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13-0320_RE/MAX ENCORE_Personal Services Agreement First AmdFIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and RE/MAX Encore ("Consultant") is made and entered into, to be effective the 20th day of March 2013, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated February 20, 2013, for professional real estate broker services for the marketing and sale of the Harrison House -Parra Adobe property located at 27762 Ortega Highway (APN: 666-19-18) (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided herein. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, the City and Consultant agree to the Agreement as follows: Section 1. Exhibit "A" to the Agreement is hereby replaced in its entirety with Exhibit "A" to this First Amendment and made a part of the Agreement. Section 2. The City Manager is authorized to execute all necessary documents to facilitate the marketing of the Property, such as disclosures required or reasonably necessary. The City Manager's authority does not extend to approving or entering into a purchase and sale agreement. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] -1- CITY OF SAN JUAN CAPISTRANO By: J hn Tayl M ATTEST: -2- By CONSULTANT: V 1181HX3 •spa jv os�wa gann ape io� aovd) ml, si Jamol8 (! igloo al u�oo osl P�e� q Jones mA aAO QWnp WAO � OLVA a ppo 91 an N (d a* toolun jiljedad eq1 BWpjeSa �� je410 jiue � •s hued oo lied ai �a 04110 � e�ps�3¢u� � 8$ (L) *oAw loj se p0gpedt stelun &AVedo d e41 BupoSej joXojq je4lous 411m wew0ej88 BunaD a owl pajawo Apm1hoW lou 9811 J0M ret 19wesada Jem (N 6.4 'efje}91194 j0410 jo Jobs enpasdowd •jektq a Pus jelles OM&m j4jodord o41 Bulpjeeeu maria Aue of 'Wb 4d9j6ejed of jummmd jogoj8 elssuedwoa of suolml ul se 'wow opp 1lwgne kw 1oxwo •mm" ul spwmd pus spurt 9^19S � uopmadwoo enoge mg j10j8 o_ sugm 49wonu9J91 -a "3 •jtallod 9AXoje jed se M 841 oplslno &Mmdo amwq am ouedwoo Pus 41M► elej9do00 01 $I J811a8 (L) S O ja'0a11d esmpmd 941 j0 juscued 000 v je4lte411ti W payloads uolpsuedumo 9A911aj8 jo Ino we"cl S1W W Buposo Aq Ls W,J (s)eolnm BulaQ11 eld>gnw 041 48 41 Bullftsed sunl)uq ejesuWujw pus 411N► spied000 of P04049M 91 fe4W8 W •wexm je410'01 Patello ugmuedwao jo wnoule G* pull '4lla► uan moan IMPN9a mad appi8 ID peWps useq aq moss 'O is BAw 9041 •O -Aue;l ' opolloo j Pus sesued moino pue enn 6ulpnpop mg jags 'uogesuedwoo enoge 941 jo PsjenooW 9eeeweP 041101184'09° jo jessel 943 01 (Bnb9 wnows ue WW ve41 Pus 'es 4lo 10 1s81U01lles 'uo>le>lpgj8 Vo dg seBswsP Ws11� 10S �4M W81! 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OWNERBFJK TITLE AND AUTHORITY: Salter warrants that: (1) Seller Is the owner of the Property; (11) no other persons or entties have tithe in the Property; and (01) Seller has the authority to both execute this Agreement and seg the Property. ExcepWns to ownere+rtp, We and authority are as follows: 8. MULTIPLE LNI ING SERVICE: All terms of the transaction, Including financing, If applicable. will be provided to the selected MLS for publication, dissemination and use by persons and entities on terms approved by go MLS. Seller acknowledges that Broker is required to comply with an applicable MLS miss as a condition of entry of the Heft Into the NU and Sager authorizes Broker to comply with all appacel* MLS rhes. MLS mdse require that the noting sates price be reported to the MLS. MLS rules allow MLS data to be made svallable by the MLS to additional Internet sites unless Broker gives the MLS Instructions to the contrary. MLS codes generally provide that realdentlel veal property and vacant lot listings be submitted to the MLS within 48 hours or some other period of time after all roeceasary signatures have been obtained on the Asfing agreement However, Broker win not have to submit this Hating to the MLS If, within that time. Broker submits to the MLS a form signed by Seiler (CAR. Form SEL or the locally required form). Irdbrmatlon that can be excluded: A Internet Display: (1) Seger can Instruct Broker to have the MLS not display the Property on the Internet. Sager understands that this would mean consumers searching for listings our the tnternet may not see infomation about the Property In response to their search: (2) Seger can lnabuct Broker to have the MLS not display the Property address on the Internet. Seger understands that this would mean consumers searching far listings on the Internet may not see the Property's address in response to their search. L FeaUues on MLS participant and Subsofter Websites: (1) Seger con Instruct Broker to advise the ALS that Seller does not want visitors to MLS Participant or Subscriber MOdes that display the Property listing to have (1) the ability to write comments or reviews about the Property on those sites; or QI) the ability to hyperlink to another site contafNng such comments or reviews ff the hyperlink is In Immediate conjunction with the Property. Sellar understands (q that this opt -art appllos only to Websites of MLS Participants and Subscribers who are real estate broker and agent members of the MLS; (It) that other Internet sties may or may not have the features set forth herein; and OR that neither Broker nor the MLS may have the ablttty to control or block such features on other Intemst rtes. (2) Seger con instruct Broker Io advise the MLS that Seger does not want MLS PaNdpant or Subscriber Websites that display the Property noting to operate (Q an automated estimate of the market value of the Property; or (g) have the abli ty to hyperlink to another eke cantal" such automated esbute of value 0 the hyperlinnk Is In Immediate conjunction with the Property. Sella understands (Q that this opWW applies only to Websites of MLS Participants and Subscribers who are real estate brokers and agent members of the MLS; (11) that other Internet sties may or may not have the features set forth herein; and On) that neither Broker nor the MLS may have the ability to control or block such features on other Internet sites. Seger acknowledges that for any of tits above opt -out Instructions to be effective, Seger must make them on a separate Instruction to Broker signed by Seller (CAR. Form SEL or the loceny required form). infnrmetion about this fisting will be provided to the MLS of Broker's selectIon unless a form instructing Broker to withhold the listing from the MLS is attached to this noting Agreement. T. SELLER REPRESENTATIONS: Seller represents got, imlass otherwise spec[tied In writing, Seller Is unaware of: p) any Notice of Debult recorded against the Property; pl) any dettnquent amounts due under any loan secured by, or other obligation aftcthV, the Property; (tie) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative sdton, goverrunent Investigation or other pending or threatened action that affects or may affect the Property or Segst's ability to transfer It and (v) any cuneM, pending or proposed special assessments ~ng the Property. Seger ahem promptly notify Broker In writing If Seger becomes aware of any of these Iters during the Listing Period or any extension thereof, 8. BROKER'S AND $ELLEN$ DUTIES: (a) Broker agrees to exercise reasonable effort and due diggence to achieve the purposes of this Agreement. Unless Seger gives Broker written instructions to the contrary Broker is authorized to (1) order reports and disclosures necessary, 09 advertise and market the Property by any method and In any medium selected by Broker, Including MLS and On Internet, and. to the extent panngtad by these media, control the dissemination of the Information subndtted to any medlum; and (Ili disclose to any real estate licensee making an inquiry the receipt of any offers on Ila Property and the offering price of such offers. (b) Seller agrees to consider otfas presented by Broker, and to act In good faith to accomplish the sone of the Property by. among other things, making the Property available for showing at reasonable tines and reftring to Broker all Inquiries of any party Interested In the Property. Seger is responsible for dslanmYhkg at what price to net and seg the Property. Setter further agrees to hldemrfr, defend and hold Broker harmless from an clalms, disputes, litigation, judgments attorney fees and costs arising from any Incorrect Information supplied by Seller, or from any material facts that Seller knows but falls to disclose. 8. DEPOSIT: Broker is authorized to seoept and hold on SeWs behalf any deposits to be applied toward the purchase price. 18. AGENCY RELATIONSHIPS: A. Oleclosare: If the Property Includes residential property with one -to -four dwelling unft Seller shag nee" a ")hactosure Agreerneft B. Seller IReprese�ttlo Broker sslRdedonshWaCAR. ropresent Seller In any r to entering tetra this him except as specified in paragraph 4F. Coonrpao sreh.achz. CALWORWAASSOCKTIONOF rheurorhse. urs. sews lntmns (_ 1 121 RLA REVISED 1112 (PAGE 2 OF 4) Rrdnmd by Oft RESIDENTIAL LISTING AGREEMENT • EXCLUSIVE (RLA PACE 2 OF 4) son Juan U F9 27932 CCtGg& Kigh1►ap Property AddreeW $&A """''..080 CA 92675 Dg* Sabxvaxv 20. 2013 C. Possible Dual A�r �cyy Wlth Bayley. Depending upon the dre w,.1 es, n may be nary Or appropriate for Broker to ad as an agent for ls�h Sager and buyer, o5w hange party, or one or more add[tioneh paNes (•Bu)ret7. Broker she%Buyer as mon as practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer r pro r directly by Broker or an aseodst0 licensee In Brokers Ryer. Seller hereby consents to Broker acting as a dual agent for Setter and Buyer. In the event of an exchange. Seller hereby consents to Broker collecting compensation from addglorhal parties for sen►lces rendered, provided there is disclosure to all parties of such agency and compensation. Sellar understands and agrees that (I) Broker. without the prior written consent of Seller, will not disclose to Buyer that Seller Is wMng to sell the Property ala price less than the I price; pi) Broker. without the prior written consent of Buyer. willnot disclose to Seller that Buyer Is wilting to pay a price greater than the offered trice; and 0% except for (q and t0 above. a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. D. Other Bottom: Seller understands that Broker may have or obtain listings on other properties, and that potential buyers may fir. make otters on. or purchase through Broker. property the same as or similar to Seller's Property. Seller consents to - Broker s representation of seders and buyers 61,011W properties, before. during and after the end of this Agreement. E. Confirmation: If the Property includes residential property with one -to -W dwellingunits. Broker a haOconfirmthe agency relationship described above. or as modified. In writing. prior to or concurrent with s exeauticn of a purchase agreement. 11. SECURITY AND INSURANCE: Broker Is not responsible for lose of or dema, to personal or real property. or person, whellm sUdbuteble to use of a keysefeAockbox, a showing of Ike Property. or otherwise. Third parties, Including, but not limited to, appraisers, Inspectors. brokers and prospective buyers. may have access to, and take videos and pthat nhdottloggraphs of. the Intueriorr of the Property. take reasonable Pros (tt) to obtain to protect against these risks. Brecoullom to safeguard and uer doss not �maintain Insurance be btect Seger.ring showings o! the 12. PHOTOGRAPHS AND INTERNET ADVERTISING: A. in order to eHedtvely market the Property for sate it Is Often necessary to provide photographs. virtual tours and other media to buyers. Sager agrees (or O If checked. does not agree) that Broker may photograph or otherwise eWcbwlc* capture images of the exterior and Interior of the Property(�Ime eat for static and/or virtual tours of the Property by buyers and others on Broker's website. the MLS, and other msrlteSng s as. Seger acknowledges that once Images are placed on the Internet neither Broker nor Seller has control over who can view such images and what use vlewem may make Of the Images, or how tom such images may remain avabble on the k*mnt. Seller further agaves go such Images are the property of Broker and that Broker may use such Images for advertisement of Broker's business in the future. B. Seller acknowledges that prospective buyers andlor other persons coming onto the Property may take Photographs, videos or other Images of the Property. Seger understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. (if chocked) p Seiler Instructs Broker to publish In the MLS that taking of Images Is limited to those persons preparing A or Inspection reports. Seger a as that unauthorized persons may take images who do not have scows to or me not read any Umffing Instruction ins or who take images regardless of any flm)tErtg Insbuction In the MLS. Once Images are taken andfor put into electronic display an the Internet or comwse, neither Broker nor Seller has control overwho vlews such Images not what use viewers may make of the Images. 13. KEYSAFEi OCKBOX, A keyeafellocklm Is designed to hold a key to the Property to permit access to the Property by Broker, 000psrating brokere. MLS particlpants, their authorized l and representatives. sutinotizsd inspectors, and sccolrhpaNed prospective buyare. Broker, cooperating brokers, MLS and Assodat<anslBoarda of REALTORS® are not in�usrs against Injury, theft, loss. van ser or demega attributed to the use o! a �ygg�eRodkbox. Seger does (ot N checked does not) auuthorize Broker to Install a las)laafellodkbox. If Seger rices not Occupy lite Properly, Seger shag be responalble for�Obtalntng oocrpend(s)' written penntsatwh for use of a keyseteifocicboot (CA.R. Foran KLA). 14. SIGN: Seger does (or If checked (3 does not) authorize Broker to Install a FOR SALE/SOLD sign on the Property. 16. EQUAL HOUSING OPPORTUNITY: The Property Is offered M compliance with federal, state and local arrii•dlacrinhtnatlah laws. 16. ATTORNEY FEES: In any action, proceeding or arbitration between Saner and Broker regarding the obligation to payoanp----0-n under this . the Prevailing Seger or Broker shag be entitled to reasonable attorney fees and costs from the non -Prevailing Seller or Brow,exceptas provided in paragraph 20A. 17. ADOMNAL TERMS: A, REO Adhrim listing (CAR. Form REOL) p Short Sala Information and Advisory (CA.R. Form SSIA) 18. MANAGEMENT APPROVAL: If an essodate-licensee In Brokers office (salesperson or broker-assodate) enters Into this AgroomeM on BroWs behalf. and Broker or Manager does not approve of Its terms, Broker or Manager has the right to cancel this Agreement. In wdit within s Days Aper Its exac lion. 19. SUCCESSORS AND ASSIGNS: This Agreement shag be binding upon Seiler and Sepses successors and assigns. CopyftMO 19914019, CALIFORNIA MSOCIAWN OF RFALTORK iNQ RLA REVISED 1 W (PAGE 3 OF 4) Seder. hrtlWls r u RavW'W hhy Daw RESMENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 3 OF 4) 121 pa's smh Juan U 27832 Ortega flighvey Property Address: San Juan Cat>:[strano C'A 92675 Date: Februasv 20, 2013 20. DISPUTE RESOLUTION: A. MEDIATION: Setter and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulling transaction, before resorting to arbitration or court action. Mediation fees, if any. shalt be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action wilhout first attempting to resolve the matter through mediation, or (ii) before comencement of an action, refuses to mediate after a request. has been made, then that party shall not be entitled to recover attorney fees. even if they would othorwiso be available to that party INITIALED. Exclu ions frin any such action. omthis lmediatON ion n agreeme� arespecified paragraph 20C. PLIES B. WHETHER THE ARBITRATION PROVISION IS B. ARBITRATION OF DISPUTES: Sailor and Broker agree that any dispute or claim In Law or equity arising between them regarding the obligation to pay compensation under this Agreement. which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have tho right to discovery In accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered Into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act Exclusions from this arbitration agreement are specified in paragraph 20C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRiAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Sellars Initlaro I Brokers Initials I C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (1) a judicial or nonqudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined In Civil Code §2985; (11) an unlawful detainer action; (ill) the filing or enforcement of a mechanic's lien; and (iv) any matter that Is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. 