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2017-199
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-199 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LISTING AGREEMENT WITH KELLER WILLIAMS REALTY FOR THE LISTING FOR SALE OF CERTAIN CITY -OWNED REAL PROPERTY ASSETS, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, the Mayor and City Council of the City of San Bernardino (the "City") previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"); and WHEREAS, at the time of dissolution, the former Redevelopment Agency held many public, commercial and residential real property assets that had been acquired for community, economic and affordable housing purposes; and WHEREAS, as a part of redevelopment dissolution, successor agencies with real property assets are required dispose of such property pursuant to either a Long -Range Property Management Plan (the "LRPMP") or Housing Asset Transfer Plan (the "HAT") approved by the California Department of Finance (the "DOF"); and WHEREAS, depending on the disposition category approved by the DOF, real property assets are to be transferred in one of the following ways: i) to the City for government use; ii) to the City for future development; iii) to the City for affordable housing purposes; or iv) to be sold; and WHEREAS, on February 23, 2017, the City Council Ad Hoc Real Estate Committee met and reviewed a proposed Property Disposition Strategy that addresses the manner in which the properties designated for sale pursuant to the LRPMP and the HAT would be sold; and WHEREAS, on March 6, 2017, the Successor Agency Board approved the original Property Disposition Strategy, which among other things, authorized a competitive process that would result in 18 sites being listed for sale with a real estate broker (sixteen [16] of which are Successor Agency -owned and two [2] of which are City -owned); and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, since March 6, 2017, circumstances have changed with respect to two of the 18 sites proposed to be listed with a real estate broker and as a result, LRPMP site Nos. 26 and 41 no longer need to be listed for sale with a real estate broker, as further described in the Amended Property Disposition Strategy, which was approved on August 16, 2017; and WHEREAS, as a result of the foregoing, the 16 sites described within the Schedule of Property to be Listed and Sold, a copy of which is included as Exhibit "A" to this Resolution, are to be listed for sale with a real estate broker (fifteen [15] of which are Successor Agency -owned and one [ 1 ] of which is City -owned); and WHEREAS, consistent with the Property Disposition Strategy: i) during April 2017, an open Invitation for Prospectus to list for sale certain City -owned and Successor Agency -owned properties was issued via a direct mailing and a posting on the City's Internet site; ii) on May 10, 2017, a non -mandatory meeting was held for all interested brokers (of which 13 brokers/realtors attended), and iii) by the submittal deadline of May 31, 2017, five (5) brokers submitted proposals; and WHEREAS, a five -member review panel carefully reviewed each proposal received and interviewed each qualified applicant and, based on this process, unanimously concluded that Keller Williams Realty's (the "KW") proposal will best meet the Successor Agency's and City's current needs; and WHEREAS, the other four (4) responding brokers were invited to participate in the purchase and sale process through KW's commission sharing program by bringing forward potential buyers once the properties on the Schedule of Property to be Listed and Sold are placed on the market; and WHEREAS, adoption of this Resolution will approve an Listing Agreement with KW, a copy of which is attached hereto as Exhibit "A", for the listing for sale of the City's real property assets included with the Schedule of Property to be Listed and Sold; and WHEREAS, each future real property sales transaction will require an approval by the Mayor and City Council or the Successor Agency Board, as applicable; and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines; and WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Listing Agreement with Keller Williams Realty, a copy of which is attached hereto as Exhibit "A", for the listing for sale of the City's real property assets included with the Schedule of Property to be Listed and Sold, is hereby approved. Section 3. The City Manager, or her designee, is authorized to execute the Listing Agreement with Keller Williams Realty and to take such other actions to execute such other documents as are necessary to effectuate the intent of this Resolution. Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is I defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines. Section 5. This resolution shall take effect immediately upon the date of its adoption in the manner as required by the City Charter. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LISTING AGREEMENT WITH KELLER WILLIAMS REALTY FOR THE LISTING FOR SALE OF CERTAIN CITY -OWNED REAL PROPERTY ASSETS, AND APPROVING CERTAIN RELATED ACTIONS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18th day of October 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA X SHORETT X(S) NICKEL X(M) RICHARD X MULVIHILL X ABSTAIN ABSENT Georgean arena, CMC,ity Clerk The foregoing Resolution is hereby approved this 18th day of October 2017. Approved as to form: Gary D. Saenz, City Attorney By: 0 vw v U R. Carey Davis, X4 ayor City of San BerAardino 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" LISTING AGREEMENT WITH KELLER WILLIAMS REALTY FOR THE LISTING FOR SALE OF CERTAIN CITY -OWNED REAL PROPERTY ASSETS (See Attachment) 5 DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (Listing Firm to Seller) (As required by the Civil Code) (C.A.R. Form AD, Revised 12114) ❑ (If checked) This form is being provided In connection with a transaction for a leasehold Interest exceeding one year as per Civil Code section 2079.13(k) and (1). