HomeMy WebLinkAbout2017 Resolution No. 042RESOLUTION NO. 42
SERIES OF 2017
A RESOLUTION SUPPORTING A LISTING CONTRACT WITH NAVPOINT REAL
ESTATE GROUP TO MARKET THE REMAINING AVAILABLE PARCELS ON BEHALF
OF THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION
WHEREAS, Ordinance 41, Series of 1999 established the creation of the Englewood
Mclellan Reservoir Foundation (EMRF) to oversee the development of property, to
enhance and diversify the City's long-term revenues, and to protect the water supply in
and around Mclellan Reservoir; and
WHEREAS, the Englewood Mclellan Reservoir Foundation has entered into long-
term leases on five parcels of Mclellan property; and
WHEREAS, the EMRF Board advertised and received eight Request for Proposals
to market the remaining available parcels. Upon completion of evaluating the Proposals
and interviewing respondents, the Board selected NavPoint Real Estate Group.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby supports
a listing contract with NavPoint Real Estate Group to market the remaining available
parcels on behalf of the Englewood Mclellan Reservoir Foundation.
ADOPTED AND APPROVED this 3rd day of April, 2017.
ATTEST:
I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby
certify the above is a true copy of Resolution No. 42, Series of 2017.
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n A V p O I n t NavPoint Real Estate Group
Ian Elfner
A Iii AL r. 5 TATE GR o u P Ph: 720.376.6805 Fax: 720-240-0762
he printed portions of this form, except differentiated add itions, have been approved by the Colorado
Real Estate Commission. LC57 ~8&13 Mandato 1·14
THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE
PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
Compensation charged by brokerage firms is not set by law. Such charges are established by each real
estate brokerage firm.
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE LANDLORD AGENCY,
TENANT AGENCY, SELLER AGENCY, BUYER AGENCY OR TRANSACTION-BROKERAGE.
EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT
181 LANDLORD AGENCY 0 TRANSACTION-BROKERAGE
Date: 112012017
1. AGREEMENT. Landlord and Brokerage Firm enter into this exclusive, irrevocable contract (Landlord
Listing Contract) and agree to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage
services to Landlord. Landlord agrees to pay Brokerage Firm as set forth in this Landlord Listing Contract.
2. BROKER AND BROKERAGE FIRM.
1812.1. Multiple-Person Firm. If this box is checked, the individual designated by Brokerage Firm to serve as
the broker of Landlord and to perform the services for Landlord required by this Landlord Listing Contract is
called Broker. If more than one individual is so designated, then references in this Landlord Listing Contract to
Broker include all persons so designated, including substitute or additional brokers. The brokerage relationship
exists only with Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers
employed or engaged by Brokerage Firm who are not so designated.
D 2.2. One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with only one licensed
natural person. References in this Landlord Listing Contract to Broker or Brokerage Firm mean both the
licensed natural person and brokerage firm who serve as the broker of Landlord and perform the services for
Landlord required by this Landlord Listing Contract.
3. DEFINED TERMS.
3.1. Landlord: Englewood McLellan Reservoir Foundation
3.2. Brokerage Firm: NavPoint Real Estate Group
3.3. Broker: /an Elfner, Matt Call, Heather Taylor
3.4. Premises: The Premises is the following legally described real estate in the County
of Douglas, Colorado:
LOT 1 HIGHLANDS RANCH 155 2.702 AMIL and LOT 3 HIGHLANDS RANCH 153 4.898 AMIL
and LOT 1A HIGHLANDS RANCH 153 2ND AMD 6.179 AMIL and LOT 4 HIGHLANDS RANCH
157 10.20 AMIL and LOT 3 HIGHLANDS RANCH 157 4.61 AMIL ~! See Attached Exhibit A
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known as No. Lucent & C-470, Highlands Ranch, CO 80129, together with the interests, easements ,
rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of owner of the
Premises (Owner) in vacated streets and alleys adjacent thereto, if applicable, except as herein excluded.
3.5. Lease; Sale.
3.5.1. Lease of the Premises or Lease means any agreement between the Landlord and a tenant to
create a tenancy or leasehold interest in the Premises.