21. ENTIRE AGREEMENT: All prior discussions, negotiations and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This Agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed In counterparts. By signing below, Seller acknowledges that Seller has read, understands, received a copy of and agrees to the terms of this Agreement, Seller City or San .Tuan Capistrano Date 02/2012013 Address City State Zip Telephone Seller Fax Email Address City Telephone Fax Email Date Slate Zip Real Estate oro F - ORE Lic. # 01901696 By (Agent) ORE Lic. # 01430223 Date 02/20/2013 Address 31931 Camino Capistrano Suito B City Satz Juan Capistrano State CA Zip 92675 Telephone _19491842-0469 Fax (9491 497 -6j --v Email brokercar2oa9amail com THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTOR (CA.R) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL Tips iorm is Ullftble for use by Ute eM0 res, estate industry It rs no1 ww 4ed to identify Arte user as a REALTORS REALTORS is a reWered Ivo membership mark whom may be used ordy by member d the NATIONAL ASSOCIATION OF REALTORSS who subscribe to its Code of Ee6M Pubd and Olstribuled by: REAL ESTATE BUSINESS SERVICES. INC. a subsidiary or the Cohfarraa Aasodahoa arREALTOR981 • 525 South Virgil Avenue. Los Angeles. California 90020 Reviewed by Dale rar �•"� RLA REVISED 11112 (PAGE 4 OF 4) RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 4 OF 4) San Juan Capistrmu .r Today's Date: March 13, 2013 Transmittal Routing (Check All That Apply) 0 City Attorney ✓❑ City Manager ❑✓ City Clerk FINAL CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable): ,_ March 19 ❑✓ Reviewed as to form by City Attorney and date approved Project Manager's Last Name: SalCedo CIP No. (if any): Phone Extension: 6317 APPROVING AUTHORITY: (Check One) ❑✓ Mayor ❑ SACRA Chair ❑ City Manager ❑ Oversight Board Chair ❑ SJCHA Chair Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street CiSt Zi Carlos H.an . 31831 C mlm Capisaano, Unit B San Juan Capisva CA 82816 OTHER INSTRUCTIONS: First Amendment REMAX Encore - Harrison house Form Dma. 9no12 D-7 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of February 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and RE/MAX Encore (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, the City currently desires to retain the services of a professional real estate broker for the marketing and sale of the Harrison House -Parra Adobe property; and, WHEREAS, the Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of professional staffing services as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Consultant specifically shall disclose the existence of historic resources on the property and indicate current zoning of the property as currently permitted uses (without intending to limit the right of any potential buyer to apply for such changes to zoning pursuant to the law as buyer may deem appropriate). Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed at the close of escrow or, no later than August 19, 2013, whichever occurs first, subject to Section 13 (Termination). Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete expenses incidental to services covered by made available at reasonable times to the provided for in Section 14 below. Section 4. Independent Contractor. and accurate records of all costs and this Agreement. These records will be City. Invoices shall be addressed as It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the'event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Indemnity. To the fullest extent permitted by law, Consultant agrees to hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent arising out of, the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The Consultant shall have no responsibility for negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000). 12.3. Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds and respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 12.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Department To Consultant: Carlos Hernandez RE/MAX Encore 31931 Camino Capistrano, Suite B San Juan Capistrano, CA 92675 Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN UAN CAPISTRANO By: Mayor CONSULTANT By: Consultant ATTEST- 0- LALL Clerk APPROVEDAS TOFORM: Carlos Hernandez RNMax Encore 31931 Camino Capistrano Suite B San Juan Capistrano, CA 92675 949-661-7300 949-842-0469 cell November 13, 2012 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Sale of Harrison House and Parra Adobe City of San Juan Capistrano and deciding council members: My name is Carlos Hernandez and 1 am a real estate broker with RE/MAX Encore located here in the city of San Juan Capistrano. Our real estate team, The Hernandez Group, is excited for the opportunity in representing the City, in the sale of the two historical properties the Harrison House and Parra Adobe. In our marketing proposal for this project you will find the following information: —Technical/Specialized qualification of our team —Depth of individual technical expertise in firm —Success in marketing similar desirable residential properties —Approach to marketing —Market schedule to complete work time frames —Demonstration of local knowledge —Letters of Recommendation —Proposed fee relative to the services After reviewing the contract, we the Hernandez Group, do not have a conflict with any of the terms described. We look forward to a sit down interview on Monday November 2616 2012 for further discussion and evaluation, with the hopes of being awarded a listing contract for the successful sale of two wonderful historical properties. Sincerely, Carlos Hernandez %L EXHIBIT A � u Technical/Specialized Qualification of Team The Hernandez Group is a dynamic team of real estate professionals comprised of a family team and associates. Each Team member's unique professional qualities allow for their strengths to be maximized and team objective to be met. This captivating formula has produced a win-win situation for our team and for our clients. We have over 67 years combined experience and are considered to be one of the top real estate sales teams in Orange County. Rosalinda Hernandez was licensed in 1985 and actively began selling real estate 1991. The year 1991 marked a banner year for Rosalinda when she and her small team sold 60 homes! Ironically this was during one of California's worst market droughts. It was during this time The Hernandez Group was formed. Rosalinda was now rooted in Orange County real estate and saw a void that needed to be filled. It was through this void she created a team of experts offering the highest levels of real estate education, marketing and customer service. To this day the Hernandez Group practices and upholds the strong and professional foundation on which it was built upon. rid Carlos Hernandez Vice President of Sales Rosalinda Hernandez Juan Hernandez Leectak, Direcw, VP of Operations `Promotions&.Sales aft Iome4t`Cllent5etvices, NOw I —�1 Business Development and Listing Specialist f3 Melissa Jackson Sandy Garza Marketing Juan Hernandez Administration Broker Jr- ?F/Mk Depth of Individual Technical Expertise in Firm „ "A team alivays out performs an individual. " ;3 Rosalinda Hernandez (Executive Director - Seller specialist) Licensed Broker DRE#: 00897516 Rosalinda has been licensed for 25years and brings a wealth of knowledge and expertise to the business. Rosalinda is known for many qualities that bring Our clients the best results and her clients can attest to Rosalinda's top notch negotiating skills and commitment to customer service. Rosalinda wants to ensure that our clients have all available information at their disposal to make a well-informed decision that is in their best interest. Although real estate never seems to slow down for Rosalinda she still has time to enjoy her Grandchildren and family dinners. Rosalinda is a licensed Real-estate Broker and is a member of the National Association of realtors, California Association of Realtors, Orange County Association of Realtors and is a Certified Distressed Property Expert Realtor. Carlos Hernandez (Vice President of Residential Sales - Seller specialist) Licensed Broker DRE#: 01430223 Carlos brings nearly a decade of Real Estate knowledge and commitment to the team. Carlos understands that the selection of a real estate agent is an extremely It important decision for any prospective client. As such, endeavors to provide each of his clients with both personalized and skilled excellence. He is well -versed in the latest real estate practices and techniques. Therefore, when clients meet Carlos for the first time they logically want to list their homes with him. Carlos brings a certain level of enthusiasm and high energy that gets the results our clients are looking for. Whether he is working with buyers or sellers they will all agree his "can -do" attitude is what gets things done! Carlos considers himself an outdoorsman and with any free time he enjoys fishing, camping, hiking and spending time with his two German Shorthaired Pointers. Carlos is a licensed Real Estate Broker and is a member of the National Association of Realtors, California Association of Realtors, Orange County Association of Realtors and holds a Bachelors Degree from San Diego State University. Juan Hernandez (Vice President of Operations - Seller specialist) Licensed Broker DRE#: 01234089 Juan has been winning clients over with his knowledge and professionalism for 14 years and continues to have an extremely high volume of repeat and referral business for the way he conducts his real estate dealings. Buyers and Sellers love Juan's understanding of market conditions, contracts, and marketing. Clients consider him to be an asset in all aspects of the business, Juan states, "I po understand that each person who walks into my office has individual needs and expectations. 1 strive to take the time to build trust and confidence by listening to each client's needs and educating them on all available and best options for them." When Juan is not selling Real Estate he enjoys building and restoring classic cars. Juan is a licensed Real Estate broker and is a member of the National Association of Realtors, California Association of Realtors, Orange County Association of Realtors. c Melissa Jackson (Marketing Director & New Business Development) Melissa is consistently thinking outside the box and is always creating new and exciting material to maximize our client's results. Melissa is an incredibly detail oriented person and strives for our marketing pieces to look their best. Whether it be property's flyers, online presence or advertising, she offers 0suggestions to make an impact on the consumer. Our clients will agree that we are tremendously lucky to have someone like Melissa on our team. In terms of new business development Melissa leaves no stone unturned and is determined to grow the business leaps and bounds. When Melissa is not working she enjoys ,ngtm,her husband and their two daughters Alexa and Angelic. One can contribute Melissa's detail to marketing with her passion and desire for the many forms of dance. Melissa fell in love with the art form of dance at a very young age and has continued to practice its many art forms to this day. Sandy Gana (Director of Administration & Transaction Coordinator) Licensed Salesperson DRE#: 01217907 Sandy has been with the Hernandez group for over 15 years and has perfected her role in the group. Sandy looks after our client's best interest whether it be meeting deadlines or pushing escrow through until they are closed; she keeps clients in the loop. Sandy assists in verifying that all conditions of the purchase are met in a timely manner and that all required documents and disclosures are -fully executed and all inspections are set within the appropriate time frames. She helps with all the day to day activities she is truly a gem that all Realtors can only wish for. When Sandy is not working she enjoys spending time with her Husband Roy and enjoys riding Harleys! Sandy does herjob at a level 10 and is also a licensed real estate agent. "No real estate agents offering their services to us had as many licensed brokers & licensed agents working on the same team!" Michelle and Matt Tingler— 5 Calle De La Luna San Clemente �I RF/MIS{ 1FF Success in Marketing Similar Desirable Residential Properties 31352 Guadalupe St., S.TC, CA SOLD! r - Steven Bahm 1406 Calle Alcazar, San Clemente, CA 92672 949-521-9275 Hernandez Group represented him as the Seller Sold for $637,000, year built 1930, 3bed, 2bath, 8,040 lot size 31352 Guadalupe St. SJC, CA SOLD! a" Larry and Maggie Landes 31352 Guadalupe Street, San Juan Capistrano, CA 92675 949-981-8312 Hernandez Group represented him as the Buyer Soldfor $637,000, year built 1930, 3 bed, 2bath, 8,040 lot size 31472 La Matanza St., SJC, CA SOLD! Ramiro Aguirre 31472 La Matanza Street, San Juan Capistrano, CA 92675 949-244-1261 Hernandez Group represented him as the Buyer Sold for $555,000, year built 1929, 3bed, 2bath, 6,721 lot size 31321.. Andres. Pico Rd. SJC CA IN ESCROW! Margarita De La Rosa 31321 Andres Pico Road, San Juan Capistrano, CA 92675 805.284-8489 Hernandez Group representing her as the Buyer In Escrow, year built 1926, 2bed/2bath, 6,000 lot size 1 OMk a Approach to Marketing "Ten times the effectiveness working on direct marketing, it's like having a small marketing army!" Direct Marketing (Prospecting) - The physical step in the selling process that identifies potential customers for a home. Prospecting is the search for potential buyers, sellers, Realtors, investors and cooperating real estate firms. We encourage our buyers to buy our listings and encourage Realtors to show our listings. This is our first priority and is what keeps our business moving forward. One might start to realize how important it is to have a team of professionals working for them to handle the many facets of direct marketing (prospecting). The Hernandez Group- Prospects a minimum of 3 hours a day, 5 days a week looking for potential buyers, Realtors, investors or cooperating real estate firms! How do we do it and where do our leads come from? By spending time and energy on the phones, at the doors, at office meeting, or through social media we are constantly networking for our clients. We prospect intensely and spend time qualifying leads generated by our real estate signs, 1 (800) call captures systems, internet, Email blast, mass media campaign, social media marketing and physically door knocking and visiting real estate offices. We are sifting through the leads to find the gold for our clients! Having team members delegated to certain task on a daily basis allows the team to be more efficient and also more effective. 1)Prospecting past client data base. Were you aware that the Hernandez Group has over 1,250 past clients? This data base results in a high number of repeat and referral business, Year-to-date, more than 65% of our business can be attributed to positive word of mouth referrals from past clients. Our goal with our past clients is to keep constant communication with them, letting them know of real estate market updates and also informing them on the wonderful listings we have under contract. We ask to see if they are interested or know of anybody that might be interested in buying your home! 2)Prospecting Surrounding Communities. Were you aware the Hernandez Group sends out 500 Just listed/Just Sold cards anytime they take a listing or get one sold? We also incorporate our 1 (800) call capture system on the postcards to qualify any potential leads for your home. It takes skilled Realtors, like the Hernandez Group, to take prospective clients from the phone to the door to eventually writing an offer. The Hernandez Group does this type of activity on a daily basis. 3) Prospecting Realtors and Reverse Prospecting. The Hernandez Group prospects fellow Realtors letting them know of your great listing by telephone, Email, Office visits, Realtor board meetings and office mailers. Reverse Prospecting is a computer generated profile of tracking which Realtors have sent Emails to their clients about your home via the MLS (Multiple Listing Service). Since we know which agents are sending out emails we keep in constant communication with those agents giving them the latest updates about yo home. ii 76'MgY /10fk�l RF/MIS v 4)Prospecting Realtors who have shown other listings. The Hernandez Group prospects Realtors who have recently shown homes similar to yours and see if their buyers are still available. RE/MAX.com Ultimate Exposure With a global system of nearly 6,300 offices and more than 89,000 sales associated in 84 countries, RE/MAX Affiliates do more business in nearly any neighborhood around the world. Supporting the Agent -to -Agent referral system is a powerful Web -based roster that enables agents to view our profile and biographical details for potential relocation clients. RE/MAX.com is the consumer's gateway to RE/MAX associates, offices and listing worldwide. Now, your home on our agent website can be seen by millions on the internet and consumers have access to useful tools such as mortgage calculators, neighborhood and school information and much more. Every RE/MAX office has a website, as does the region. In 2011, these sites combined generated nearly 4,000,000 unique visitors and continues to grow! uutstanaing Agents. Outstanding( ReSU I LS. 73.1 I 754,J33 34 6]59 85.630 Sotheby's 39 = :. 