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent In the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller. A Fiduciary duty of utmost care, integrity, honesty and loyalty In dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care In performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the properly that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not Involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or In part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty In dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care In performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent Is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmallve duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer In a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, Integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above In their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own Interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction, you may receive more than one disclosure forth, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read Its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, Inclusive, of the Civil Code set forth on page 2. Read It carefully. IIWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). ❑ Buyer ❑ Seller ❑ Landlord ❑ Tenant City of San Bernardino _ _Date ❑ Buyer ❑ Seller ❑ Landlord ❑ Tenant Date AKeller Millams Restry Redlands BRE Lic. q32al Estate Broker (Firm) By RI BRE Llc. #Lc��.25 Date Salesperson or Sr ker-Associate Agency Disclosure Complian (Civil Code §2079.14): • When the listing brokerage company also represents BuyerlTenant The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant. • When SellerfLandlord and Buyer/Tenant are represented by different brokerage companies: (1) the Listing Agent shall have one AD form signed by Seller/Landlord and (IQ the Buyer's/Tenant's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here: (SELLERILANDLORD: DO NOT SIGN HERE) (SELLER/LANDLORD: DO NOT SIGN HERE) Seller/Landlord _ Date Seller/Landlord Date The copyright laws of the United States (Title 17 U.S. Code) forbid the f unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, Including facsimile or computerized formats. Copyright ®1991-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. Reviewed by Date AD REVISED 12114 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) CIVIL CODE SECTIONS 2079.24 (2079AS APPEARS ON THE FRONT) 2079.13 As used In Sections 2079.14 to 2079.24, Inclusive, the following terns have the following meanings: (a) "Agent" means a person acting under provislons of Title 9 (commencing with Section 2295) in a real property transaction, and Includes a person who Is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing Is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who Is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who Is either licensed under a broker or has entered Into a written contract with a broker to act as the broker's agent In connection with ads requiring a real estate license and to function under the brokers supervision In the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who Is not a principal, In a real property transaction, that duty Is equivalent to the duty owed to that party by the broker for whom the associate licensee functions, (c) "Buyer' means a transferee In a real property transaction, and Includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent In more than a casual, transitory, or preliminary manner, with the object of entering Into a real property transaction. "Buyer" Includes vendee or lessee. (d) "Commercial real property" means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined In Sectlon 798.3, or recreational vehicles, as defined In Section 799.29. (e) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer In a real property tranaactlon. (0 "Listing agreement" means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (g) 'Listing agent" means a person who has obtained a Ilsting of real property to act as an agent for compensation. (h) "Listing price" Is the amount expressed In dollars specified in the listing for which the seller Is willing to sell the real property through the listing agent (1) "Offering pdoe" is the amount expressed In dollars specified In an offer to purchase for which the buyer is willing to buy the real property. 0) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) "Real property" means any estate specified by subdivision (1) or (2) of Section 781 In property that constitutes or is Improved with one to four dwelling units, any commercial real. property, any leasehold in these types of property exceeding one year's duration, and mobkehomes, when offered for sale or sold through an agent pursuant to the authority contained In Section 10131.8 of the Business and Professions Code. (1) "Real property transaction" means a transaction for the sale of real property In which an agent is employed by one or more of the principals to act In that transaction, and includes a listing or an offer to purchase. (m) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and Includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration, (n) "Seller" means the transferor In a real property transaction, and Includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" Includes both a vendor and a lessor, (o) "Selling agent" means a listing agent who acts alone, or an agent who acts In cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (p) "Subagent" means a person to whom an agent delegates agency powers as provided In Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not Include an associate licensee who Is acting under the supervision of an agent In a real property transaction, 2079.14 Listing agents and selling agents shall provide the seller and buyer In a real property transaction with a copy of the disclosure forth specBted in Section 2079.18, and, except as provided In subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided In this section or Sectlon 2079.15, as follows: (a) The listing agent, If any, shall provide the disclosure form to the seller prior to entering Into the listing agreement (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure forth pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-faoe basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, In which case no signed acknowledgement of receipt Is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyers offer to purchase, except that If the offer to purchase Is not prepared by the selling agerd, the selling agent shall present the disclosure form to the buyer not later than the next business day after the aching agent receives the offer to purchase from the buyer. 2079.18 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.10 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the reel property transaction exclusively as the buyers agent, exclusively as the sellers agent, or as a dual agent representing both the buyer and'the seller. This relationship shall be confirmed In the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As anon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting In the real property transaction exclusively as the sellers agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed In the contract to purchase and sell real property or In a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. t DO NOT COMPLETE. SAMPLE ONLY is the agent of (check one): ❑ the seller exclusively; or a both the buyer and seller. (Namof Listing Agent) DO NOT COMPLETE. SAMPLE ONLY Is the agent of (check one): ❑the buyer exclusively; or ❑the seller exclusively; or (Name ng end not a same es rs ng gen ❑ both the buyer and seller. (d) The disclosures and confirmation required by this section shall be In addition to the disdosurs required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent In the transaction, 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer Is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a foal estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article If the requirements of Section 2079.14 and Section 2079.17 are compiled with. 2079.21 A dual agent shell not disclose to the buyer that the seller Is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter In any way the duty or responsibility of a dual agent to any principal with respect to confidential Information other than price. 2079.22 Nothing In this article precludes a Ilsting agent from also being a selling agent, and the combination of these functions In one agent does not, of itself, make that agent a dual agent 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which Is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate Ilcensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct In connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Assoclation of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date AD REVISED 12114 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) VACANT LAND LISTING AGREEMENT (C.A.R. Foran VLL, Revised 8117) Date Prepared: October 18. 2017 1. EXCLUSIVE AUTHORIZATION: C4 of San Bernardino _ ("Owners hereby employs and grants Keller Millams Realty Redlands ("Broker") beginning (date) Ocfober 18, 2017_....— and ending at 11:59 P.M. on (date) October 17 2018 ("Listing Perlod' the exclusive and Irrevocable right tc: ® SELL, ❑ LEASE, ❑ EXCHANGE, ❑ OPTION, or ❑ OTHER _ the real property In the City of.... San BemardWo County of _ San Bernardino California, Assessors Parcel No.: , described as: ("Property'). 2. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified In an agreement between Owner and transferee, all fixtures and fittings that are attached to the Properly are Included, and personal property items are excluded from the price. ADDITIONAL ITEMS EXCLUDED: ADDITIONAL ITEMS INCLUDED: Owner Intends that the above Items be excluded or Included in listing the Properly, but understands that (1) the Agreement between owner and transferee supersedes any intention expressed above and will ultimately determine which Items are excluded and included In the transaction; and (ti) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be in the Agreement between Owner and transferee. 3. US71NG PRICE AND TERMS: A. The listing price shall be See Exhibit "A Iisting price shown separately for each property B. Additional Terms: See Exhibit "A" - - ----..—... ....... – ... Dollars ($ ). 4. COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker Individually and may be negotiable between Owner and Broker (real estate commissions Include all compensation and fees to Broker). A. Owner agrees to pay to Broker as compensation for services Irrespective of agency relationship(s): ® 10 percent of the of the contract price), if: (1) during the Listing Period, or any extension, Broker, cooperating broker, Owner or any other person procures a ready, willing, and able buyer(s) whose offer to purchase the Property on any price and terns is accepted by Seller, provided the Buyer completes the transaction or is prevented from doing so by Seller. (Broker is entitled to compensation whether -any escrow resulting from such offer closes during or after the expiration of the Listing Period, or any extension.) (2) within -_ 30 calendar days after the end of the Listing Period or any extension, Owner enters Into a contract to sell, lease, exchange, option, convey or otherwise transfer the Property to anyone ("Prospective Transferee") or that person's related entity: (1) who physically entered and was shown the Property during the Listing Period, or any extension by Broker or a cooperating broker; or (11) for whom Broker or any cooperating broker submitted to Owner a signed, written offer to acquire, lease, exchange or obtain an option on the Property. Owner,'however, shall have no obligation to Broker under this paragraph 4A(2) unless, not later than the end of the Listing Period or any extension or cancellation, Broker has given Owner a written notice of the names of such Prospective Transferees. (3) without Broker's prior written consent, the Property Is withdrawn from sale, lease, exchange, option or other, as specified In paragraph 1, or Is sold, conveyed, leased, rented, exchanged, optioned or otherwise transferred, or made unmarketable by a voluntary act of Owner during the Listing Period, or any extension thereof. B. If completion of the transaction Is prevented by a party to the transaction other than Owner, then compensation due under paragraph 4A shall be payable only If and when Owner collects damages by suit, arbitration, settlement, or otherwise, and then In an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow expenses and the expenses of collection, If any. C. gntentionally omitted]._ D. [Intentionally omitted] _....__. E. Owner hereby Irrevocably assigns to Broker the above compensation from Owner's funds and proceeds in escrow, Broker may submit this Listing Agreement, as instructions to compensate Broker pursuant to paragraph 4A, to any escrow regarding the Property Involving Owner and a buyer, transferee or Prospective Transferee. F. (1) Owner represents that Owner has not previously entered Into a Ilsfing agreement with another broker regarding the Property, unless specified as follows: Not applicable., no potential buyers were excluded from this Vacant Land Listing Agreement. (2) Owner warrants that Owner has no obligation to pay compensation to any other broker regarding the Property unless the Property Is transferred to any of the following Prospective Transferees: N/A (3) If the Property is transferred to anyone listed above during the time Owner Is obligated to compensate another broker: (1) Broker Is not entitled to compensation under this Listing Agreement; and (ip Broker Is not obligated to represent Owner in such transaction. Broker's Initials Owner's Initials (PAGE 1 OF 5) VACANT LAND LISTING AGREEMENT (VLL PAGE 1 OF 5) Property Address: See Exhibit "A" Date: October 18. 2017 5. MULTIPLE LISTING SERVICE: A. Broker Is a participant/subscriber to Multiple Listing Service (MLS) and possibly others. Unless otherwise Instructed In writing the Property will be listed with the MLS(s) specified above. That MLS Is (or if checked ❑ is not) the primary MLS for the geographic area of the Property. All terms of the transaction, Including sales price and financing, If applicable, (1) will be provided to the MLS in which the properly is listed for publication, dissemination and use by persons and entities on terms approved by the MLS and (11) may be provided to the MLS even if the Property Is not listed with the MLS. BENEFITS OF USING THE MLS; IMPACT OF OPTING OUT OF THE MLS; PRESENTING ALL OFFERS WHAT IS AN MLS? The MLS Is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS describes the price, terms and conditions under which the Owner's property Is offered for sale (including but not limited to the listing broker's offer of compensation to other brokers). It Is likely that a significant number of real estate practitioners In any given area are participants or subscribers to the MLS. The MLS may also be part of a reciprocal agreement to which other multiple listing services belong. Real estate agents belonging to other multiple listing services that have reciprocal agreements with the MLS also have access to the Information submitted to the MLS. The MLS may further transmit the MLS database to Internet sites that post property listings online. EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's property to all real estate agents and brokers (and their potential buyer clients) who are participants or subscribers to the MLS or a reciprocating MLS. CLOSED/PRIVATE LISTING CLUBS OR GROUPS: Closed or private listing dubs or groups are not the same as the MLS. The MLS referred to above Is accessible to all eligible real estate licensees and provides broad exposure for a listed property. Private or dosed listing dubs or groups of licensees may have been formed outside the MLS. Private or dosed listing dubs or groups are accessible to a more limited number of licensees and generally offer less exposure for listed property. Whether listing property through a dosed, private network - and excluding It from the MLS - Is advantageous or disadvantageous to a seller, and why, should be discussed with the agent taking the Seller's listing. NOT LISTING PROPERTY IN A LOCAL MLS: If the Property Is listed In an MLS which does not cover the geographic area where the Property Is located then real estate agents and brokers working that territory, and Buyers they represent looking for property in the neighborhood, may not be aware the Property Is for sale. OPTING OUT OF MLS: If Owner elects to exclude the Property from the MLS, Seller understands and acknowledges that: (a) real estate agents and brokers from other real estate offices, and their buyer clients, who have access to that MLS may not be aware that Owner's Property is offered for sale; (b) Information about