D 3.5.2. If this box is checked, Landlord represents to Broker that Landlord has the right and authority
from Owner, authorizes Broker to negotiate the sale of the Premises. Sale of the Premises or Sale means the
voluntary transfer or exchange of any interest in the Premises or the voluntary creation of the obligation to
convey any interest in the Premises, including a contract or lease. It also includes an agreement to transfer any
ownership interest in an entity which owns the Premises.
3.6. Listing Period. The Listing Period of this Landlord Listing Contract begins on 4/10/2017 , and
continues through the earlier of (1) completion of the Lease of the Premises or (2) 1/9/2018 , and any written
extensions (Listing Period). Broker must continue to assist in the completion of any Lease or Sale for which
compensation is payable to Brokerage Firm under § 7 of this Landlord Listing Contract.
3.7. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The
abbreviation "NIA" or the word "Deleted" means not applicable. The abbreviation "MEC" (mutual execution of
this contract) means the date upon which both parties have signed this Landlord Listing Contract. For purposes
of this agreement, Landlord includes sublandlord and tenant includes subtenant.
3.8. Day; Computation of Period of Days, Deadline.
3.8.1. Day. As used in this Landlord Listing Contract, the term "day" means the entire day ending at
11:59 p.m., United States Mountain Time (Standard or Daylight Savings as applicable).
3.8.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending
date is not specified, the first day is excluded and the last day is included, e.g., three days after MEC. If any
deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline ~ill D
Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be
checked, the deadline will not be extended.
108 4. BROKERAGE RELATIONSHIP.
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4.1. If the Landlord Agency box at the top of page 1 is checked , Broker represents Landlord as
Landlord's limited agent (Landlord 's Agent). If the Transaction-Brokerage box at the top of page 1 is checked,
Broker acts as a Transaction-Broker.
4.2. In-Company Transaction -Different Brokers. When Landlord and tenant in a transaction are
working with different brokers, those brokers continue to conduct themselves consistent with the brokerage
relationships they have established. Landlord acknowledges that Brokerage Firm is allowed to offer and pay
compensation to brokers within Brokerage Firm working with a tenant.
4.3. In-Company Transaction -One Broker. If Landlord and tenant are both working with the same
broker, Broker must function as:
4.3.1. Landlord ts Agent. If the Landlord Agency box at the top of page 1 is checked, the parties
agree the following applies:
4.3.1.1. Landlord Agency Only. Unless the box in § 4.3.1.2 (Landlord Agency Unless
Brokerage Relationship with Both) is checked , Broker represents Landlord as Landlord's Agent and must
treat the tenant as a customer. A customer is a party to a transaction with whom Broker has no brokerage
relations'!!e. Broker must disclose to such customer Broker's relationship with Landlord.
181 4.3.1.2. Landlord Agency Unless Brokerage Relationship with Both. If this box is checked,
Broker represents Landlord as Landlord 's Agent and must treat the tenant as a customer, unless Broker
currently has or enters into an agency or Transaction-Brokerage relationship with the tenant, in which case
Broker must act as a Transaction-Broker.
4.3.2. Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in
the event neither box is checked , Broker must work with Landlord as a Transaction-Broker. A Transaction-
Broker must perform the dutres described in § 5 and facilitate lease transactions without being an advocate or
agent for either party. If Landlord and tenant are working w ith the same broker, Broker must continue to
function as a Transaction-Broker.
LC57-8-l3. EXCLUSIVE RIGHT-TO-LE AS E LISTING CONTRACT 41'412017 2:48:25 PM
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141 !:; 5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a
144 Landlord's Agent, must perform the following Uniform Duties when working with Landlord:
145 5.1. Broker must exercise reasonable skill and care for Landlord, including, but not limited to the !:~ following:
148 5.1.1. Performing the terms of any written or oral agreement with Landlord;
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5.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the
Premises is subject to a lease or letter of intent to lease;
5.1.3. Disclosing to Landlord adverse material facts actually known by Broker;
5.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as
to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker;
5.1.5. Accounting in a timely manner for all money and property received; and
5.1.6. Keeping Landlord fully informed regarding the transaction.
5.2. Broker must not disclose the following information without the informed consent of Landlord:
5.2.1. That Landlord is willing to accept less than the asking lease rate for the Premises;
5.2.2. What the motivating factors are for Landlord to lease the Premises;
5.2.3. That Landlord will agree to Lease terms other than those offered;
5.2.4. Any material information about Landlord unless disclosure is required by law or failure to
disclose such information would constitute fraud or dishonest dealing; or
5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or
stigmatize the Premises.
