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:
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27892 Ortega fUghhray
ProperlyAd6m, San Jftm Cardatraao CIL 91678 Date: February 20, 2023
6. 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
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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-
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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
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Success in Marketing Similar Desirable Residential Properties
31352 Guadalupe St., S.TC, CA SOLD!
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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!
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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
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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
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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.
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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
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"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).
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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.
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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
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITWOFSMA JUAN CAPISTRANOy:
CONSULTANT
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Consultant
ATTEST
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Clerk
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ASTOFORM:
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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
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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
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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
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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 -
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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
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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
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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!
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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!
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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
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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).
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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.
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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:
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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
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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
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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
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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
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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
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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
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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
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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.
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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!
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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
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"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).
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"Most impressed with his
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"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
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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.
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EXHIBIT 8
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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
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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
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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.
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The qualifications and experience of the key Project Team members are Included on the pages that follow,
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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
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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.
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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