35 39b16 I +< 550 I 11.795 19.820 I I I '.0t JW2 LI 609.]66 I 50 I 3.252 I 89]19 NOW 43 IN'114 I 12 I, 30AB+ .:2499 `� PmArnlyll 6.2 I 131150 9 1.BA I 56.0M 6♦ 39+,521 I 12 7,955 I 121.011 5.1 399.959 I 2 I 701 2$315 11&E f Sotheby's 39 = :. 35 39b16 I +< 550 I 11.795 19.820 I I I '.0t JW2 RC�iVll�f . Approach to Marketing v You Inpro craigslist (3)1M 110, FRONTDOOR - GoL��Ie yAU(?O! 40M Your ME* M)0ctofjorkMvtcs REAL ESTATE Home 00i tpads.com*ho yY[e Ip fM yam plo[e ?�� Ziilow.com SouthernCal iforniaHomes HomeFinder SecondSpace REALTOP.com �REDFIN I� —> 0 MOVOTO j LI tr u l i a Sawbuck real estate search wx Marketing Schedule to complete work: (Week One) • Order Sign with 1-800 call capture system & install lock box • Recommend any changes to client for highest return on investment prior to listing in the Multiple Listing Service. • Hire professional photographer and videographer for photo and video session of subject property • Submit professional photos and video to Multiple listing Service along with enticing text (Week Two) • Email blast and Social Media campaign with both video/photos and facts sheet to thousands of agents and brokers. • Call to Action with telephone blitz with all Hernandez team members calling thousands of agents and brokers getting them excited about upcoming property and checking for interest levels. • Prepare professional tangible information sheet for any potential buyers and provide detailed information sheet for Brokers • Schedule broker's preview for subject property • Personally invite top selling Brokers to view subject property for their potential clients • Provide refreshments and detailed information about subject property for both buyers and agents • Relay all pertinent feedback from Broker's preview to client from both buyers and Realtors (Weekly until Sold) • Campaign and market the homes on a weekly basis until sold through both direct and indirect marketing. • Professional web & physical presences will be seen and felt through the Hernandez Groups efforts in the successful marketing and sale of these two properties. • Weekly communication concerning any and all feedback regarding marketing and interest • Our proven plan has worked for over 1,000 families and the same dedication and professionalism will be applied here as well! Demonstration of Local Knowledge: Moving to San Juan Capistrano in 1987 has given the Hernandez Group extensive knowledge of the cities values, geography, events and historical heritage. With 25 years of living experience and over 21 years of actual real estate experience here in our city, we believe we are the real estate team that possesses all the qualities the city is looking for. We have been a part of helping hundreds of families move in and out of our city and have gained knowledge and experience with historical properties along the way. Through this firsthand knowledge and experience with historical properties like the Harrison House and Parra Adobe we understand our city's commitment to preserving our wonderful historical heritage. Below you will find local trends on what's happening with our current real estate market here in San Juan Capistrano as of November 12, 2012: Currently there are 72 homes for sale in San Juan Capistrano in all price ranges. Within the last 30 days we had 33 homes sell, which means we have an absorption rate of 2.2 months' supply if no other homes come on the market. Within the last 30 days we had 17 new listings come on the market to replace the 33 homes that sold. Chart and graphs: OActive ■ Sold Last 30 Days O New Listing Last 30 Days "We felt like we had a partner who never thought once about commission or what was in it for them, but instead focused 100% on what was right for us (and the seller). Letters of Recommendation v rr xpomwo rn nn.um i,. ,.npe4xr gr.nap mmrnr. drv. r,,.w.a�.u.w �wr.r..' Wu Fc ari .,rx•e r M1rvx v.xwr.0 Mmwonxratlr•,q ye.n x.v rtv'+. . .ur. a r v i urMwlvvw-b[Mryhiur'mi MvrprteYVW.YrvM N.nri!. nea%�ea• mlN tvc+r^IC rrovMtstr. m,J.V .:u.♦. . ^"^'r'X` "Most impressed with his a ^,n„,„,r*rx,=�M„,• „^^�;„H^.,"' enthusiasm" "We felt like we had a partner who never thought once about commission or what was in it for them, but instead focused 100% on what was right for us (and the seller). v Proposed fee relative to the service provided The selling of these two properties presents some interesting dynamics and challenges that will require a well qualified team to assist in the transaction. These two properties require the proper man power and a high level of dedication in order to be serviced properly. We feel with five licensed real estate agents, four of which hold a broker's license we have the proper team approach, knowledge and experience to get the job done. We would be absolutely honored in helping the city navigate through these challenges. We would recommend a 3% commission to the listing agent and 3% commission for the buyer's agent. We feel offering this commission structure would yield the highest return on investment and would be a fair compensation for all parties involved. r. I IW ,.;. i �uMr �� }� (Of.� • 3G 3/1912013 City of San Juan Capistrano D7 Agenda Report TO: Honorable Mayor at FROM: Karen P. Brust, City Prepared by: Cathy DATE: March 19, 2013 amity Council Services Manage SUBJECT: Consideration of Amendment to the Personal Services Agreement for Provision of Real Estate Broker Services for the Harrison House/Parra Adobe Property (Parcel No. 666-19-18) (RE/MAX Encore). RECOMMENDATION: By motion, approve the Amendment to the Personal Services Agreement for Provision of Real Estate Broker Services for the Harrison House/Parra Adobe Property (Parcel No. 666-19-18) (RE/MAX Encore) and authorize the City Manager to execute disclosures as necessary. EXECUTIVE SUMMARY: The City currently has an Agreement (Attachment 1) in force with RE/MAX Encore to conduct the sale of the City owned property Harrison House/Parra Adobe (Parcel No. 666-19-18) consisting of approximately .35 acres, located at 27762 Ortega Highway. The original Scope of Work did not set a Listing Price for the property. This pricing determination is necessary to establish in order to market the property. RE/MAX Encore conducted research regarding market values and determined that the amount of $450,000 is recommended as the marketing listing price. The broker has also requested inclusion of the standard California Association of Realtors (CAR) Residential Listing Agreement to insure they have complied with State law. Finally, State law requires certain disclosures and staff recommends authorizing the City Manager to execute any such disclosures as needed. DISCUSSION/ANALYSIS: On February 20, 2013, the City Council approved a Personal Services Agreement with RE/MAX Encore for brokerage services. The original Agreement did not include the Listing Price which is the base price for marketing purposes and is used to determine if a commission is due the broker. If the broker procures a buyer offering the Listing Price (or more) during the Listing Agreement term, the broker is entitled to a commission if the sale closes. Staff determined it is necessary to establish this base price with the City Council's approval. The CAR Residential Listing Agreement with the detailed language City Council Agenda Fort March 19, 2013 Page 2 of 2 regarding marketing, broker's fees, and the Listing Price is substituted as Exhibit "A" the "Scope of Work" by this Amendment. The financial terms (i.e., brokerage commission of 6%) have not changed. Staff also recommends that the City Manager be authorized to sign any necessary disclosures or similar documents as needed to facilitate the sale of the property (this authorization does not include execution of a purchase and sale agreement for the property, which will require City Council approval). FISCAL IMPACT: If property is sold pursuant to the Listing Agreement, a six percent (6%) commission will be paid to the broker. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • City Council Meeting — February 20, 2013: City Council approved a Personal Services Agreement with RE/MAX Encore for Real Estate Broker Services. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Carlos Hernandez, RE/MAX Encore ATTACHMENT(S): Attachment 1— Personal Services Agreement dated February 20, 2013 Attachment 2 — Draft First Amendment to Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of February 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and RE/MAX Encore (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, the City currently desires to retain the services of a professional real estate broker for the marketing and sale of the Harrison House -Parra Adobe property; and, WHEREAS, the Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of professional staffing services as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Consultant specifically shall disclose the existence of historic resources on the property and indicate current zoning of the property as currently permitted uses (without intending to limit the right of any potential buyer to apply for such changes to zoning pursuant to the law as buyer may deem appropriate). Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed at the close of escrow or, no later than August 19, 2013, whichever occurs first, subject to Section 13 (Termination). Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed as set forth in Exhibit "A," attached and incorporated herein by reference. ATTACHMENT 1- 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complet expenses incidental to services covered by made available at reasonable times to the provided for in Section 14 below. Section 4. Independent Contractor. e and accurate records of all costs and this Agreement. These records will be City. Invoices shall be addressed as It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section S. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Indemnity. To the fullest extent permitted by law, Consultant agrees to hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent arising out of, the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The Consultant shall have no responsibility for negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall cant', maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000). 12.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds and respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 12.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has Issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Department To Consultant: Carlos Hernandez RE/MAX Encore 31931 Camino Capistrano, Suite B San Juan Capistrano, CA 92675 Section 1 S. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or Interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. SIGNATURES ON NEXT PAGE Mp IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITWOFSMA JUAN CAPISTRANOy: CONSULTANT gy/ Consultant ATTEST i - Clerk T ASTOFORM: y Carlos Hemandm lw rx1 Re/Max Encune Rf/M 31931 Caminu Capistrano Suite B San Juan Capint no, CA 92675 t\'� 949-6617300 I FF 949-842-0469 cell V November 13, 2012 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Sale of Harrison House and Perry Adobe City of San Juan Capistrano and deciding council members: My name is Carlos Hernandez and I am a real estate broker with REIMAX Encore located here in the city of San Juan Capistrano. Our real estate team, The Hernandez Group, is excited for the opportunity in representing the City, in the sale of the two historical properties the Harrison House and Parm Adobe. In our marketing proposal for this project you will find the following information: —Technical/Specialized qualification of our team —Depth of individual technical expertise in firm —Success in marketing similar desirable residential properties —Approach to marketing —Market schedule to complete work time frames —Demonstration of local knowledge —Letters of Recommendation —Proposed fee relative to the services After reviewing the contract, we the Hernandez Group, do not have a conflict with any of the terms described. We look forward to a sit down interview on Monday November 26" 2012 for further discussion and evaluation, with the hopes of being awarded a listing contract for the successful sale of two wonderful historical properties. Sincerely, Carlos Hernandez EXHIBIT A '✓ Technical/Specialized Qualification of Team The Hernandez Group is a dynamic team of real estate professionals comprised of a family team and associates. Each Team member's unique professional qualities allow for their strengths to be maximized and team objective to be met. This captivating formula has produced a win-win situation for our team and for our clients. We have over 67 years combined experience and are considered to be one of the top real estate sales teams in Orange County. Rosalinda Hernandez was licensed in 1995 and actively began selling real estate 1991. The year 1991 marked a banner year for Rosalinda when she and her small team sold 60 homes! Ironically this was during one of California's worst market droughts. It was during this time The Hernandez Group was formed. Rosalinda was now rooted in Orange County real estate and saw a void that needed to be filled. It was through this void she created a team of experts offering the highest levels of real estate education, marketing and customer service. To this day the Hernandez Group practices and upholds the strong and professional foundation on which it was built upon. Carlos I Icmandcr Rosalinda Humandce Juan Hcmandcz Vk, Prcaidcnl of Saks l scmaiv�Dlrcmor VP ofopemlions 15'�ntmumtc & Snlcs ofllmu CI nit 1u w slew I Ba)III m P,,UIOpII, al' IIJ I iming 5pw i1SI Meliasa JuckauaSandy Gurza Marketing Juan Hemandez iiAd Braker miniawtion r3a:db'� __... i' 6i^'.4x.Ya t.kw•c. /Mtn Depth of Individual Technical Expertise in Firm „ A team always outperforms an individual. " Rosalinda Hernandez (Executive Director - Seller specialist) It Licensed Broker DRE#: 00897516 Rosalinda has been licensed for 25years and brings a wealth of knowledge and expertise to the business. Rosalinda is known for many qualities that bring our clients the best results and her clients can attest to Roselinda's top notch negotiating skills and commitment to customer service. Rosalinda wants to ensure that our clients have all available information at their disposal to make a well-informed decision that is in their best interest. Although real estate never seems to slow down for Rosalinda she still has time to enjoy her Grandchildren and family dinners. Rosalinda is a licensed Real-estate Broker and is a member of the National Association of realtors, California Association of Realtors, Orange County Association of Realtors and is a Certified Distressed Property Expert Realtor. Carlos Hernandez (Vice President of Residential Sales - Seller specialist) Licensed Broker DRE#: 01430223 _ Carlos brings nearly a decade of Real Estate knowledge and commitment to the team. Carlos understands that the selection of a real estate agent is an extremely AQIVA important decision for any prospective client. such, endeavors to provide each of his clients with both personalized and skilled excellence. He is well -versed in the latest real estate practices and techniques. Therefore, when clients meet Carlos for the first time they logically want to list their homes with him. Carlos brings a certain level of enthusiasm and high energy that gets the results our clients are looking for. Whether he is working with buyers or sellers they will all agree his "can -do" attitude is what gets things done! Carlos considers himself an outdoorsman and with any free time he enjoys fishing, camping, hiking and spending time with his two German Shorthaired Pointers. Carlos is a licensed Real Estate Broker and is a member of the National Association of Realtors, California Association of Realtors, Orange County Association of Realtors and holds a Bachelors Degree from San Diego State University. duan Hernandez (Vice President of Operations -Seller specialist) ? Licensed Broker DRE#: 01234089 ' Juan has been winning clients over with his knowledge and professionalism for 14 years and continues to have an extremely high volume of repeat and referral At business for the way he conducts his real estate dealings. Buyers and Sellers love Juan's understanding of market conditions, contracts, and marketing. Clients consider him to be an asset in all aspects of the business, Juan states, "I understand that each person who walks into my office has individual needs and expectations. I strive to take the time to build trust and confidence by listening to each client's needs and educating them on all available and best options for them." When Juan is not selling Real Estate he enjoys building and restoring classic cars. Juan is a licensed Real Estate broker and is a member of the National Association of Realtors, California Association of Realtors, Orange County Association of Realtors. 