5.3. Landlord consents to Broker's disclosure of Landlord's confidential information to the supervising
broker or designee for the purpose of proper supervision, provided such supervising broker or designee does
not further disclose such information without consent of Landlord, or use such information to the detriment of
Landlord.
5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises.
Broker may show alternative premises not owned by Landlord to other prospective tenants and list competing
premises for lease.
5.5. Broker is not obligated to seek additional offers to Lease the Premises while the Premises is subject
to a lease.
5.6. Broker has no duty to conduct an independent inspection of the Premises for the benefit of a tenant
and has no duty to independently verify the accuracy or completeness of statements made by Landlord or
independent inspectors. Broker has no duty to conduct an independent investigation of a tenant's financial
condition or to verify the accuracy or completeness of any statement made by a tenant.
5.7. Landlord understands that Landlord is not liable for Broker's acts or omissions that have not been
approved, directed, or ratified by Landlord.
5.8. When asked, Broker 181wm Dwm Not disclose to prospective tenants and cooperating brokers the
existence of offers on the Premises and whether the offers were obtained by Broker, a broker within Brokerage
Firm or by another broker.
193 6. ADDITIONAL DUTIES OF LANDLORD'S AGENT. If the landlord Agency box at the top of page 1 is !~; checked, Broker is Landlord's Agent, with the following additional duties:
196 6.1. Promoting the interests of Landlord with the utmost good faith, loyalty and fidelity;
197 6.2. Seeking lease rates and terms that are set forth in this Landlord Listing Contract; and
198 6.3. Counseling Landlord as to any material benefits or risks of a transaction that are actually known by
199 Broker. 200
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COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Landlord 202 7.
203 agrees that any Brokerage Firm compensation that is conditioned upon the Lease of the Premises will be
earned by Brokerage Firm as set forth herein without any discount or allowance for any efforts made by
Landlord or by any other person in connection with the Lease of the Premises.
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LC57-8-13.
7 .1. Amount. In consideration of the services to be performed by Broker, Landlord agrees to pay
Brokerage Firm as follows:
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7 .1.1. Lease Commission. (1) !!!!% of the gross rent under the Lease, or (2) See Additional
Provisions, in U.S. dollars.
7 .1.2. Sales Commission. If the box in § 3.5.2 is checked, Brokerage Firm will paid a fee equal to (1)
n/a% of the gross purchase price or (2) n/a, in U.S. dollars, payable upon delivery of deed. --7.1.3 Other Compensation.
218 n/a
219 7 .2. Cooperative Broker Compensation. Brokerage Firm offers compensation to outside brokerage
firms, whose brokers are acting as: 220
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181 Tenant Agents: TBD % of the gross rent under the Lease or , in U.S. dollars.
181 Transaction-Brokers: TSO % of the gross rent under the Lease or, in U.S. dollars.
7.3. When Earned. Such commission is earned upon the occurrence of any of the following:
7 .3.1. Any Lease of the Premises within the Listing Period by Landlord, by Broker or by any other
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7 .3.2. Broker finding a tenant who Is ready, willing and able to complete the Lease or Sale as
specified in this Landlord Listing Contract: or
7 .3.3. Any Lease (or Sale if§ 3.5.2 is checked) of the Premises within 120 calendar days after the
Listing Period expires (Holdover Period) (1) to anyone with whom Broker negotiated and (2) whose name was
submitted, in writing, to Landlord by Broker during the Listing Period (Submitted Prospect). Provided, however,
Landlord &vm Dwm Not owe the commission to Brokerage Firm under this§ 7.3.3 if a commission is
earned by another licensed real estate brokerage firm acting pursuant to an exclusive agreement entered into
during the Holdover Period and a Lease or Sale to a Submitted Prospect is consummated. If no box is checked
in this§ 7.3.3, then Landlord does not owe the commission to Brokerage Firm.