Owner's Property will not be transmitted to various real estate Internet sites that are used by the public to search for property listings; (c) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which Owner Is marketing the Property. REDUCTION IN EXPOSURE: Any reduction In exposure of the Property may lower the number of offers and negatively Impact the sales price. written instructions to the contrary. Seller's Initials / Broker's/Agent's Inillalsr B. MLS rules generally provide that residential real property and vacant lot listings be submitted to the MLS within 2 days or some other period of time after all necessary signatures have been obtained on the listing agreement. Broker will not have to submit this listing to the MLS if, within that time, Broker submits to the MLS a form signed by Owner (C.A.R. Form SELM or the local equivalent form). C. MLS rules allow MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary. Seller acknowledges that for any of the below opt -out instructions to be effective, Seller must make them on a separate Instruction to Broker signed by Seller. Specific Information that can be excluded from the Intemet as permitted by (or in accordance with) the MLS is as follows: (1) Property Availability On The MLS; Address On the MLS: Seller can instruct Broker to have the MLS not display the Property or the Property address on the Internet. Seller understands that either of these opt -outs would mean consumers searching for listings on the Internet may not see the Property or Property's address In response to their search. (2) Feature Opt -Outs: Seller can Instruct Broker to advise the MLS that Seller does not want visitors to MLS Participant or Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seller understands (1) that these opt -outs apply only to Websites or Electronic Displays 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 011) that neither Broker nor the MLS may have the ability to control or block such features on other Internet sites. (a) Comments And Reviews: The ability to write comments or reviews about the Property on those sites; or the ability to link to another site containing such comments or reviews If the link Is In Immediate conjunction with the Property display. (b) Automated Estimate Of Value: The ability to create an automated estimate of value or to link to another site containing such an estimate of value If the link Is in immediate conjunction with the Property display. E Seller elects to opt out of certain Internet features as provided by C.A.R. Form SELI or the local equivalent form. Broker's Initials Owner's Initials (PAGE 2 OF 5) VACANT LAND LISTING AGREEMENT (VLL PAGE 2 OF 5) Property Address:_ See Exhibit "A"Date: October 1f, 2017 6. OWNER REPRESENTATIONS: Owner represents that, unless otherwise specified In writing, Owner Is unaware of. (1) any Notice of Default recorded against the Property; (Il) any delinquent amounts due under any loan secured by, or other obligation affecting, the Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative action, government Investigatlon, or other pending or threatened action that affects or may affect the Property or Owner's ability to transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Owner shall promptly notify Broker in writing if Owner becomes aware of any of these Items during the Listing Period or any extension thereof. 7. BROKER'S AND OWNER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Listing Agreement. Unless Owner gives Broker written Instructions to the contrary, Broker is authorized to order reports and disclosures as appropriate or necessary, and advertise and market the Property in any method and medium, Including the Internet, selected by Broker, and, to the extent permitted by these media, Including MLS, control the dissemination of the Information submitted to any medium. Owner agrees to consider offers presented by Broker, and to act In good fafth toward accomplishing the transfer of the Property by, among other things, making the Property available for showing at reasonable times and referring to Broker all Inquiries of any party Interested In the Property. Owner agrees to provide Broker and transferee(s) all written disclosures, as required by law. Owner further agrees to Immediately disclose in writing any condition known to Owner that affects the Property, Including, but not limited to, any past or current generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substances or conditions in, on, or about the Property. Owner is responsible for determining at what price to list and transfer the Property. Owner further agrees to Indemnify, defend and hold Broker harmless from all claims, disputes, litigation, Judgments attorney fees and costs arising from any Incorrect or Incomplete Information supplied by Owner, or from any material facts that Owner knows but falls to disclose Including dangerous or hidden conditions on the Property. [I (if checked) The attached property disclosure Is part of this Listing Agreement and may be provided to Prospective Transferees. 8. [Intentionally Omitted] 9. AGENCY RELATIONSHIPS: A. Disclosure: Owner acknowledges receipt of a "Disclosure Regarding Real Estate Agency Relationship" (CAR. Form AD) form which Is required to be provided to Owner prior to entering Into this Listing Agreement. B. Owner Representation: Broker shall represent Owner in any resulting transaction, except as specified In paragraph 4F, C. [Intentionally Omitted] D. Other Owners: Owner understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or acquire through Broker, property the same as or similar to Owner's Property. Owner consents to Broker's representation of owners and buyers of other properties before, during, and after the end of this Listing Agreement, E. Confirmation: Broker shall confirm the agency relationship described above, or as modified, in writing, prior to or concurrent with Owner's execution of an agreement to sell. 10. [Intentionally Omitted) 11. [Intentionally Omitted] 12. SIGN: Owner authorizes Broker to Install a FOR SALE/SOLD sign on the Property unless otherwise indicated In writing. 