1 - x_ Melissa Jackson (Marketing Director & New Business Development) Melissa is consistently thinking outside the box and is always creating new and exciting material to maximize our client's results. Melissa is an incredibly detail oriented person and strives for our marketing pieces to look their best. Whether it be property's Byers, online presence or advertising, she offers suggestions to make an impact on the consumer. Our clients will agree that we Z�i%-- are tremendously lucky to have someone like Melissa on our team. In terms of new business development Melissa leaves no stone unturned and is determined to grow the business leaps and bounds. When Melissa is not working she enjoys span ing time wn her husband and their two daughters Alexa and Angelic. One can contribute Melissa's detail to marketing with her passion and desire for the many forms of dunce. Melissa fell in love with the art form of dance at a very young age and has continued to practice its many art forms to this day. Sandy Guru (Director of Administration & Transaction Coordinator) kAjLicensed Salesperson DRE#; 01217907 Sandy has been with the Hernandez group for over 15 years and has perfected her role in the group. Sandy looks after our client's best interest whether it be meeting deadlines or pushing escrow through until they are closed; she keeps clients in the loop. Sandy assists in verifying that all conditions of the purchase are met in a timely manner and that all required documents and disclosures are fully executed and all inspections are set within the appropriate time frames. She helps with all the day to day activities she is truly a gem that all Realtors can only wish for. When Sandy is not working she enjoys spending time with her Husband Roy and enjoys riding Harleys! Sandy does herjob at a level 10 and is also a licensed real estate agent. "No real estate agents offering their services to us had as many licensed brokers & licensed agents working on the same team!" Michelle and Malt 7Yngler-- 5 Calle De La Luna San Clemente Success in Marketing Similar Desirable Residential Properties 31352 Guadalupe St., SJC, CA SOLDI Steven Bahm 1406 Calle Aleazar, San Clemente, CA 92672 949-521-9275 Hernandez Group represented him as the Seller Soldfor 5637,000, year built 1930, 3bed, 2bath, 8,040 lot size 31352 Guadalupe SL SJC, CA SOLD! Larry and Maggie Landes 31352 Guadalupe Street, San Juan Capistrano, CA 92675 949-981-8312 Hernandez Group represented him as the Buyer Soldfor 5637,000, year built 1930, 3 bed, 2bath, 8,040 lot size 31472 La Matanza St., SJC, CA SOLD! Ramiro Aguirre �. 31472 La Matanza Street, San Juan Capistrano, CA 92675 949-244-1261 Hernandez Group represented him as the Buyer Solrl for 5555,000, year built 1929, 3bed, 2bath, 6,721 lot size 31321 Andres Pico Rd. SJC CA IN ESCROW! Margarita De La Rosa t31321 Andres Pico Road, San Juan Capistrano, CA 92675 805-284-8489 .-.; Hernandez Group representing her as the Buyer ��. In Escrow, year built 1926, 2bed/2bath, 6,000 lot size r �r ( Orli Ji' Approach to Marketing "Ten times the effectiveness working on direct marketing, it's like having a small marketing army.!" Direct Marketing (Prospecting) - The physical step in the selling process that identifies potential customers for a home. Prospecting is the search for potential buyers, sellers, Realtors, investors and cooperating real estate Rrms. We encourage our buyers to buy our listings and encourage Realtors to show our listings. This is our first priority and is what keeps our business moving forward. One might start to realize how important it is to have a team of professionals working for them to handle the many facets of direct marketing (prospecting). The Hernandez Group- Prospects a minimum of 3 hours a day, 5 days a week looking for potential buyers, Realtors, investors or cooperating real estate firms! How do we do it and when do our leads come from? By spending time and energy on the phones, at the doors, at office meeting, or through social media we are constantly networking for our clients. We prospect intensely and spend time qualifying leads generated by our real estate signs, 1 (800) call captures systems, intemet, Email blast, mass media campaign, social media marketing and physically door knocking and visiting real estate offices. We are sifting through the leads to find the gold for our clients! Having team members delegated to certain task on a daily basis allows the team to be more efficient and also more effective. 1)Prospecting past client data base. Were you aware that the Hernandez Group has over 1,250 past clients? This data base results in a high number of repeat and referral business, Yem-to-date, more than 65% of our business can be attributed to positive word of mouth referrals from past clients. Our goal with our past clients is to keep constant communication with them, letting them know of real estate market updates and also informing them on the wonderful listings we have under contract. We ask to see if they are interested or know of anybody that might be interested in buying your home! 2)Prospecting Surrounding Communities. Were you aware the Hernandez Group sends out 500 Just listed/Just Sold cards anytime they take a listing or get one sold? We also incorporate our 1 (900) call capture system on the postcards to qualify any potential leads for your home. It takes skilled Realtors, like the Hernandez Group, to take prospective clients from the phone to the door to eventually writing an offer. The tlemandez Group does this type of activity on a daily basis. 3) Prospecting Realtors and Reverse Prospecting. The Hernandez Group prospects fellow Realtors letting them know of your great listing by telephone, Email, Office visits, Realtor board meetings and office mailers. Reverse Prospecting is a computer generated profile of tracking which Realtors have sent Entails to their clients about your home via the MLS (Multiple Listing Service). Since we know which agents are sending out emails we keep in constant communication with those agents giving them the latest updates about yo r home. fr. Ali M Rf/Mfg 4)Prospecting Realtors who have shown other listings. The Hernandez Group prospects Realtors who have recently shown homes similar to yours and see it their buyers are still available. RE/MAX,com Ultimate Exposure With a global system of nearly 6,300 offices and more than 89,000 sales associated in 84 countries, RE/MAX Affiliates do more business in nearly any neighborhood around the world. Supporting the Agent -to -Agent referral system is a powerful Web -based roster that enables agents to view our profile and biographical details for potential relocation clients. RE/MAX.com is the consumer's gateway to RE/MAX associates, offices and listing worldwide. Now, your home on our agent website can be seen by millions on the internet and consumers have access to useful tools such as mortgage calculators, neighborhood and school information and much more. Every REIMAX office has a website, as does the region. In 2011, these sites combined generated nearly 4,000,000 unique visitors and continues to grow! Outstanding Agents. Outstandina keSultS. 13.1 754,333 e4 6.559 09.619 o� al I M9965 60 5935 tiv.IH Y t IS It \ 101.114 91 ]a% I JJA\41' . PrWlrnlhtl 6.> I 30Y.10 I I 1.810 56NY 1 I� J ® r 394591 I 72 I 2 v55 I 171.011 I l ARS 51 I 1.91,959 I ] I %GI I 19315 alllrul Sotheby's 39 39.016 I an 50 I II7N, 5 I 196'0 I I 101 I 7= I P til. .ti i. \ RPM Approach to Marketing ROMWO . , , You crail gslist ® I1 FRONTDOOR Glop axle YAHOOS Your own* ix,exciuvorkatnes REAL ESTATE Home hotpads.com VVVVVV000000�����"''''����00��''1111 ��•�^�^�^^�^•�.^ 411etee' ZIllOW.00111 Yam W gn In P.P [Sqe 0 SouthernCaliforniaHomes TMIF HomeFinder . 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Rf/MAk\ Marketing Schedule to complete work: (Week One) • Order Sign with 1-800 call capture system & install lock box • Recommend any changes to client for highest return on investment prior to listing in the Multiple Listing Service. • Hire professional photographer and videographer for photo and video session of subject property • Submit professional photos and video to Multiple listing Service along with enticing text (Week Two) • Email blast and Social Media campaign with both video/photos and facts sheet to thousands of agents and brokers. • Call to Action with telephone blitz with all Hernandez team members calling thousands of agents and brokers getting them excited about upcoming property and checking for interest levels. • Prepare professional tangible information sheet for any potential buyers and provide detailed information sheet for Brokers • Schedule broker's preview for subject property • Personally invite top selling Brokers to view subject property for their potential clients • Provide refreshments and detailed information about subject property for both buyers and agents • Relay all pertinent feedback from Broker's preview to client from both buyers and Realtors (Weekly until Sold) • Campaign and market the homes on a weekly basis until sold through both direct and indirect marketing. • Professional web & physical presences will be seen and felt through the Hernandez Groups efforts in the successful marketing and sale of these two properties. • Weekly communication concerning any and all feedback regarding marketing and interest • Our proven plan has worked for over 1,000 families and the same dedication and professionalism will be applied here as well! � / kt 6- Demonstration of Local Knowledge: Moving to San Juan Capistrano in 1987 has given the Hernandez Group extensive knowledge of the cities values, geography, events and historical heritage. With 25 years of living experience and over 21 years of actual real estate experience here in our city, we believe we are the real estate team that possesses all the qualities the city is looking for. We have been a part of helping hundreds of families move in and out of our city and have gained knowledge and experience with historical properties along the way. Through this firsthand knowledge and experience with historical properties like the Harrison House and Parra Adobe we understand our city's commitment to preserving our wonderful historical heritage. Below you will find local trends on what's happening with our current real estate market here in San Juan Capistrano as of November 12, 2012: Currently there are 72 homes for sale in San Juan Capistrano in all price ranges. Within the last 30 days we had 33 homes sell, which means we have an absorption rate of 2.2 months' supply if no other homes come on the market. Within the last 30 days we had 17 new listings come on the market to replace the 33 homes that sold. Chart and graphs: O Active ■ Sold Last 30 Days O New Listing Last 30 Days t�RHMtk #1 OWN( Letters of Recommendation "We lelt like we had a partner who never !� thought once about commission or what was in it for them, but instead focused 100% on what was right for us (and the seller). 1 °Yt � ?f/Mk Proposed fee relative to the service provided The selling of these two properties presents some interesting dynamics and challenges that will require a well qualified team to assist in the transaction. These two properties require the proper man power and a high level of dedication in order to be serviced properly. We feel with five licensed real estate agents, four of which hold a broker's license we have the proper team approach, knowledge and experience to get the job done. We would be absolutely honored in helping the city navigate through these challenges. We would recommend a 3% commission to the listing agent and 3% commission for the buyer's agent. We feel offering this commission structure would yield the highest return on investment and would be a fair compensation for all parties involved. CA «.n F16�'tlk i FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and RE/MAX Encore ("Consultant") is made and entered into, to be effective the 20th day of March 2013, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated February 20, 2013, for professional real estate broker services for the marketing and sale of the Harrison House -Para Adobe property located at 27762 Ortega Highway (APN: 666-19-18) (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided herein. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, the City and Consultant agree to the Agreement as follows: Section 1. Exhibit "A" to the Agreement is hereby replaced in its entirety with Exhibit "A" to this First Amendment and made a part of the Agreement. Section 2. The City Manager is authorized to execute all necessary documents to facilitate the marketing of the Property, such as disclosures required or reasonably necessary. The City Manager's authority does not extend to approving or entering into a purchase and sale agreement. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] -1- ATTACHMENT2 CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor ATTEST: By: Maria Morris, City Clerk APPROVED AS TO F M: BY: Hans Van Rigten, City Attorney CONSULTANT: 0 -2- V 1181HX3 4"90 Aq PORM oa (—= (�) alell<u! 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EToa 6T :2;ononv Stop) uo • s OUIPU 091018.) esoaq,? (, a �a11eS� (zw« P"I"M'vu uU021 •SYD) (1105 o3 iyBlb pus uo13wVo430V sAleniox3) MW33HOV JNUS11 WIN30193a (1000) Z :se pequ0sep'elwoJ118J jo f4unOD 0 alge0oMW s "Ienpxe e4; xe� (slop) Bu}uulBeq slusi8 pus SA01dwe Agat94 :1138 01INJIa amenion aSZIO1IV3Z[ 30 N011VIDOSsd dINM 0 d I I v 0 27032 Ortega JUghway Property Address: San Jbaa Caralatsaao. CA 92675 Date: Febrcragy 20, 2013 S. OWNERSHIP, TITLE AND AUTHORITY: Seger warrants that: 0) Seller is the owner of the Property; 0h no other persons or entities have titre to the Property; and 011) Seger has the authority to both execute this Agreement and sell the Property. Exceptions to ownership, We and authority are as follows: S. MULTIPLE LISTING SERVICE: All terms of the transaction, Including financing, If applicable, will be provided to the selected MLS for publication, dlsseminstion and use by persons and entities on terms approved by the MLS. Seller acknowledges that Broker is required to comply with all applicable MLS rules as a condition of entry of the listing Into the MLS and Seller authorizes Broker to comply with all applicable MLS rules. MLS rules require that the listing sales price be reported to the MLS. MLS rules allow MLS date to be made available by the MLS to additional Internet sites unless Broker gives the MLS Instructions to the contrary. MLS rules generally provide that residential real property and vacant lot listings be submitted to the MLS within 48 hours or some other period of time after all necessary signatures have been obtained on the listing agreement. However, Broker will not have to submit this listing to the MLS if, within that time. Broker submits to the MLS a form signed by Seller (CAR. Form SEL or the locally required form). Information that can be excluded: A. Internet Display: (1) Seger can Instruct Broker to have the MLS not display the Property on the IntereL Seger understands that this would mean consumers searching for listings on the Internet may not see Information about the Property in response to their search; (2) Seller can Instruct Broker to have the MLS not display the Property address on the Internet. Seller understands that this would mean consumers searching for listings on the Internet may not see the Property's address In response to their search. B. Features on MLS Participant and Subscriber Websites: (1) Seller can instruct Broker to advise the MLS that Seiler does not want vlshors to MLS Participant or Subscriber Webettes that display the Property listing to have (t) the ability to write comments or reviews about the Property on those sites; or (11) the ability to hyperlink to another site containing such comments or reviews N the hyperlink Is In Immediate conjunction with the Property. Seller understands (f) that this opt-out applies only to Websites of MLS Participants and Subscribers who are real estate broker and agent members of the MLS; (ii) that other Internet sites may or may not have the features set forth herein; and (III) that neither Broker nor the MLS may have the ability to control or bkx k such features on other Intemet sites. (2) Seller can Instruct Broker to advise the MLS that Seller does not want MLS Participant or Subscriber Websites that display the Property listing to operate (1) an automated estimate of the market value of the Property; or (ti) have the ability to hyperlink to another site containing such automated estimate of value if the hyperlink is in immediate conjunction with the Property. Seiler understands (1) that this opt-out applies only to Websites of MLS Participants and Subscribers who are real estate brokers and agent members of the MLS; 0i) that other Internet sites may or may not have the features set forth herein; and (Ili) that neither Broker nor the MLS may have the ability to control or block such features on other Internet sites. Seller acknowledges that for any of the above opt-out Instructions to be effective. Seger must make them On a separate instruction to Broker signed by Seller (CAR. Form SEL or the locally required form). information about this listing wail be provided to the MLS of Broker's selection unless a form Instructing Broker to withhold the listing from the MLS Is attached to this listing Agreement. 