7.4. When Applicable and Payable. The commission obligation applies to a Lease made during the
Listing Period or any written extension of such original or extended term. The commission described in § 7.1.1
is payable upon mutual execution of the Lease or possession, whichever occurs first, or See Additional
Provisions , as contemplated by§ 7.3.1 or§ 7.3.3, or upon fulfillment of§ 7.3.2 where either the offer made
by such tenant is not accepted by Landlord or b fusal or n~eglect of Landlord to consummate the Lease
as agreed upon. ~· ,,..,.._.,,.,r-~~ . · \\"\
7.5 Extenslons/Renewals/E nsion. 811 . er Dwm Ill Not be paid a fee In the event:
Tenant exercises an option to · end or g-Renew under the lease
D Tenant expands into additional space within the building or complex where the Premises is located
If Brokerage Firm is to be paid a fee for such extension, renewal or expansion, such fee is in the amount of
n/a, and is due and payable upon D the Exercise by tenant of such right to extend or renew the Lease or
upon the exercise by tenant to expand the Premises, D Upon the Commencement of any such extended,
renewed or expansion term of the Lease, or D n/a.
8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor the Brokerage Firm, except as set
forth in § 7, will accept compensation from any other person or entity in connection with the Premises without
the written consent of Landlord. Additionally, neither Broker nor Brokerage Firm is permitted assess or receive
mark-ups or other compensation for services performed by any third party or affiliated business entity unless
Landlord signs a separate written consent for such services.
9. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Landlord has
been advised by Broker of the advantages and disadvantages of various marketing methods, including
advertising and the use of multiple listing services (MLS) and various methods of making the Premises
accessible by other brokerage firms (e.g., using lock boxes, by-appointment-only showings, etc.), and whether
some methods may limit the ability of another broker to show the Premises. After having been so advised,
Landlord has chosen the following:
9.1. MLS/lnformation Exchange.
9.1.1. The Premises BNm Dwm Not be submitted to one or more MLS and &vm Dwm Not be
277 submitted to one or more property Information exchanges. If submitted, Landlord authorizes Broker to provide
~;: timely notice of any status change to such MLS and information exchanges. Upon consummation of a
280 transaction, Landlord authorizes Broker to provide lease Information to such MLS and information exchanges.
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9.1.2. Landlord authorizes the use of electronic and all other marketing methods except:
nla .
9.1.3. Landlord further authorizes use of the data by MLS and property information exchanges, if
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286 9.1.4. The Premises Address &vm Dwm Not be displayed on the Internet.
9.1.5. The Premises Listing ~ill Dwm Not be displayed on the Internet.
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9.2. Property Access. Access to the Premises may be by:
181 Manual Lock Box D Electronic Lock Box
181 Via Appointment with Ian Elfner, Heather Taylor or Matt Call
Other instructions: n/a
9.3. Broker Marketing.The following specific marketing tasks will be performed by Broker:
Advertise on Xceligent, Loopnet, Co-Star. Broker eblasts. Canvassing. Target marketing as
mutually agreed to by Listing Agent and Seller.
LANDLORD'S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT. 300 10.
301 10.1. Negotiations and Communication. Landlord agrees to conduct all negotiations for the Lease of
the Premises only through Broker, and to refer to Broker all communications received in any form from real
estate brokers, prospective tenants, buyers, or any other source during the Listing Period of this Landlord
Listing Contract.
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10.2. Advertising. Landlord agrees that any advertising of the Premises by Landlord (e.g., Internet,
print and signage) must first be approved by Broker.
10.3. No Existing Listing Agreement. Landlord represents that Landlord Dis 1811s Not currently a
party to any listing agreement with any other broker to Lease the Premises.
