and Camino Del Avion known as APN 121-17IA5 . B. The terms of the sale or sales shall be: One hundred sixty-two thousand dollars ($162,000) All Cash Commission to Muller Commercial Real Estate to be 4.8% of the selling price. Buyer to verify and approve easements on property prior to consummation of sale. BROKER'S COMMISSION C. Broker agrees to diligently pursue the procurement of a buyer or buyers for the subject property, and in consideration of Broker's promise and the Exclusive Right and Authorization to Sell, Owner agrees to pay Broker a sale commission based upon the appropriate provisions of the Commission Schedule attached hereto and which is incorporated by reference as though fully set forth herein. PAYMENT OF COMMISSION D. The Owner shall pay a commission to Broker pursuant to the following provisions: 1. If the subject property is sold to buyer(s), whether through the diligent efforts of Broker or by anyone else prior to the expiration date of this Exclusive Right and Authorization to Sell, or any extension, whether oral or written, thereof, or 21 If a satisfactory buyer is procured, introduced, or referred by Broker, or by anyone else, who is ready, willing, and able to buy on the above stated terms the subject property, or on any other terms acceptable to the Owner prior to the expiration date of this Exclusive Right and Authorization to Sell, or any extension, whether oral or written, thereof; or 3. If within one hundred eight (180) days after the expiration date of this Exclusive Right and Authorization to Sell, or any extension, whether oral or written, thereof, the subject property is sold to any person, natural or artificial, with whom Broker has negotiated previously, or to whom Broker has submitted the subject property, prior to such expiration, in an effort to effect a transaction and whose name appears on any list of such persons, natural or artificial, which Broker shall have mailed to Owner in the usual course of the mails at the address stated below, at any time within fourteen (14) days immediately following such expiration date; provided, however, if Broker has submitted a written proposal to sell, then it shall not be necessary to include the offeror's name of the list. SALE CONTINGENCY E. The Owner agrees that in the event a sale is made before the expiration date of this Exclusive Right and Authorization to Sell, or any extension, whether oral or written, thereof, or during the one hundred eight (180) day period as provided in the provision of Subsection (3) above, to any person, natural or artificial, whose name appears on the list described therein, or from whom Broker has submitted a written offer, the Owner shall pay a sale commission to Broker in accordance with the relevant provisions set forth in the attached Commission Schedule. WARRANTY F. The Owner warrants that he is the Owner of record of the subject property and/or has legal authority to execute this Exclusive Right and Authorization to Sell for the Owner of record. -1- 0 0 INDEMNITY G. The Owner agrees to indemnify and hold Broker harmless from any liability, damages, expenses or costs, including reasonable attorney's fees, that arise from or is connected with any incorrect information the Owner supplies, and information which the Owner fails to supply, or any incorrect representation made by the Owner herein. COURSE OF DEALING H. The Owner agrees to cooperate fully with the Broker in effecting a sale of the subject property, Broker is authorized to advertise the property, and shall have the right to place a sign or signs on the property if, in Broker's discretion, such would facilitate the sale of subject property. I. No amendments or alterations in the terms hereof or revocations of this Exclusive Right and Authorization to Sell shall be binding or valid upon the parties unless same is in writing and subscribed by both Owner and Broker. It is further agreed that there are no statements, promises, inducements, or representations made or relied upon by one or the other to this Agreement, except those stated expressly herein. J. In case of any dispute between the parties hereto which results in the filing of any lawsuits by either party against the other, the prevailing party in said dispute shall be entitled to reasonable attorney fees and costs. K. Pursuant to Title VH of Civil Rights Act of 1968, Owner and Broker are aware that it is illegal to discriminate against any persons because of race, color, religion, national origin, marital status, or physical disability. L. The following documents(s) listed below and attached hereto are incorporated by this reference as though fully set forth herein: N/A OWNER AND BROKER ACKNOWLEDGE BY AFFIXING THEIR SIGNATURES HERETO THAT THEY HAVE RECEIVED A COPY OF THIS FULLY COMPLETED DOCUMENT. Date: Owner: Address: Phone: By: By: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 APPROVED AS TO FORM: &a Date: / - 3 / — O o MULLER COMMERCIAL REAL ESTATE 32332 Camino Capistrano, Suite 104 San Juan Capistrano, CA 92675 (949) 248-5846 By i vC j Witold Muller, Broker By: Agent