7. SELLER REPRESENTATIONS: Seller represents that, unless otherwise specified In writing, Seller Is unaware of: 01 any Notice of Default recorded against the Property; (11) any delinquent amounts due under any loan secured by, or other obligation affecting, the Property; (111) any bankruptcy, insolvency or similar proceeding affecting the Property; (Iv) any litigation. arbitration, administrative action, government Investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to transfer I% and (v) any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker in writing If Seller becomes aware of any of these items during the Usting Period or any extension thereof. 8. BROKER'S AND SELLER'S DUTIES: (a) Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless Seller gives Broker written Instructions to the contrary, Broker Is authorized to (t) order reports and disclosures necessary, 00 advertise and market the Property by any method and in any medium selected by Broker, including MLS and the Intemet, and, to the extent permitted by these media, control the dissemination of the Information submitted to any medium: and 011) disclose to any real estate licensee making an Inquiry the receipt of any offers an the Property and the offering price of such Offers. (b) Seller agrees to consider offers presented by Broker, and to act In good faith to accomplish the sale of the Property by. among other things, making the Property available for showing at reasonable times and referring to Broker all Inquiries of any parry Interested In the Property. Seger Is responsible for determining at what price to list and seg the Property. Seller further agrees to IndemnNy, defend and hold Broker harmless from all claims, disputes, litigation, judgments attorney fees and costs arising from any Incorrect Information supplied by Seller, or from any material facts that Seller knows but falls to disclose. 9. DEPOSIT: Broker Is authorized to accept and hold on Seller's behalf any deposits to be applied toward the purchase price. 10. AGENCY RELATIONSHIPS: A. Disclosure: If the Property Includes residential property with one-to-four dwelling units, Seller shag receive a 'Disclosure Regarding Agency Relationships' (CAR. Form AD) prior to entering into this Agreement. S. Seller Representation: Broker shall represent Seller in any resulting transaction, except as specified in paragraph 4F. CoMighte 1991-2012. CAUFORMAASSOCiAMON OF REALTORS®. INC. Selees Initials ( if 1 t;r 1 RLA REVISED 11H2 (PAGE 2 OF 4) Re UWW by oats wmnvm RESIDENTIAL. LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 2 OF 4) San Juan 27832 Ortega JUghway Property Address: Baa Jean Ca>,38ltr wo, CA 92675 Data: February 20, 2023 C. Possible Dual Agency With Buyer. Depending upon the circumstances, it may be necessary or appropriate for Broker to act as an agent for both Setter and buyer, exchange party, or one or more additional parties rBuyen. Broker shag. as soon as practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer Is procured directly by Broker or an associate licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller and Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional patties for services rendered, provided there Is disclosure to all parties of such agency and compensation. Seller understands and agrees that: (1) Broker, without the prior written consent of Seger, will not disclose to Buyer that Seller Is willing to sell the Property at a price less than the gating price; (ii) Broker. without the prior written consent of Buyer, will not disclose to Seller that Buyer is "Ing to pay a pry greater than the offered price; and #11) except for m and Cul above, a dual agent ;s obligated to disclose known tads materially affecting the value or desirability of the Property to both parties. D. Other Sellers: Seiler understands that Broker Wray have or obtain listings on other properties, and that potential buyers may consider. make otters on, or purchase through Broker, property the same as or similar to Seller's Property. Seller consents to Broker's representation of sellers and buyers of other properties before, during and after the end of this Agreement. E Confirmation: If the Property includes residential property with one-to-fcur dwelling units. Broker shall confirm the agency relationship described above, or as modified. In writing, prior to or concurrent with Seller's execution of a purchase agreement 11. SECURITY AND INSURANCE: Broker Is not responsible for loss of or damage to personal or real property, or person, whether attributable to use of a keysateRocicbox, a showing of the Property, or otherwise. Third parties. Including, but not limited to. appraisers, Inspectors. brokers and prospective buyers, may have access to, and take videos and photographs of, the Interior of the Property. Seger agrees: to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property; and (li to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Seller. 12 PHOTOGRAPHS AND INTERNET ADVERTISING: A. in order to effectively market the Property for sale It Is often necessary to provide photographs, virtual tours and other media to buyers. Seller agrees (or O If checked, does not agree) that Broker may photograph or otherwise electronically capture Images of the exterior and Interior of the Propertyrlmages1 for static and/or virtual tours of the Property by buyers and others an Broker's website, the MLS, and other marketing atlas Seller acknowledges that once Images are placed on the Internet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the Images, or how long such images may remain available on the Internet. Seller further agrees that such Images are the property of Broker and that Broker may use such Images for advertisement of Broker's business in the future. IL Seller acknowledges that prospective buyers and/or other parsons coming onto the Property may take photographs, videos or other images of the Property. Seller understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. of checked) p Seller Instructs Broker to publish In the MLS that taking of Images is limited to those persons preparing Appraisal or Inspection reports. Seller acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting Instruction in the MLS or who take Images regardless of any Ilmalrcg instruction in the MLS. Once Images are taken and/or put Into electronic display on the Internet or otherwise, neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images. 13. KEYSAFEILOCKBOX: A keysafellockbox Is designed to hold a key to the Property to permit access to the Property by Broker, cooperating brokers, MLS participants, their authorized licensees and representatives. authorized inspectors, and accompanied prospective buyers. Broker, cooperating brokers, MLS and Assoclati ns/Bomds of REALTORS® area not Insurers against injury, tto hen, tall avkeyse�odkbox. or if Se1�bdoesed t not occupe use ythe the Property, SSellerr shag beSeger sresponsible r if amfo obtaindoeing ac upant�s)' Bwrroitten permisslon for use of a keysafe/bckbox (C.A.R. Foran KLA). 14. SIGN: Seller does (or If checked 13 does not) authorize Broker to Install a FOR SALEiSOLD sign on the Property. 15. EQUAL HOUSING OPPORTUNITY: The Property Is offered In compliance with federal, state and local ani -discrimination laws. it ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay ccmpensation under this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-pneveging Seger or Broker, except as provided In paragraph 20A. 17. ADDITIONAL TERMS: Q REO Advisory Listing (CAR. Form REOL) ❑ Short Sale Information and Advisory (CA.R. Form SSIA) 18. MANAGEMENT APPROVAL: If an assodate-licensee in Broker's office (salesperson or broker-assoclate) enters Into this Agreement on Brokers behalf, and Broker or Manager does not approve of its terns. Broker or Manager has the right to cancel this Agreement. In writing, within 5 Days After its execution. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon Seller and Sellers successors and assigns. ConrnOO 11M.M12. CALIFORNIAASSOCIATION OF REALTORS& mxC. Ballet's insists (_� (�� ,. RLA REVISED 11112 (PAGE 3 OF 4) Rov`ewal by Care.r RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 3 OF 4) son JUM 27832 Ortega Highway Property Address: San Juan Capistrano, CA 92675 Date: February 20, 2013 20. DISPUTE RESOLUTION: A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (1) commences an action without first attempting to resolve the matter through mediation, or (ii) before comencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 20C. B. ARBITRATION OF DISPUTES: Seller and Broker agree that any dispute or claim In Law or equity arising between them regarding the obligation to pay compensation under this Agreement, which Is not sottied through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery In accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration AcL Exclusions from this arbitration agreement aro specified in paragraph 20C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RiGHTS YOU MIGHT POSSESS TO HAVE THE DiSPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GiVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." sopors Initials / Brokoes Initials f C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (1) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (tt) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that Is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership. Injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. 21. ENTIRE AGREEMENT: All prior discussions, negotiations and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This Agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed in counterparts. By signing below, Seller acknowledges that Seller has read, understands, received a copy of and agrees to the terms of this Agreement. Seller City of San Juan Capistrano Date 02/20/2023 Address City State Zip Telephone Fax Email Seller Date Address City State Zip Telephone Fax Email Real Estate Brol iiire DRE Lic. # n19o4696 By (Agent) DRE Lic. # 01430223 Date 02120/2013 Address 31931 Camino Captstrano Suite B City San Juan Capistrano State CA Zip 92675 Telephone 19491842-0469 Fax (94.9)487-6117 Email brokercarlos email com THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORUCA R). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL - This karm is avadabte for use by the entire real estate industry It is not intended to Wendy the user as a REALTORO REALTORS is a regaterea cotteove membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSS who subscribe to its Code or Ethics Published and Distributed by: REAL ESTATE BUSINESS SERVICES. INC. 2 c a subsidiary of tho California Association of REAL TORSO Reviewed by_Date • 525 South Virgil Avenue. Los Angeles, California 90020 RLA REVISED 11112 (PAGE 4 OF 4) RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 4 OF 4) %an Tuan C'apislrnnr 32400 PASEO AOELANTO SAN JUAN CAMSTRANO. CA 92675 194914931171 (949) 4931053 FAr. NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAN ATO RML S.M. uMVY.RA4ER JOHN TAnM JOHN LAYLpi The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 19, 2013, in the City Council Chamber in City Hall, to consider. "Consideration of Amendment to the Personal Services Agreement for Provision of Real Estate Broker Services for the Harrison House/Parra Adobe Property (Parcel No. 666-19-18) (RE/MAX Encore)." — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 18, 2013, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Cathy Salcedo, Executive Services Manager. You may contact that staff member at (949) 443-6317 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaoistrano.om. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: ciVmlerk(a) sa n i uancaoistrano.org. Maria Morris, CMC City Clerk cc: Carlos Hernandez, RE/MAX Encore San Joon Cupistrana: Pty -serving the Paw to Enhance the Future u 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL TO: Carlos Hernandez RE/MAX Encore 31931 Camino Capistrano, Unit B San Juan Capistrano, CA 92675 DATE: April 30, 2013 '/, IIGIGt11I1 � ISItIIiSt(1 � �gs� 1"6 FROM: Manny Ruelas, Office Assistant (949) 443-6308 MEMBERS OF THE CRY COUNCIL SAM ALLEVATO ROY L. BYRNES. M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Amendment No. 1 to Personal Services Agreement — Professional Real Estate Broker Services for marketing and sale of the Harrison -House Parra Adobe property located at 27762 Ortega Highway Enclosed: Please find (1) Amendment to Personal Services Agreement for Professional Real Estate Broker Services for Marketing and Sale of the Harrison -House Parra Adobe property located at 27762 Ortega Highway If you have questions concerning the agreement, please contact Cathy Salcedo, Executive Service Manager at (949) 443-6317. Enclosed is an original agreement for your records. Cc: Cathy Salcedo, Executive Services Manager San Juan Capistt`ano: Preserving the Past to Enhance the Future 110 Primed on 10096 recycled paper City of San Juan Capistrano Agenda Report TO: Honorable Mayor and City Council Members FROM: Mayor John Taylor Council Member Larry Kram Karen P. Brust, City Mapa� Prepared by: Cathy Salted , Executive Services Manage& DATE: February 19, 2013 2/1912013 SUBJECT: Consideration of a Personal Services Agreement for Provision of Real Estate Broker Services for the Harrison House/Parra Adobe Property (Parcel No. 666-19-18) (REIMAX Encore). RECOMMENDATION: By motion, approve the Personal Services Agreement for provision of real estate broker services with RE/MAX Encore to commence on February 20, 2013, and remain in effect for a period of six (6) months or until terminated by the City or RE/MAX Encore. EXECUTIVE SUMMARY: The City of San Juan Capistrano desires to contract with a professional real estate brokerage firm in order to conduct the sale of the Harrison House/Parra Adobe property (Parcel No. 666-19-18) consisting of approximately .35 acres, located at 27762 Ortega Highway. Proposals from two professional real estate brokerage firms were recently solicited via a Request For Proposals (RFP) released on October 18, 2012. The City Council Real -Property Subcommittee interviewed the two brokerage firms on November 26, 2012, and conducted a follow-up interview on January 3, 2013, and recommends entering into an Agreement for Provision of Real Estate Services with RE/MAX Encore. DISCUSSION/ANALYSIS: To ensure the City receives competitive real estate broker services, the City Council directed staff to solicit proposals via an RFP process. A total of two proposals were received, one from RE/MAX Encore and one from Cushman & Wakefield/Canaday Group (Attachment 1). The City Council Real -Property Subcommittee, consisting of Mayor John Taylor and City Council Member Larry Kramer with the City Manager, reviewed the proposals and interviewed each firm's representatives. After careful consideration of each firm's experience and proposed marketing approach, the City Council Agenda�K`6port February 19, 2013 Page 2 of 2 Subcommittee is recommending RE/MAX Encore to represent the City in the sale of the Harrison House and Parra Adobe property. The Agreement with RE/MAX Encore will commence on February 20, 2013, (Attachment 2) and will remain in effect until terminated by the City or RE/MAX Encore. RE/MAX Encore will serve as the primary brokerage firm and Rosalinda Hernandez, Executive Director, and Carlos Hernandez, Vice President of Sales, will serve as the primary contacts for the listing. Ms. Hernandez and Mr. Hernandez are well qualified for the position as described in the RE/MAX Encore attached proposal (Attachment 1, Exhibit A). FISCAL IMPACT: The Agreement compensates RE/MAX Encore 6% of the sales price. In the event the buyer is represented by a broker other than the listing team, that broker would receive 3% and the RE/MAX Encore brokers would receive 3%. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Rosalinda Hernandez, RE/MAX Encore Carlos Hernandez, RE/MAX Encore Alex Hayden, Cushman & Wakefield Lee Ann Canaday, Canaday Group ATTACHMENT(S): Attachment 1 - Proposals and Statements of Qualifications Attachment 2 — Draft Personal Service Agreement for Real Estate Broker Services RF/Mk UF November 13, 2012 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Sale of Harrison House and Parra Adobe City of San Juan Capistrano and deciding council members: Carlos Hernandez Re/Max Encore 31931 Camino Capistrano Suite IS San Juan Capistrano, CA 92675 949-661-7300 949-842-0469 cell My name is Carlos Hernandez and 1 am a real estate broker with RE/MAX Encore located here in the city of San Juan Capistrano. Our real estate team, The Hernandez Group, is excited I -or the opportunity in representing the City, in the sale of the two historical properties the Harrison House and Parra Adobe. In our marketing proposal for this project you will find the following information: rechnical/Specialized qualification of our team —Depth of individual technical expertise in firm —Success in marketing similar desirable residential properties —Approach to marketing —Markel schedule to complete work time frames —Demonstration of local knowledge —Letters of Recommendation —Proposed fee relative to the services After reviewing the contract, we the Hernandez Group, do not have a conflict with any of the terms described. We look forward to a sit down interview on Monday November 26ih 2012 for further discussion and evaluation, with the hopes of being awarded a listing contract for the successful sale of two wonderful historical properties. Sincerely, Carlos Hernandez EXHIBIT A ATTACHMENTI I W A Technical/Specialized Qualification of Team The Hernandez Group is a dynamic team of real estate professionals comprised of a family team and associates. Each Team member's unique professional qualities allow for their strengths to be maximized and team objective to be met. This captivating formula has produced a win-win situation for our team and for our clients. We have over 67 years combined experience and are considered to be one of the top real estate sales teams in Orange County. Rosalinda Hernandez was licensed in 1985 and actively began selling real estate 1991. The year 1991 marked a banner year for Rosalinda when she and her small team sold 60 homes! Ironically this was during one of California's worst market droughts. It was during this time The Hernandez Group was formed. Rosalinda was now rooted in Orange County real estate and saw a void that needed to be filled. It was through this void she created a team of experts offering the highest levels of real estate education, marketing and customer service. To this day the Hernandez Group practices and upholds the strong and professional foundation on which it was built upon. Melissa Jackson sandy Garza Marketing Juan Hernandez Administration Broker Carlos Hernandez Vice President of Sales Rosalinda tlernandci Juan Hernandez Bsecwic�Dlrcanr VI ol'Operetions romolinns d*. Sales o(Hnmes. Client Samviccp. New lhmun ss Devcltprnenl and A.Aine Specialist Melissa Jackson sandy Garza Marketing Juan Hernandez Administration Broker Depth of Individual Technical Expertise in Firm „ "A leant always out performs an individual. " Rosalinda Hernandez (Executive Director - Seller specialist) : Licensed Broker DRE#: 00897516 Rosalinda has been licensed for 25years and brings a wealth of knowledge and i expertise to the business. Rosalinda is known for many qualities that bring our clients the best results and her clients can attest to Rosalinda's top notch negotiating skills and commitment to customer service. Rosalinda wants to ensure that our clients have all available information at their disposal to make a well-informed decision that is in their best interest. Although real estate never seems to s ow down for Rosalinda she still has time to enjoy her Grandchildren and family dinners. Rosalinda is a licensed Real-estate Broker and is a member of the National Association of realtors, California Association of Realtors, Orange County Association of Realtors and is a Certified Distressed Property Expert Realtor. Carlos Hernandez (Vice President of Residential Sales - Seller specialist) Licensed Broker DRE#: 01430223 Carlos brings nearly a decade of Real Estate knowledge and commitment to the team. Carlos understands that the selection of a real estate agent is an extremely Mimportant decision for any prospective client. As such, he endeavors to provide each of his clients with both personalized and skilled excellence. He is well -versed in the latest real estate practices and techniques. Therefore, when clients meet Carlos for the first time they logically want to list their homes with him. Carlos brings a certain level of enthusiasm and high energy that gets the results our clients are looking for. Whether he is working with buyers or sellers they will all agree his "can -do" attitude is what gets things done! Carlos considers himself an outdoorsman and with any free time he enjoys fishing, camping, hiking and spending time with his two German Shorthaired Pointers. Carlos is a licensed Real Estate Broker and is a member of the National Association of Realtors, California Association of Realtors, Orange County Association of Realtors and holds a Bachelors Degree from San Diego State University. ! Juan Hernandez (Vice President of Operations - Seller specialist) Licensed Broker DRE#: 01234089 roJuan has been winning clients over with his knowledge and professionalism for 14 years and continues to have an extremely high volume of repeat and referral business for the way he conducts his real estate dealings. Buyers and Sellers love Juan's understanding of market conditions, contracts, and marketing. Clients consider him to be an asset in all aspects of the business, Juan states, "I understand that each person who walks into my office has individual needs and expectations. I strive to take the time to build trust and confidence by listening to each client's needs and educating them on all available and best options for them." When Juan is not selling Real Estate he enjoys building and restoring classic cars. Juan is a licensed Real Estate broker and is a member of the National Association of Realtors, California Association of Realtors, Orange County Association of Realtors. !P1 Melissa Jackson (Marketing Director & New Business Development) Melissa is consistently thinking outside the box and is always creating new and exciting material to maximize our client's results. Melissa is an incredibly detail oriented person and strives for our marketing pieces to look their best. Whether it be property's flyers, online presence or advertising, she offers suggestions to make an impact on the consumer. Our clients will agree that we are tremendously lucky to have someone like Melissa on our team. In terms of new business development Melissa leaves no stone unturned and is determined to grow the business leaps and bounds. When Melissa is not working she enjoys span mg time wrt her husband and their two daughters Alexa and Angelic. One can contribute Melissa's detail to marketing with her passion and desire for the many forms of dance. Melissa fell in love with the art form of dance at a very young age and has continued to practice its many art forms to this day. Sandy Garza (Director of Administration & Transaction Coordinator) Licensed Salesperson DRE#: 01217907 Sandy has been with the Hernandez group for over 15 years and has perfected her role in the group. Sandy looks after our client's best interest whether it be meeting deadlines or pushing escrow through until they are closed; she keeps clients in the loop. Sandy assists in verifying that all conditions of the purchase are met in a timely manner and that all required documents and disclosures are fully executed and all inspections are set within the appropriate time frames. She helps with all the day to day activities she is truly a gem that all Realtors can only wish for. When Sandy is not working she enjoys spending time with her Husband Roy and enjoys riding Harleys! Sandy does herjob at a level 10 and is also a licensed real estate agent. "No real estate agents offering their services to us had as many licensed brokers & licensed agents working on the same team! " Michelle and Matt Tingler- 5 Calle De La Luna San Clemente A' 1 z;l A I- Success in Marketing Similar Desirable Residential Properties 31352 Guadalupe St., SJC, CA SOLD! Steven Bahm 1406 Calle Alcazar, San Clemente, CA 92672 MOIL— at 949-521-9275 Hernandez Group represented him as the Seller Sold for 5637,000, year built 1930, 3bed, 2bath, 8,040 lot size SOLD! Larry and Maggie Landes 31352 Guadalupe Street, San Juan Capistrano, CA 92675 949-981-8312 Hernandez Group represented him as the Buyer Sold for 5637,000, year built 1930, 3 bed, 2bath, 8,040 lot size 31472 La Mat:mza SOLD! Ramiro Aguirre 31472 La Matanza Street, San Juan Capistrano, CA 92675 949-244-1261 Hernandez Group represented him as the Buyer Sold for $555,000, year built 1929, 3bed, 2bath, 6,721 lot size CA IN ESCROW! Margarita De La Rosa 31321 Andres Pico Road, San Juan Capistrano, CA 92675 805-284-8489 Hernandez Group representing her as the Buyer In Escrow, year built 1926, 2bed/2bath, 6,000 lot size r- 1 2uM5t WM&( Approach to Marketing "Ten times the effectiveness working on direct marketing, ifs like having a small marketing army!" Direct Marketing (Prospecting) - The physical step in the selling process that identifies potential customers for a home. Prospecting is the search for potential buyers, sellers, Realtors, investors and cooperating real estate firms. We encourage our buyers to buy our listings and encourage Realtors to show our listings. This is our first priority and is what keeps our business moving forward. One might start to realize how important it is to have a team of professionals working for them to handle the many facets of direct marketing (prospecting). The Hernandez Group- Prospects a minimum of 3 hours a day, 5 days a week looking for potential buyers, Realtors, investors or cooperating real estate firms! How do we do it and where do our leads come from? By spending time and energy on the phones, at the doors, at office meeting, of through social media we are constantly networking for our clients. We prospect intensely and spend time qualifying leads generated by our real estate signs, 1 (800) call captures systems, internet, Email blast, mass media campaign, social media marketing and physically door knocking and visiting real estate offices. We are sifting through the leads to find the gold for our clients! Having team members delegated to certain task on a daily basis allows the team to be more efficient and also more effective. 1)Prospecting past client data base. Were you aware that the Hernandez Group has over 1,250 past clients? This data base results in a high number of repeat and referral business, Year-to-date, more than 65% of our business can be attributed to positive word of mouth referrals from past clients. Our goal with our past clients is to keep constant communication with them, letting them know of real estate market updates and also informing them on the wonderful listings we have under contract. We ask to see if they are interested or know of anybody that might be interested in buying your home! 2)Prospeeting Surrounding Communities. Were you aware the Hernandez Group sends out 500 Just listed/Just Sold cards anytime they take a listing or get one sold? We also incorporate our 1 (800) call capture system on the postcards to qualify any potential leads for your home. It takes skilled Realtors, like the Hernandez Group, to take prospective clients from the phone to the door to eventually writing an offer. The Hernandez Group does this type of activity on a daily basis. 3) Prospecting Realtors and Reverse Prospecting. The Hernandez Group prospects fellow Realtors letting them know of your great listing by telephone, Email, Office visits, Realtor board meetings and office mailers. Reverse Prospecting is a computer generated profile of tracking which Realtors have sent Entails to their clients about your home via the MLS (Multiple Listing Service). Since we know which agents are sending out emails we keep in constant communication with those agents giving them the latest updates about yo home.pNMk R04k v 4)Prospecting Realtors who have shown other listings. The Hernandez Group prospects Realtors who have recently shown homes similar to yours and see if their buyers are still available. RE/MAX.com Ultimate Exposure With a global system of nearly 6,300 offices and more than 89,000 sales associated in 84 countries, RE/MAX Affiliates do more business in nearly any neighborhood around the world. Supporting the Agent -to -Agent referral system is a powerful Web -based rostdr that enables agents to view our profile and biographical details for potential relocation clients. RE/MAX.com is the consumer's gateway to RE/MAX associates, offices and listing worldwide. Now, your home on our agent website can be seen by millions on the intemet and consumers have access to useful tools such as mortgage calculators, neighborhood and school information and much more. Every RE/MAX office has a website, as does the region. In 2011, these sites combined generated nearly 4,000,000 unique visitors and continues to grow! Ing Agents. Outstanding Results. j 13.1 754,3331 84 L.. 6.259 89,6281 ].i 607.266 50 I 3.252 I 89.719 I . N9 Iy aB� 6:3 ( 101,11a 42 3.699 I 30,084 1? It.A f 1 1 Pmdrnn;,l 6.2 331.150 7 .,910 56.000 1 51 39a 521 72 ' 955 I 121,011 ® RILL ANf 5.1 387.959 2 101 ( )9.)15 Sotheby's 3.9 39,866 14 550 I IId95 REM* d RF/MW Approach to Markcliog ITube ::raigslist t FRONTDOOR ffi. - i0()SIC YAHOOS40m Your cllrlcu�ork�imes REAL ESTATE Home t.�.�;�0�3C�1e hotpads.com a.o..,,.. �O- Zillow.com SouthernCaliforniaHomes L HomeFinder SecondSpace REALTOR.com MOVOTO °® t r u l i a Sawbuck real estate search REDFIN r,, RAF/M,A'!k Marketing Schedule to complete work: (Week One) • Order Sign with 1-800 call capture system & install lock box • Recommend any changes to client for highest return on investment prior to listing in the Multiple Listing Service. • Ilire professional photographer and videographer for photo and video session of subject property • Submit professional photos and video to Multiple listing Service along with enticing text (Week Two) • Email blast and Social Media campaign with both video/photos and facts sheet to thousands of agents and brokers. • Call to Action with telephone blitz with all Hernandez team members calling thousands of agents and brokers getting them excited about upcoming property and checking for interest levels. • Prepare professional tangible information sheet for any potential buyers and provide detailed information sheet for Brokers • Schedule broker's preview for subject property • Personally invite top selling Brokers to view subject property for their potential clients • Provide refreshments and detailed information about subject property for both buyers and agents • Relay all pertinent feedback from Broker's preview to client from both buyers and Realtors (Weekly until Sold) • Campaign and market the homes on a weekly basis until sold through both direct and indirect marketing. • Professional web & physical presences will be seen and felt through the Hernandez Groups efforts in the successful marketing and sale of these two properties. • Weekly communication concerning any and all feedback regarding marketing and interest • Our proven plan has worked for over 1,000 families and the same dedication and professionalism will be applied here as well! 2f/MPS FF w Demonstration of Local Knowledge: Moving to San Juan Capistrano in 1987 has given the Hernandez Group extensive knowledge of the cities values, geography, events and historical heritage. With 25 years of living experience and over 21 years of actual real estate experience here in our city, we believe we are the real estate team that possesses all the qualities the city is looking for. We have been a part of helping hundreds of families move in and out of our city and have gained knowledge and experience with historical properties along the way. Through this firsthand knowledge and experience with historical properties like the Harrison House and Parra Adobe we understand our city's commitment to preserving our wonderful historical heritage. Below you will find local trends on what's happening with our current real estate market here in San Juan Capistrano as of November 12, 2012: Currently there are 72 homes for sale in San Juan Capistrano in all price ranges. Within the last 30 days we had 33 homes sell, which means we have an absorption rate of 2.2 months' supply if no other homes come on the market. Within the last 30 days we had 17 new listings come on the market to replace the 33 homes that sold. Chart and graphs: ❑Active ■Sold Last 30 Days ❑New Listing Last 30 Days I pNMOk r M RF1MF� y Letters of Recommendation "We felt like we had a partner who never thought once about commission or what - - was in it for them, but instead focused 100% on what was right for us (and the seller). ,�� Rbh'ttk ninyrn:r+t uvm, aammpmM 4ua1 mno uewrcr................. i . "Most impressed with his enthusiasm" "We felt like we had a partner who never thought once about commission or what - - was in it for them, but instead focused 100% on what was right for us (and the seller). ,�� Rbh'ttk O/Al k Proposed fee relative to the service provided The selling of these two properties presents some interesting dynamics and challenges that will require a well qualified team to assist in the transaction. These two properties require the proper man power and a high level of dedication in order to be serviced properly. We feel with five licensed real estate agents, four of which hold a broker's license we have the proper team approach, knowledge and experience to get the job done. We would be absolutely honored in helping the city navigate through these challenges. . We would recommend a 3% commission to the listing agent and 3% commission for the buyer's agent. We feel offering this commission structure would yield the highest return on investment and would be a fair compensation for all parties involved. 