10.4. Ownership of Materials and Consent. Landlord represents that all materials (including all
photographs, renderings, images or other creative items) supplied to Broker by or on behalf of Landlord are
owned by Landlord, except as Landlord has disclosed in writing to Broker. Landlord is authorized to and grants
to Broker, Brokerage Firm and any MLS (that Broker submits the Premises to) a nonexclusive irrevocable,
royalty-free license to use such material for marketing of the Premises, reporting as required and the
publishing, display and reproduction of such material, compilation and data. This license survives the
termination of this Landlord Listing Contract.
10.5. Required Information to County Assessor. Landlord consents that Broker may supply certain
information to the county assessor if the Premises is residential and is furnished .
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RENTAL RATE AND TERMS. The following Rental Rate and Terms are acceptable to Landlord:
11.1. Rental Rate. U.S. $As mutually agreed to by Landlord & Tenant
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11.2. Minimum Amount of Security Deposit. U.S. $TBD.
11.3. Other Terms:
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12. DEPOSITS. Brokerage Firm is authorized to accept security deposits received by Broker pursuant to a
proposed Lease, Brokerage Firm is authorized to deliver the security deposit to the Premises manager, if any,
upon the execution of the Lease.
338 13. INCLUSIONS AND EXCLUSIONS.
339 13.1. Inclusions.
340 13.1.1. The Lease includes the following items (Inclusions): 341
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The Inclusions will be leased by Landlord to tenant, all in their present condition .
13.1.2. Parking and Storage Facilities. The following parking facilities: n/a, and the following
storage facilities: nla. -
13.2. Exclusions. The following are excluded (Exclusions):
nla
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14. TITLE AND ENCUMBRANCES. Landlord represents to Broker that Landlord has the right and authority
to enter into a Lease of the Premises. Landlord must deliver to Broker true copies of all relevant title materials,
leases, improvement location certificates and surveys in Landlord's possession and must disclose to Broker all
easements, liens and other encumbrances, if any, on the Premises, of which Landlord has knowledge.
359 15.
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POSSESSION. Possession of the Premises will be delivered to tenant as follows: nla
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362 16. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
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16.1. Broker's Obligations. Colorado law requires a broker to disclose to any prospective tenant all
adverse material facts actually known by such broker including but not limited to adverse material facts
pertaining to the title to the Premises and the physical condition of the Premises, any material defects in the
Premises, and any environmental hazards affecting the Premises which are required by law to be disclosed.
These types of disclosures may include such matters as structural defects, soil conditions, violations of health,
zoning or building laws, and nonconforming uses and zoning variances. Landlord agrees that any tenant may
have the Premises and Inclusions inspected and authorizes Broker to disclose any facts actually known by
Broker about the Premises.
16.2. Landlord's Obligations.
16.2.1. Landlord's Premises Disclosure Form. Disclosure of known material latent (not obvious)
defects is required by law. Landlord lmAgrees Dooes Not Agree to provide a written disclosure of adverse
matters regarding the Premises completed to Landlord's current. actual knowledge.
16.2.2. Lead-Based Paint. Unless exempt, if the improvements on the Premises include one or
more residential dwellings for which a building permit was issued prior to January 1, 1978, a completed
Lead-Based Paint Disclosure (Rental) form must be signed by Landlord and the real estate licensees, and
given to any potential tenant in a timely manner.
16.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Premises have a fuel-fired
heater or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping
purposes (Bedroom), Landlord understands that Colorado law requires that Landlord assure the Premises has
an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a
location as required by the applicable building code, prior to offering the Premises for lease or sale.
16.2.4. Condition of Premises. The Premises will be delivered in the condition existing as of the
date of the lease or sales contract, ordinary wear and tear excepted, unless Landlord, at Landlord's sole
option, agrees in writing to any repairs or other work to be performed by Landlord.
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396 17. RIGHT OF PARTIES TO CANCEL.
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17 .1. Right of Landlord to Cancel. In the event Broker defaults under this Landlord Listing Contract,
Landlord has the right to cancel this Landlord Listing Contract, including all rights of Brokerage Firm to any
compensation if the Landlord Agency box is checked. Examples of a Broker default include, but are not limited
to (1) abandonment of Landlord, (2) failure to fulfill all material obligations of Broker, and (3) failure to fulfill all
material Uniform Duties (§ 5) or, if the Landlord Agency box at the top of page 1 is checked, the failure to fulfill
all material Additional Duties Of Landlord's Agent(§ 6). Any rights of Landlord that accrued prior to cancellation
will survive such cancellation.