13. EQUAL HOUSING OPPORTUNITY: The Property is offered in compliance with federal, state and local anti -disc rlminatlon laws. 14. ATTORNEY'S FEES: In any action, proceeding, or arbitration between Owner and Broker to enforce the compensation provisions of this Agreement, the prevailing. Owner or Broker shall be entitled to reasonable attorney's fees and costs, except as provided in paragraph 18A. Broker's Initials 04�Owner's Initials �� U (PAGE 3 OF 5) VACANT LAND LISTING AGREEMENT (VLL PAGE 3 OF 5) Property Address: See Exhibit "A" Date: October 18, 2017 15. ADDITIONAL TERMS: ❑ REOL ❑ SSIA See Exhibit "A" which is attached hereto and incorporated herein by reference. To the extent that there may be conflicts between the 16. MANAGEMENT APPROVAL: If an associate -licensee in Broker's office (salesperson or broker -associate) enters Into this Listing Agreement on Broker's behalf, and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel this Listing Agreement, in writing, within 5 days after Its execution. 17. SUCCESSORS AND ASSIGNS: This Listing Agreement shall be binding upon Owner and Owner's successors and assigns, 18. DISPUTE RESOLUTION: A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them regarding the obligation to pay compensation under this Agreement, 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 (t) commences an action without first attempting to resolve the matter through mediation, or (li) before commencement 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. Exclusions from this mediation agreement are specified in paragraph 18B. S. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (1) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined In Civil Code §2885; (11) 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. C. ADVISORY: If Owner and Broker desire to resolve disputes arising between them through arbitration rather than court, they can document their agreement by attaching and signing an Arbitration Agreement (C.A.R, Form All 18. ENTIRE CONTRACT: All prior discussions, negotiations, and agreements between the parties concerning the subject matter of this Listing Agreement are superseded by this Listing 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 Listing Agreement and any supplement, addendum, or modification, Including any photocopy or facsimile, may be executed in counterparts. 20. OWNERSHIP, TITLE AND AUTHORITY: Owner warrants that: (1) Owner Is the owner of the Property; (11) no other persons or entities have title to the Property, and Oki) Owner has the authority to both execute this Listing Agreement and transfer the Property. Exceptions to ownership, title and authority are as follows: ❑ REPRESENTATIVE CAPACITY: This Listing Agreement is being signed for Owner by an individual acting in a Representative Capacity as specified In the attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-S). Wherever the signature or Initials of the representative identified in the RCSD appear on this Agreement or any related documents, it shall be deemed to be In a representative capacity for the entity described and not in an Individual capacity, unless otherwise indicated. Owner (1) represents that the entity for which the individual Is signing already exists and (11) shall Deliver to Broker, within 3 Days After Execution of this Agreement, evidence of authority to act (such as but not limited to: applicable trust document, or portion thereof, letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). By signing below, Owner acknowledges that Owner has read, understands, received a copy of and agrees to the terms of this Listing Agreement and any attached schedule of compensation. Owner Ciy of San Bemardino Date Address _ _ City State Zip Telephone_ - Fax Email Owner Date--- Address ate_Address CityState- ___ Zip Telephone_ Fax Email Owner........ ....... _...... ..... .... _. Date - Address City. State Zip Telephone .----- Fax Email Broker's Initials Owner's Initials (� U (PAGE 4 OF 5) VACANT LAND LISTING AGREEMENT (VLL PAGE 4 OF 5) Property Address: - See Exhibit "A" ❑ Additional Signature Addendum attached (C.A.R. Form ASA) Real Estate Broker (Firm) KellerWllllams Realty Redlands Address c�,�; City__ Bye Tei._ yr ' —QLIU E-mail By Tel. E-mail Date: October 18, 2017 Cal BRE Lic. # 0 0q0 3 ?,. State _ Zip CaIBRE Licdi!J12REJ Date Q ZV — °� ( 7 CalBRE Lic# Date_ ❑ Two Brokers with different companies are co -listing the Property. Co -listing Broker information is on the attached Additional Broker Acknowledgement (CA.R. Form ABA). Broker's Initials Owner's Initials ( U (PAGE S OF S) VACANT LAND LISTING AGREEMENT (VLL PAGE 5 OF 5) EXHIBIT "A" I. SUPPLEMENTAL TERMS AND CONDITIONS TRANSACTION AND SPECIAL CONDITIONS. (a) The nature of the transaction concerning the Property for which Broker is employed ("Trangaction") is to sell, during the Listing Period or under the circumstances described, the real property described in Section II of this Exhibit "A" at the price and terms agreeable to Owner, acting in its sole and absolute discretion. (b) With respect to Section II of this Exhibit "A," Site No. 24 is owned by the City; no other property is subject to this Agreement and the City retains full discretion with respect to how, when and with whom it will deal with any other City property of its choosing. (c) The listing prices specified within Section II of this Exhibit "A" are based on a Broker's Opinion of Value, reviewed and signed by Broker, as validated as reasonable by Owner. The Parties concur that the real property for sale may ultimately sell at, over or under the listing price as market conditions may support. Any adjustments to the listing prices must be approved by Owner in advance, acting in its sole and absolute discretion. The listing price as shown for each Site shall apply to that Site. (d) Additional real property may be added to this Listing Agreement only if a written amendment to this Listing Agreement is approved in advance by Owner and Broker. (e) For those Sites listed which consist of more than one parcel, the entire site shall be sold together and will not be sold in less than the whole Site. (f) All offers shall be made in writing, vetted by Broker for the prospective buyer's ability to acquire a site without any financing conditions, and presented to the Owner, as received. In the event of multiple offers, Broker will provide a competitive analysis of such offers. In addition to the written offer(s), a stand-alone Broker's Opinion of Value and justification must be provided, supporting the purchase/sale price. (g) All proposed sales are subject to the review and approval by the appropriate governing body i.e., the City or Successor Agency and the Oversight Board and the California Department of Finance ("DOF"). The listing agent shall disclose this contingency to all prospective buyers. The Owner is responsible for all correspondence with the Oversight Board and DOF. (h) The Owner does not provide any assurance that the Oversight Board or the DOF will agree to the sale price or other terms of sale. (i) All sales shall be for cash only and no sale shall be conditioned upon buyer obtaining financing. (j) Owner shall provide the purchase and sale agreement for each real property being sold. A Broker provided purchase and sale agreement shall not be used. In connection with any sale, the Owner -provided purchase and sale agreement shall require the prospective buyer to pay to Owner the "Independent Consideration" of One Hundred Dollars ($100.00); such amount shall be nonrefundable and shall be retained by Owner as its property unless the sole reason a sale fails to close is the Page 8 of 6 Broker's Initial owners Initials U (� wrongful refusal of Owner to execute a deed or the failure by the Oversight Board or the DOF to approve the sale. If a sale closes, Buyer shall receive a credit against the purchase price for any amount theretofore paid to Owner as Independent Consideration. (k) The Broker's compensation described in Section 4 (A) of the Listing Agreement is not payable unless a sale is completed, as evidence by the close of escrow related to a Property. Said compensation shall be for all of Broker's services pursuant to the Listing Agreement. There shall not be any additional payments due Broker for any reason. (1) Owner shall be responsible for designating the escrow holder and title insurer. Broker and/or Buyer may recommend services providers. (m) Site No. 24 is subject to Owner's special development conditions. Owner prefers community -oriented retail projects at this Site. In that regard, Owner requires any prospective buyer to indicate the type, scope and schedule for development of this Site. Therefore, and depending on a prospective buyer's proposal for use of this Site, the Owner may provide, at its sole and absolute discretion, an additional timeframe (i.e., a negotiating period) to conduct an appropriate due diligence review with respect to potential end-users for this Site. Broker shall cooperate with Owner with respect to these matters. (n) There shall be no lock box. Access to any Site shall be by appointment only, with staff of the Owner and, as applicable, broker. NO OTHER BROKERS. Owner -represents that no other broker has been engaged to represent Owner with respect to the sale of the.Property. . ACCEPTANCE OF DEPOSITS. Broker shall not accept deposits on behalf of the Owner from potential buyers. The deposit in connection with the Independent Consideration shall be governed by the terms of a purchase and sale agreement. NO DUAL AGENCY. The Broker shall not represent any third party with respect to the Transaction. In that regard, dual agency is prohibited. A Cooperating Broker shall not be an agent or subagent of Broker. However, any Keller Williams franchise holder, other than Keller Williams Redlands, is excluded from this provision. EXTENSION OF LISTING PERIOD. If the sale Transaction is not consummated for any reason after Owner accepts an offer to purchase the Property ("Sale Agreement"), then any extension of the expiration date of the Listing Period of this Agreement may be extended at the sole discretion of Owner; provided that in no event shall the Listing Period of this Agreement be extended past a date which is the earlier to occur of. (i) the number of days between the date the Sale Agreement is entered into and the time at which Sale Agreement is terminated or escrow is terminated (whichever shall earlier occur); or (ii) the first anniversary of this Agreement. Page 9of6 Broker's Initla (_j Owner's Inigals U U COURTESY TO THIRD -PARTY BROKERS. Broker is authorized to cooperate and compensate brokers who represent a prospective buyer(s) that actually purchase a listed property and closes escrow at a fee/commission equal to 50 percent (50%) of the Broker's Compensation, as described in Section 4. A of this Agreement (a broker's participation through a multiple listing service(s) is not a prerequisite to receiving payments pursuant to this section). POLICE POWER. The City of San Bernardino shall retain its regulatory authority over the Property, and nothing herein shall be construed as a