1 C f a' { ihM A 1-11 11.1 EXHIBIT 8 .. u TABLE OF CONTENTS EXECLllVE SUH%'ZRY 1. QUALIFICATIONS 2. PROPOSED METHOD 3. COMPENSATION 4. SALE PROCESS 5. RELEVANT EXPERIENCE 8, CONFLICT WITH CONTRACT 7. REFERENCES mrasw�uuuum*uw cvwr�wew�xcAm uwnnrmwr A PROPOSAL FOR REAL ESTATE INIRK TING SERVICES EXECUTIVE SUMMARY Cushman & Wakefield and Canaday Group (C&W-CG) is pleased to present the following proposal to the City of San Juan Capistrano (City) to provide real estate marketing services for the Harrison House and the Parra Adobe (Property), representing two historic structures on a 0.35 acre (15,246 SIF) City -owned parcel in the City of San Juan Capistrano. We appreciate the opportunity to share with City our proven approach, expertise, unmatched resources and experience. Through this proposal, we intend to demonstrate why C&W-CG is the best choice for City and precisely how we will achieve unmatched results on the City's behalf. BASIS OF UNDERSTANDING The Property is located at 27762 Ortega Highway and contains two historic buildings: the Harrison House and the Parra Adobe. The Property is a rectangular -shaped 14,965 SF parcel with two historic structures, both of which are listed in the National Register of Historic Properties. The Property is currently zoned R1-10 (wlexplanation). The current zoning allows for single family residential. Currently the buildings are vacant. The Harrison House is a wood -framed, single wall construction farmhouse constructed in 1909. It comprises approximately 1,478 SF and features a living room, dining room, kitchen, two bedrooms and two quarter baths and is in good condition. The Para Adobe is a two room, 808 SF, unreinforced masonry building constructed arca 1855- 1875 of adobe blocks, It is in generally poor condition and in need of appropriate repair which must be consistent with the Secretary of the Interior's 'Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings' The parcel is set below the street level and circular dirt and gravel driveway curves behind the Adobe and provides ingress and egress to Ortega Highway. The Property contains various trees and shrubs including orange trees, an avocado tree, and an olive tree. The City Council has determined that private ownership of the Property would be more fiscally responsible and a more appropriate mechanism to ensure the Property's future preservation and maintenance. As a public agency, the City is required to ensure that the sale of the Property Is an 'arms4ength' transaction that provides an open and completely competitive market process. The City will set the minimum acceptable bid in consultation with the selected consultant. The C&W-CG brokerage teams have a combined 57 years of experience in the commercial and residential real estate market. Their experience and expertise underlie their ability to optimize City's asset value by achieving maximum market price with a credit -worthy Buyer. It is understood the Property was used as a museum for many years and that the future desired use is residential. As a result of the challenging access to the to the Property and the significant deferred maintenance associated with the Adobe structure C&W-CG request the City to consider alternative low density uses for the Property that would support the community and foster a favorable valuation and liquidity of the Property. 1. QUALIFICATIONS C&W and CG are teaming together to offer the most comprehensive real estate marketing services package for the City. Together they will offer commercial and residential marketing service expertise. CG is a leader in residential real estate with a network of more than 87,500 REIMAX Associates in over 89 countries, including China, enabling the Canaday Group to connect with buyers and sellers from virtually anywhere. Lee Ann Canaday Owner/Brower of the Canaday Group with REIMAX Fine Homes has access to a network of more than 87,500 REIMAX Associates in over 89 countries, including China, enabling her team connect buyers and sellers from virtually anywhere. With over 30 years experience selling CITY OF SAN JUAN CAPISTRANO I CUD~ & WAKERELO ICANAUAY GROUP A PROPOSAL EOR REAL ESTATE MAAKETMG SERVICES over $1 Billion in real estate, Lee Ann Canaday has been awarded numerous prestigious industry awards and is a Diamond Recipient, REJMAX's highest award. The company operates in three locations; Laguna Beach, Newport Beach, and Huntington Harbour, Califomia. Lee Ann has earned numerous designations Including Graduate Realtor Institute (GRI), Certified Distressed Property Expert (CDPE), International Real Estate Specialist (I.R.E.S.), 5 Star Professional Broker, and other listed on her resume. REIMAX is backed by one of the best-known corporate names in America and boasts the most recognizable real estate logo on the planet. Additional advantages that distinguish C&W include: Dedicated, Focused Team of Experts. Alex Hayden, Executive Director, will serve as the Commercial Broker. Mr. Hayden is one of the leading commercial brokers in Orange County. Mr. Hayden will lead an experienced team of brokerage professionals, including , his two partners, Travis Boyd, Executive Director and Rick Sherburne, Executive Director who each bring more than 20 years of Orange County brokerage experience, supported by a team of specialists in Marketing, Research, and Strategic Agency Services. • Marketing Strength. In 2012, C&W brokerage professionals completed more than 340 domestic sale transactions in the United States, valued at nearly $7.2 billion. Simply put, our professionals draw from an enconous body of relevant knowledge gained through a substantial volume of experience. Owners especially benefit from our exhaustive knowledge of the market. • Global reach. With 253 offices worldwide and major relationships on six continents, our extensive reach ensures City access to a large database of global buyers. CONCLUSION We are fully aware of the magnitude of the business decision you are considering and the fiscal responsibility the City of San Juan Capistrano has, Through this proposal, we demonstrate how C&W-CG will help you achieve your real estate goals, including unmatched exposure, team of experts, strategy and marketing strength, in support of your budget objectives. Let us put our resources, knowledge, and experience to work for you. ROLES AND RESPONSIBILITIES Collaboration will characterize the Project Team's performance and will ensure efficiency and success in achieving City's objectives. Each team member will carry out specific roles and responsibilities, which were determined through an analysis of every step required to fulfill the required services. CRY OP SM1UAN CAPISTRANO I CUWMM1 d WAKEAELD I CANADAY GROUP 1� s _. fMo.[lCw hOI�� PAU004 K WOR ,NO DWOWD AM HAYM WAM GWWAY Mp4fRAQR'/NJA19K CHMAURCANWAY MA.01( CIOV MMKIMG M•Ot. OAI.P,...,�I�p�.O.p.{wp i.,YOv 00/ Mt0�C71NIM000rt ItMO.O..V.WN.O/..M,<�w CRY OP SM1UAN CAPISTRANO I CUWMM1 d WAKEAELD I CANADAY GROUP ROLE TEW ME6'B°E. Residential Expert Lee Ann Canaday Commercial Expert Alex Hayden Marketing Amber Bonasoro Brokerage/Canvassing Chdsta Lee Canaday RESPONSIBILITY Assignment Lead. Expert for residential market, strategy. Client relationshipliaison. Expert for commercial market, strategy Residential marketing. Implement strategy and canvass potential residential prospems and brokers. Project Management Leslie Allan Administrative. Assignment updates reporting. Commercial marketing and canvassing. li MES The qualifications and experience of the key Project Team members are Included on the pages that follow, 4 mrwzwrv.wri+mw.wl amwuaww•.xrvm �ruuoxr uav u Iti t.EE ANN CANADAY OWNER/BROKER ICANADAYGROUP To market properties utilizing sound planning, professlonal ethics, persuasive skills and a strong company suppoh system, Over $1 Billion in real estate sold #5 REIMAX team in CA and #33 in USA Over 30 years in the real estate profession Member of REIMAX's Chairman's Circle Member of DAR. Member of the SJC Chamber of Commerce Member of Sales and Marketing Council Member of Building Industry of America Ranked In the top 10 in the world multiple times for sales volume Operates A Successful Short Sale Department key Assignments Member of RERAAX's Diamond Club (hghest hoar given by REJMAX) Owner/Broker Cali Group & RE/MAX Fine Homes EDUCATION, MEMBERSHIPS AND AWARDS licensed Realtor@ & Broker Certri Homes Sales Professional Professional Community Association Manager, FOAM 5 Star Professional Broker University Southern Caldomia. Los Angeles, CA Cal State University Long Beach- Long Beach, CA Women's Philanthropy Fund Member, pad of United Way Board of Counselors at Chapman Universltys Argyros School of Business Foundagon Board of Directors for KOCE-N Gid Scouts of Orange Cautty-Womens Leader of 2012, Co-chair of Gids Smuts' 2012 Gala OC Pedormimg Ads Center Intematbnal Real Estate Specialist, IRES Certified Distressed Property Export, CDPE Carl Property Manager, CPM GRI Designation Certified Financial Planner, CFP Masters Degree Board of Directors of American Heart Association, Co -Chair Go Red for Women 2011 Event, Corporate Committee, 2012 A Chanty for Charities & Event planning for A Charity for Charities' annual Holidazzle Event. Susan G. Komen Foerldation, 2007 Inaugural sponsor for the Susan G. Komen Orange County Pink Tie Ball Festival of Arts, Laguna Beach Mission Hospital Juvenile Diabetes Research Foundation Pediatric Children's Research Foundation Children's Mirade Network and CHOC Hospital 01OF�JV .� I cvreFUkN&w CFeo I �rcnoUP n.waresrs*nxwsxmwcomm ALEX HAYDEN { EXECUTIVE DIRECTOR I CUSHMAN & WAKEFIELD. INC. LIC. #00616335 LIC #01202688 Alex Hayden has been areal estate professional based in Southern California since 1995. Mc Hayden specializes in Ni Market Corporate Real Estate Advisory Services. He has conducted transaction and consulting assignments in excess of 10 million square feet add specializes in portfolio planning and alto acquisition transactions on behalf of financial institutions, professional services firms, major logistics organizations, restaurant Industry, education and the engineering industry. Mr. Hayden is recognized at Cushman & Wakefield as an Executive Director. Along with his partners, Mr. Hayden was recruited to Cushman & Wakefield from their practice at CBRE where they were celebrated as the toptenanl representation team in Orange County. Mr. Hayden is a key leader In the development of strategic planning for the team's corporate clients. Over the past decade, Mr. Hayden has been involved in numerous aspects of the business, including: acquisition, disposition, lease, build -to -sults, and sale of real estate valued at over $2.5 billion. Mr. Hayden wnently serves on the Board of Counselors for Chapman University George L. Argyros School of Business & Ecawmws and is a founding member of the Chapman University CFO Roundtable series. Additionally, Mc Hayden serves as a member of the Board of Directors for the Duane Clinksdale Memorial Cystic Fibrosis Foundation Mr. Hayden graduated from Chapman University with a Bachelor of Science in Business Administration with an emphasis in Finance. Mr. Hayden and his wife Lori live in San Juan Capistrano, California and have two children, Cherie and Caroline. PIY OF WIrYµ UP51RyA gILWY16w,Vknpp PVNOn�GPWP Financial Services: Legal: Engineering: Education Restaurant HOs: Miscellaneous: Chase Bingham McCutchen CH2M Hill University of Phoenix Del Two General Electric US Bank LLP Starter Chapman University Made Callendar's Centex Homes Capital One Dorsey & Whitney LLP Aemm UCI EI Polio Loco Pitney Boxes Pacific Western Bank Shook Hardy & Becon TRC Solutions Assoc. Builders & Johnny Rockets Ashland, Inc, Wells Fargo LLP Michael Baker Contractors Wnchell's Donuts Con -Way ADP Palumbo & Bergstrom, Corporation EUMC Wienerachnitzel Marriott International Experian L1P STV Engineering Corinthian Colleges Fresh Start Bakery Veterinarian Pel Sheppard Mullin Richter Pmol Engineering Brandman Universily Oumadk Steak House Insurance & Hampton LLP DeVry Dielrich's Coffee Transdigm Corporation Grant, Genovese& Tourc University Rubys Diner Pfizer Bal United Slates Univ. Baker & Hostetler United Education trial. PIY OF WIrYµ UP51RyA gILWY16w,Vknpp PVNOn�GPWP M A PROPOSAL MM REAL 2 PROPOSED METHOD MARKETING STRATEGY C&WCG will create a cohesive, targeted marketing program to achieve City's specific goals. The marketing plan and collateral materials will focus on the unique aspects of the property, promoting them to potential buyers and the elite brokers in the market. C&W-CG will work closely with City to develop the program and materials, using outside expert resources, as required. MARKETING OBJECTIVES • Develop a strategic marketing program that will establish Property as a desirable historic landmark address in San Juan Capistrano where a business owner or residential owner occupier can achieve location status and recognition, high visibility, prestigious association, and amenities that are unmatched in competing properties. • Create a campaign theme that incorporates the status and recognition this historic Property already enjoys. • Ensure that the Property's positioning, theme, and branding are consistent with Cityrs vision. • Create a marketing program to support the two-tiered approach that segments the market and identifies both potential users and lop real estate brokers. • Reach our segmented target audience with sufficient frequency to ensure the efficient sale of the Property • Leverage Cityrs prestigious reputation. MARKETING PROGRAM ELEttENTS C&W-CG provides the most effective use of a variety of media available to promote properties, choosing and using technology that is most effective for each assignments target audience. Depicting the name and vision for the Property, marketing materials may include traditional hard copy materials and electronic collateral featuring, marketing signs, advertisements, and marketing boards. Our immediate steps will include considering the following: • Theme and Positioning • Brochure • Email Blasts • Advertising Campaign • DR Codes • Canvassing THEME AND POSITIONING C&W-CG will develop a theme and positioning statement that communicates the Property's most historical value or marketing promise. The positioning statement will persuasively articulate the meaningful and unique points of differentiation of a historical property. It will focus the marketing campaign around a consistent message incorporated into all communications. In addition to marketing the Property as a residential use C&W would explore various viable options for the use. Some examples would be museum, CPA or law office, catering business, veterinarian office, bed and breakfast, CrtY Of SAN JUAN CAPIFMANO I CUSHMAN d WAKEFIELD I CANADAY GROUP WM A PROPOSAL FOR REAL ESTATE MARKET NG SERVICES non -retail florist or other company that needs a large staging/storage area, interior design office, etc. A theme, or tag line, for the Property will be created and used in every aspect of the marketing program. With a unique brand, it will link all the marketing components for a consistent, recognizable identity for the Property. Advantage: The theme and brand enable the Project Team to concisely communicate the Property's attributes in ander to efficiently