17.2. Right of Broker to Cancel. Brokerage Firm may cancel this Landlord Listing Contract upon written
notice to Landlord that title is not satisfactory to Brokerage Firm. Although Broker has no obligation to
investigate or inspect the Premises, and no duty to verify statements made, Brokerage Firm has the right to
cancel this Landlord Listing Contract if any of the following are unsatisfactory (1) the physical condition of the
Premises or Inclusions, (2) any proposed or existing transportation project, road, street or highway, (3) any
other activity, odor or noise (whether on or off the Premises) and its effect or expected effect on the Premises
or its occupants, or (4) any facts or suspicions regarding circumstances that could psychologically impact or
stigmatize the Premises. Additionally, Brokerage Firm has the right to cancel this Landlord Listing Contract if
Landlord or occupant of the Premises fails to reasonably cooperate with Broker or Landlord defaults under this
Landlord Listing Contract. Any rights of Brokerage Firm that accrued prior to cancellation will survive such
cancellation.
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18. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage
Firm must bear all expenses incurred by Brokerage Firm, if any, to market the Premises and to compensate
cooperating brokerage firms, if any. Neither Broker nor Brokerage Firm will obtain or order any other products
or services unless Landlord agrees in writing to pay for them promptly when due (examples: space planning,
drawings, surveys, radon tests, title reports, engineering studies, property inspections). Unless otherwise
agreed, neither Broker nor Brokerage Firm is obligated to advance funds for Landlord. Landlord must
reimburse Brokerage Firm for payments made by Brokerage Firm for such products or services authorized by
Landlord.
19. DISCLOSURE OF SETTLEMENT COSTS. Landlord acknowledges that costs, quality, and extent of
service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title
companies).
20. MAINTENANCE OF THE PREMISES. Neither Broker nor Brokerage Firm is responsible for
maintenance of the Premises nor are they liable for damage of any kind occurring to the Premises, unless such
damage is caused by their negligence or intentional misconduct.
21. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective tenant
because of the race, creed, color, sex, sexual orientation, marital status, familial status, physical or mental
disability, handicap, religion, national origin or ancestry of such person.
22. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Landlord
acknowledges that Broker has advised that this document has important legal consequences and has
recommended consultation with legal and tax or other counsel before signing this Landlord Listing Contract.
23. MEDIATION. If a dispute arises relating to this Landlord Listing Contract, prior to or after possession of
the Premises, and is not resolved, the parties must first proceed in good faith to submit the matter to mediation.
Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute
informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must
agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and
will share equally in the cost of such mediation. The mediation, unless otherwise agreed, will terminate in the
event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation
is delivered by one party to the other party's last known address.
24. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Landlord Listing Contract,
the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney
and legal fees.
25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the
Colorado Real Estate Commission.)
Section 3.6 continued Following the initial 9 month listing term either party shall have the right
to terminate by providing 30 day prior written notice.
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480 Firm shall not be paid for a lease extension or lease renewal.
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LC57-8-13.
NavPoint Real Estate Group will charge a 3% fee on the total net lease consideration for years
1-5 and 1.5% years 6-10 for the lease term upon the successful execution of a lease and waiver
of all contingencies as applicable within the lease, OR 5% for 1-5 and 3% for 6-10 with a
cooperating broker involved. 50% of said fee will be due upon mutual execution of the lease
EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 7 of9 312 3120 I 7 I : 23 :34 PM
Landlord Initials _____________ _
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agreement and waiver of all contingencies and 50% will be due upon tenant occupancy and
Tenant paying either A) Rent or B) Construction Rent, as required within the lease agreement.