waiver or exercise of such regulatory authority. INDEMNITY. Subject to the limitations herein, each Party agrees to and shall indemnify and hold the other, its elected officials (if applicable), employees, agents, subcontractors, and/or representatives free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of the indemnifying party, its elected officials (if applicable), employees, agents, representatives, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the indemnifying party, its elected officials (if applicable), employees, agents, representatives, or subcontractors. INSURANCE. While not restricting or limiting the foregoing, during the Listing Period of this Agreement, Broker shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the Owner's Risk Manager prior to undertaking any work under this Agreement. Owner shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the Owner shall require the insurer to notify Owner of any change or termination in the policy. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Broker shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender, sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. INDEPENDENT CONTRACTOR. Broker shall perform work tasks provided by this Agreement. But for all intents and purposes, Broker shall be an independent contractor and not an agent or employee of the Owner. Broker shall secure, at its expense, and be responsible for, any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other Page 10 of 6 Broker's Initla Owner's Initials U (� payroll deductions for Broker and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. BUSINESS REGISTRATION CERTIFICATE AND OTBER REQUIREMENTS. Broker warrants that it possesses or shall obtain, and maintain a City of San Bernardino business registration certificate and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of Broker to practice its business or profession. ASSIGNMENT. Broker shall not voluntarily or by operation of law assign, transfer, or encumber all or any part of the Broker's interest in this Agreement without the Owner's prior written consent. Any attempted assignment, transfer, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of Owner's consent, no assignment shall release Broker of Broker's obligation to perform all other obligations to be performed by Broker hereunder for the Listing Period of this Agreement. VENUE. The Parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the Parties to be mandatory and not permissive in nature. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their respective heirs, representatives, successors, and assigns. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. REMEDIES; WAIVER All remedies available to either Party for one or more breaches by the other Party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either Party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the Party against whom enforcement is sought. Page 11 of 8 Broker's Initial (� Owner's Initials U U 9 No Is N O rn l6 IL m i Y O - CALIFORNIA ASSOCIATION NOF REALTORS® ADDITIONAL AGENT ACKNOWLEDGEMENT (C.A.R. Form AAA, Revised 12115) This is an addendum to the Purchase Agreement, or ❑ Residential Listing Agreement, or ❑ Buyer Representation Agreement, or © Other Vacant Land Listing Agreement ("Agreement"), dated _ October 18. 2017 on property known as See Exhibit A between _ ("Buyer/Tenant/Broker') and _ _ __City_of San_Bemardino ("Seller/LandlordBrokee). 1. Check ONE box ONLY. If more than one applies, use separate forms for each. A. ❑ Multiple Associate -Licensees working with SellerA andlord; OR B. ❑ Multiple Associate -Licensees working with Buyer/Tenant; 2. A. The real estate licensees named below are all conducting real estate licensed activity under the same Broker: Real Estate Broker name: _ If applicable, Team Name: B. The licensees below have entered into a separate written agreement to share responsibility and compensation for certain real estate licensed activity and have informed Broker of, or given Broker a copy of, that separate written agreement. C. Agent DouglasReYno/dson CaIBRE Lic # 01456022 Agent Ken Patterson CalBRE Lic # 00774852 Agent Lara FernandezCalBRE Lic # 02015587 Agent CalBRE Lic # Agent CalBRE Lic # 3. By signing below, all parties understand, acknowledge and agree that, wherever the name of any licensee above is indicated in the Agreement or related document, as a representative for the Buyer or Seller specified in 1A or B above, the other licensees shall also be deemed to be named. Listing Broker and Seller signatures are not necessary if this form is only used to modify a Buyer Representation Agreement. Selling Broker and Buyer signatures are not necessary if this form is only used to modify a Listing Agreement. Buyer/Tenant . Buyerfrenant Seller/Landlord Seller/Landlord Date Date City of San Bernardino Date Real EStat coker (Lis�m ) Keller Williams Realty Redlands By Dennis M. Craim CalBRE Lic. # 01437825 Real Estate Broker (Selling) By CalBRE Lic. # Date CalBRE Lic. #01904376 Date 0912812017 . CalBRE Lic. # Date O 2015, CaiHomla Association of REALTORS®, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY 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, CONSULTAN APPROPRIATE PROFESSIONAL. l Published and Distributed by: r REAL ESTATE BUSINESS SERVICES, INC. a subsidiaryof d * Caftnda Assodadon of RE4LTORSO ---- e 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by _ Date AAA REVISED 12115 (PAGE 1 OF 1) - ADDITIONAL AGENT ACKNOWLEDGEMENT AAA PAGE 1 OF 11 pp* G�h3Fe _1K1y Meller W00ams Realty Redland311473 Ford Street, Suits 200 Redlands, CA 9X373 Phone: 909.2699191 Fax 909493#200 Sample Usting Dennis M. Cram Produced with ApFcmil) by 21pLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48025