attract the most appropriate Buyers. BROCHl1RE C&W-CG will create a high-quality property brochure that communicates the positioning statement, theme, message, and detailed information. The brochure will be a compelling presentation of the property highlighting the unique attributes and excellent tocation and accessibility, along with technical specifications, floor plans, and building and neighborhood amenities. The brochures will be mailed to brokers, all potential buyers, and distributed as part of the property tour presentation. Advantage: The property brochure is a valuable and necessary sales tool for the Project Team. Because it presents detailed information the recipient can hold on to, it Is a primary vehicle to promote the marketing message. EMAIL BLASTS A series of communications is a key component of a successful marketing campaign. An email campaign builds excitement about a property and provides reminders of the property to a targeted audience of brokers and potential Buyers. Each one of the series will feature various amenities and strengths of the building, C&W-CG recommends the following series of email postcards: • Initial blast introducing the Property and the web site to approximately 20,000 addresses including buyers, agents, and brokers. • Bi -weekly blasts thereafter. Advantage: An email blast campaign is a cost-effective means of communication that continually gets the property's message in front of our audience. ADVERTISING CAAIPAIGN Communicating the Property's marketing message across a broad range of market segments is critical to sales success. A strategic advertising campaign creates brand and position awareness across our target market. Advertising may be print or online and is one of the most effective means of delivering the message to the market. C&W-CG will custom tailor a campaign for the Property, reaching the local, regional, and national audience. An initial media schedule that targets brokers and corporate executive management is shown below. Recommended publications include: CanadayGroup.com FineHomes4Sale.com MLS REMAX.ccm Realtor.00m Realtor.com featured listing LATimes.com New York Times DreamHomesMagazine.com 3 Dream Homes Diamond Properties DuPontRegistry.com Wall Street Journal (WSJ.com) Trulia.com Homefinder.com Google Base Yahoo. Real Estate.com Facebook.com Twitter.com Canaday Group Blog FineHomes Califomia.remax.com FineHomes NewporlBeach=rn FineHomes LagunaBeach.00m Active Rain Blog Redfin.com 8 CITY OF SAN JUAN CAPM`RANO I CUSI~ A wAKMM0 I CANADAY GROUP A PROPOSAL FOR REAL ESTATE MARKETING SERVICES HomesandLand.com HomePages.com CLR Search Lakehouse.com JustReatEstateListings.com HomeSeekers.00m Golf Homes OLX UveDeal.com Vast.com HomeGain Propertyindex.com FrontDoor.com (HGTV) Zillow.com HomePages Unique Global Estates Oodle.com Boston.com HotPads.com HouseLocator.com Condo.com Herald Tribune Homeiistingsfinder.com Enormo Locanto The Canaday Group will achieve a successful sale in today's market because of the extensive advertising program for the Property in addition to superb negotiations to best represent the seller. Lee Ann's extensive marketing program reaches local, national, and international markets for maximum exposure. One of the greatest areas that set Lee Ann and the Canaday Group apart from other agents is her weekly TV show airing on KDOC-TV Los Angeles every Saturday at 8:30am (back to 9am in December). The 30 minute show reaches the entire LA OMA or 5.6 million households and over 17 million viewers. In addition to print, Lee Ann Canaday uses a strategic Internet marketing campaign, featuring properties on over 50 web partner sites. Using the latest technology, the property is placed at the fingertips of millions of potential buyers. REIiNAX Is backed by one of the best-known corporate names in America and boasts the most recognizable real estate logo on the planet, • To provide clientele with the most professional, knowledgeable and gratifying service possible • To furnish the most comprehensive, complete and honest representation of value available • To supply the largest feasible exposure of the Property to the greatest potential buyer base • To obtain the highest price and sell the Property in the shortest time • To actively and comprehensively manage the sale of the Property from the marketing plan through the close of escrow and the delivery of the sellers proceeds check Each office is fully staffed and departments include: experienced sales team, escrow, marketing, and support staff. Communication is key and the offices are open 7 days a week to allow open communication between agent and client, provide clients with updates, and to continually market the property. Advantage: Advertising elevates the stature and prominence of a property, and creates instant recognition in the target audience when they receive collateral materials, or are contacted by the Sales Team. Canvassing and Follow-up Program C&W-CG will implement an aggressive canvassing program directed at appropriate business users throughout the US, California, Orange County and San Juan Capistrano markets. We will contact prospective Buyers through cold calling, direct mail, and flyers. We will solicit all Buyers that fit the prospective Buyer profile and wail continue to promote the Sale opportunity at the Property. In addition, we will implement a fallow -up program for all tentative Buyers. Advantage: Canvassing ensures direct contact and face-to-face meetings with prospective Buyers. CITY OF SAN JUAN CAPIMW-10 I CUSKMAN i WAKERELD I CANADAY GROUP N A PROPOSAL POR RM ESTATE MARKETING SM"M 3 COMPENSATION Like any critical business decision, the decision City makes in selecting a real estate services firm will have long-term effects on your organization. C&W-CG understands the difficulty in evaluating seemingly comparable firms, as well as the need for an economical choice. In this proposal, we have demonstrated how C&WCG will achieve specific results through a superior strategic approach, accomplished and knowledgeable team, experience with similar assignments, and advanced market knowledge. Our promise to you is to provide the greatest economic value to City. Commissions according to the Department of Real Estate are negotiable. Commission will be 6% of the sales price with 3% to each side (open to negotiation based on terms of listing agreement.) 4, SALE PROCESS FIRST WEEK within 2 days of acquiring the listing agreement . Install a sign Within 4 days of acquiring the listing agreement • Schedule a time for our Director of Marketing & Advertising to visit your home and take down features • Submit your home to the ORANGE COUNTY MULTIPLE LISTING SERVICE, CoStar, and Loopnet with your signed approval • Obtain a key to your property in order to personally show and demonstrate the features of the property to all prospects • WALK-THROUGH Property with you and make suggestions for improving the salability of the Property Within first week of acquiring the listing agreement • Take professional photos the first week or 2nd week depending on the weather • Take aerial photos of your property if needed • Have a high tech 'VOICE OVER STREAMING VIDEO TOUR' filmed and personally recorded of your estate to add to my website and the websites listed below • Make separate copies of video Tours on DVD or flash drive for distribution to potential buyers • Prepare a PROPERTY PROFILE BOOK on your property to familiarize likely prospects about your home and the surrounding community. (This will contain information like lot diagram, floor plan, school Information and locations, community recreation centers, etc.) • Present your Property at our WEEKLY RFIMAX SALES MEETING. • PITCH your Property at the WEEKLY BOARD MARKETING SESSION • Schedule a time for Canaday Group Buyer's Specialist to preview your Property • Install sign MARKETING After photos are touched up and sent to our office • Design and purchase a professional picture brochure best representing and delineating the amenities of your Property. Printed brochure will arrive within 5-10 business days of submitting final proof approved by Canaday Group and seller • Send pictures and feature Information to DREAM HOMES for advertisements in this prestigious publication according to advertising deadlines aTY Of SAN JUAN CAMPAW I lis►~ i wAKERELO ICANADAY GROUP A PROPOSAL FOR REAL ESTATE MARKETING SERVICES • Submit to DREAM HOMES to feature on back cover. • Submit to DREAM HOMES INTERNATIONAL for first available issue. • Mail a just listed postcard to my personal farm of approximately 2,000 potential high-end buyers • Include as featured property in monthly newsletters to high-end communities within Orange County, approximately 5,000 homes • E -card to tens of thousands of potential buyers and Brokers on new listings • Send a picture brochure with a personal note to the other TOP SELLING AGENTS in our area • Place your Property on CANADAYGROUP.COM the number 1 website for hits for individual realtors in the United States • Submit your home to the HOMESEEKERS ONLINE INTERNET, REALTOR.COM, as OC Register online service, and URLs indicated on Online Advertising list. In addition, submit to Remax.com. This allows worldwide, immediate access to information about your property including color photos, 24 hours a day, 7 days a week. Before first open house • Personally door knock immediate neighbors to ask if they know of any friends who might be interested In the neighborhood and your home • Prepare and provide a'Special Invitation', well distributed, OPEN HOUSE coverage with REMAX to hlgh-end buyers and brokers. • Invite entire neighborhood to an open house. Within 2 weeks • Present your home on'Canaday Group, RE/MAX Fine Homes TV Show*. my own personal TV program on Saturday mornings, 9.00 am KDOC-TV Los Angeles (8:30am Sept. -Dec.). Airing in Orange County & Los Angeles County. This will run for 2 months. Footage must be received according to the deadlines • Hold a BROKERS' OPEN HOUSE and serve refreshments for the BROKER CARAVAN ONGOING • UPDATE YOU WEEKLY on the marketing activity, covering new sales, new listings, buyer feedback, and any other pertinent information which may affect the sale of your Property . Weekly ecard sent showcasing 'Open Houses% with photos, virtual tours and website links • REVIEW ALL SHOWINGS with agents, and in tum discuss all buyers' and agents' comments with you • Plan advertising program to include: OC REGISTER, LA TIMES, DAILY PILOT, ORANGE COUNTY BUSINESS JOURNAL, DREAM HOMES MAGAZINE, submit to HOMES & LAND, DISTINCTIVE HOMES MAGAZINE, DUPONT REGISTRY, and DREAM HOMES INTERNATIONAL • REPRESENT you at the presentation of all offers and help negotiate the best possible price and terms for you OFFER • Interact on your behalf with the Inspectors, appraisers, lenders, termite companies, Escrow Company, Title Company and buyer's agent to ACCOMPLISH A SUCCESSFUL CLOSE, • Deliver your CHECK to you and review the FINAL CLOSING STATEMENT with you. CITY OF SAN JUAN CAPW RANO I CUSMNMI A WAKEREEO I CANADAY GROUP 327 Aster Street Dulex p 22512010 Seller $1,13D)i Dan Panosian Laguna Beach, CA dan@danpanosiari 1525 Buena Vista Undisclosed Doug Healy San Clemente, CA Mixed Use 91302011 Seller price doughealy@cox.net 949.874.1170 _ Gary Baker & Jill Berrsh xtf 1280 N. Coast Hwy. Mixed Use / historic 9/302011 Seller $1.076,000 31322 31322 Brooks Street Laguna Beach, CA property Beach, CA 92651 949.499.1120 Mark & 1953 S. Coast Hwy. Mixed Use 6/302012 Seller $1,600,OD0 27351 SilverCreek Drives Laguna Beach, CA San Juan Capistrano, CA 92675 714.345.1107 or 949.497.1932 No conflicts noted. 27351 Silver Creek Drive Sale of mixed use property in Laguna Beech and purchase of new home. 714345,11 W or San Juan Capistrano, CA 92675 949.497.1932 Jim & Monika Woodworth 28002 Golden Ridge Long term clients 949.240.0877 San Juan Capistrano, CA 92675. Gary Baker & Jill Benshool Sale of property at 1280 N. Coast Hwy., 1282 N. Coast Hwy„ and 1284 N. Coast Hwy., Laguna 31322 Brooks Street Beach. It is a historic orooeM that was divided in the great depression into 3 legal addresses 949.499.1120 Laguna Beach, CA 92651 with each Odor having a separate entry and! kitchen 12 cm orseHluuac�na.�o l s wearer .+chow PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of February 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and RE/MAX Encore (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, the City currently desires to retain the services of a professional real estate broker for the marketing and sale of the Harrison House -Parra Adobe property; and, WHEREAS, the Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of professional staffing services as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Consultant specifically shall disclose the existence of historic resources on the property and indicate current zoning of the property as currently permitted uses (without intending to limit the right of any potential buyer to apply for such changes to zoning pursuant to the law as buyer may deem appropriate). Section 2. Term. This Agreement shall commence on 'the effective date and shall terminate, and all services required hereunder shall be completed at the close of escrow or, no later than August 19, 2013, whichever occurs first, subject to Section 13 (Termination). Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed as set forth in Exhibit' A," attached and incorporated herein by reference. ATTACHMENT 2 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 14 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Indemnity. To the fullest extent permitted by law, Consultant agrees to hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent arising out of, the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The Consultant shall have no responsibility for negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 12.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000). 12.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds and respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 12.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Department To Consultant: Carlos Hernandez RE/MAX Encore 31931 Camino Capistrano, Suite B San Juan Capistrano, CA 92675 U Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Mayor CONSULTANT By: Consultant ATTEST: City Clerk APPRO AS TO FORM: U Christy JAI From: Catherine Salcedo Sent: Thursday, February 14, 2013 4:49 PM To: Christy Jakl Subject: FW: Harrison House Christy, Carlos Hernandez and Rosalinde Hernandez were notified via email and telephone of the agenda report for Feb. 19, 2013. Catlo, Salcedo Executive Services Manager City of San Juan Capistrano (949) 443-6317 From: Carlos Hernandez[maiito:brokercarlos(&amail.com1 Sent: Thursday, February 14, 2013 4:45 PM To: Catherine Salcedo Subject: Re: Harrison House Great thank you very much we are excited for the opportunity Sent from my Whone On Feb 14, 2013, at 4:42 PM, Catherine Salcedo<CSalcedo@sanivancayistrano.ore> wrote: Hi Carlos, The City Council agenda packet should be published online tonight. The agreement will be attached to it for your review. It will be available at www.sanivancayistrano.org The Council Meeting is on February 19`h at 6:00 PM. See you then and congratulations on the recommendation. Cathy Salcedo Executive Services Manager City of San Juan Capistrano (949) 443-6317 Christy Jakl From: Catherine Salcedo . Sent: Thursday, February 14, 2013 4:50 PM To: Christy Jakl Subject: Harrison House/ Parra Adobe agenda report Hi Christy, Alex Hayden representing Cushman & Wakeman/Canaday Group was notified via telephone of the agenda report recommendation for 2/19/2013 Council Meeting. Cathy Salcedo Executive Services Manager City of San Juan Capistrano (949) 443-6317 U From: Manny Ruelas To: Catherine Salcedo Subject: Insurance for RE/MAX Personal Services Agreement Date: Thursday, February 21, 2013 3:21:00 PM Good Afternoon Cathy, Can we get Insurance for RE/MAX Encore so we can move forward with PSA- Item D6. Thank you! Manny Ruelas Office Assistant City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Phone:(949) 443-6308/ Fax: (949) 493-1053 Today's Date: February 19, 2013 Transmittal Routing city (Check All That Apply) ❑ City Attorney ❑ City Manager z City Clerk FINAL CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable): 2/19/13 ❑✓ Reviewed as to form by City Attorney and date approved Project Manager's Last Name: Salcedo Phone Extensio..._ CIP No. (if any): APPROVING AUTHORITY: (Check One) ❑✓ Mayor ❑ SACRA Chair ❑ City Manager ❑ Oversight Board Chair ❑ SJCHA Chair Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street city St I Zi Cados Hemandez RDMAX Encore, 31931 Camino Capistrano. Ste. B sic 92616 OTHER INSTRUCTIONS: Harrison House Broker agreement (RE/MAX Encore) , t�Ci, wc Ji(�cj �6c t�cc�lcs� . Form Date: 912012 D-7