-For active transactions as of 1/20/2017 including St. Charles Town Company, LLC; John
Elway Auto Dealership represented by Legend Partners, and a Hotel represented by DePaul
Real Estate Advisers NavPoint Real Estate Group shall be paid 50% of the commissions due to
NavPoint Real Estate Group if a lease(s) are completed at or less than the initially submitted
LOl(s) on a psf basis OR NavPoint Real Estate Group shall be paid 100% of the commissions
due to NavPoint Real Estate Group if a lease(s) are completed at an amount that is above and
beyond the submitted LOl(s) on a psf basis.
Brokerage Firm and Landlord agree to utilize the ERMF (Englewood Mclellan Reservoir
Foundation) Letter of Intent form for any and all Letter of Intent negotiations.
26. ATTACHMENTS. The following are a part of this landlord listing Contract:
nla
27. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Landlord Listing Contract is
deemed to inure to the benefit of any person other than Landlord, Broker and Brokerage Firm.
28. NOTICE, DELIVERY AND CHOICE OF LAW.
28.1. Physical Delivery. All notices must be in writing, except as provided in§ 28.2. Any document,
including a signed document or notice, delivered to the other party to this Landlord listing Contract, is effective
upon physical receipt. Delivery to Landlord is effective when physically received by Landlord, any signator on
behalf of Landlord, any named individual of Landlord or representative of Landlord .
28.2. Electronic Delivery. As an alternative to physical delivery, any document, including a signed
document or written notice, ma~e delivered in electronic form only by the following indicated methods:
181 Facsimile 181 E-mail 131 Internet. If no box is checked, this§ 28.2 is not applicable and § 28.1
governs notice and delivery. Documents with original signatures will be provided upon request of any party.
28.3. Choice of Law. This Landlord listing Contract and all disputes arising hereunder are governed by
and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado
residents who sign a contract in this state for property located in Colorado.
29. MODIFICATION OF THIS LANDLORD LISTING CONTRACT. No subsequent modification of any of the
terms of this Landlord Listing Contract is valid, binding upon the parties, or enforceable unless made in writing
and signed by the parties.
30. COUNTERPARTS. This Landlord Listing Contract may be executed by each of the parties, separately,
and when so executed by all the parties, such copies taken together are deemed to be a full and complete
contract between the parties .
31. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any
prior agreements, whether oral or written, have been merged and integrated into this Landlord Listing Contract.
32. COPY OF CONTRACT. Landlord acknowledges receipt of a copy of this Landlord listing Contract
signed by Broker, including all attachments.
Brokerage Firm authorizes Broker to execute this landlord listing Contract on behalf of Brokerage Firm .
LANIILOIID'I IIGNATURI
LC57·8-13 . EXCLUSIV E RIGJ-rr~TO-L EAS E LISTING CON TRACT Page 8 of9 4f4/2017 2:48 :25 PM
Landlord Initials -------------
Landlord: Englewood McLellan Reservoir Foundation
By: Tom Brennan
Address:1000 Englewood Pkwy Englewood CO 80110
Phone: Fax:
Email:
------~-~=-~---'""""--___ ,_~_· __ ~ __ £!_ __ ~ __ ..., __ ...... ____ Date: __ 112_01._20_1_7_
Broker: Ian Effner
Brokerage Firm,s
Address: 37 40
,_,,....,...o/nt Real Estate Group
'UB,,......,/te 200 Castle 8 , CO 80109
Ph: 720.376 2 .elf11.er@navpointre.com
--~-_,..;.--~-,..! ....,,,....:;.-----□•le: I/?-, /:;t-
Brokerage Firms Name: NavPolnt Real Estate Group
Address: 37 40 Dacoro Lane, Suite 200 Castle Rock CO 80109
Ph: 720-420-7530 Fax: 120.240-0762 Email: matt.call@navpolntre.com
-,'-//+-. ,.._ ______ _
Brokerage Firms Name: NavPolnt Real Estate Group
Address: 3740 Dacoro Lane, Suite 200 Castle Rock CO 80109
Ph: 72o-420-7530 Fax: 720.240.0762 Email: heather.taylor@navpointre.com
LC57-8-13 EXCLUSIVE RIGHT-TO-LEASE usnNG CONTRACT
CTM eContracts • (!'2016 CTM Software Corp .
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Landlord Initials ___________ _