The URL can be used to link to this page

Home My Public Portal About2017.05.04 Colliers Paragon LLC - Golf Pro Restuarant Lease AgreementColliers INTERNATIONAL EXCLUSIVE LEASING LISTING AGREEMENT COLLIERS PARAGON, LLC 1. City of McCall ("Owner") hereby grants to Colliers Paragon LLC, Boise, Idaho, ("Broker") the exclusive right to negotiate a lease or leases on the real property (the "Property") described below for a period of six (6) months commencing upon the date of execution of this agreement and expiring November 1, 2017 ("Term"). The Property is located at 925 Fairway Drive in the City of McCall, County of Valley, State of Idaho, and is further described as Parcel RPM00000103615. The Broker is engaged to seek interested parties and negotiate a lease for the Restaurant portion of this facility which is comprised of the kitchen and bar area, walk-in cooler, dining and seating area, bar area, entryway and common area, second floor bathrooms, outdoor deck and seating area, wood storage facility, and outside dry storage area. The approximate total square footage of the areas to be leased within this facility is 5,376. The legal description of the property is set forth on Exhibit A attached hereto and incorporated herein. The general terms and conditions of the Lease(s) shall be as agreed upon by Lessee and Owner. 2. In consideration of this Agreement and the Broker's agreement to pursue the procurement of a tenant or tenants to occupy the Property or a portion of the Property, Owner agrees to pay Broker a leasing commission (hereinafter "Commission") in accordance with the following: (i) A Commission of six (6%) percent of the total rent of the first sixty (60) months commencing at such time when the base or minimum rent commences. One-half (%) of the commission shall be due and payable upon the execution date of a lease by Owner and tenant and the balance shall be due and payable the sooner of; (a) The tenant occupancy date or (b) one hundred eighty (180) days after the execution date of the lease. (ii) In the event of a month -to -month tenancy, the Commission shall be the first month's rent or one thousand ($1,000.00) dollars, whichever amount is greater. -The Commission shall be due and payable upon the execution date of the lease by Owner and tenant or possession of the Property by tenant, whichever date is sooner. 3. The Commission shall be earned for services rendered if, during the Term: (a) the Property is leased to a tenant procured by Broker, Owner or anyone else; or (b) any contract for the lease of the Property is entered into by Owner. Broker is authorized to co-operate with and to share its Commission with other real estate brokers, regardless of whether said brokers represent prospective tenants or act as Broker's subagents. 4. Owner further agrees to pay Broker a Commission in accordance with Section 2 above, if, within one hundred twenty (120) calendar days after the expiration or termination of the Term, the Property is leased to anyone, or negotiations continue, resume or commence and thereafter continue leading to the execution of a lease with any person or entity (including his/her/its successors, assigns or affiliates) with whom Broker has negotiated (either directly or through another broker or agent) or to whom the Property has been submitted prior to the expiration or termination of the Term. Broker is authorized to continue negotiations with such persons or Page 1 Colliers INTERNATIONAL entities. Broker agrees to submit a list of such persons or entities to Owner not later than thirty (30) calendar days following the expiration or termination of the Term, provided, however, that if a written offer has been submitted it shall not be necessary to include the offeror's name on the list. 5. It is understood that Broker shall not be responsible for any legal expenses, architects, designers, or planners' fees or expenses, nor for the cost of any advertising material, such as brochures and mailers beyond those normally provided by Broker, provided that Broker shall not contract for any such services on Owner's behalf without Owner's prior consent and approval. 6. Owner and Broker agree that the Property will be offered in compliance with all applicable federal, state and local anti -discrimination laws and regulations. 7. Owner agrees to cooperate with Broker in effecting leases of the Property and immediately to refer to Broker all inquiries of anyone interested in the Property. All negotiations are to be through Broker. Broker is authorized to accept a deposit from any prospective tenant and to handle it in accordance with the instructions of the parties unless contrary to applicable law. Broker is exclusively authorized to advertise the Property and exclusively authorized to place a sign(s) on the Property if, in Broker's opinion, such would facilitate the leasing of the Property. The individual(s) executing this Agreement warrant and represent said individual(s) either own the Property or has/have full power and right to enter into this Agreement and to lease the Property on behalf of the Owner. Owner and its counsel will be responsible for determining the legal sufficiency of a lease and any other documents relating to any transaction contemplated by the Agreement. 8. Owner agrees to disclose to Broker and to prospective tenants any and all information which Owner has regarding present and future zoning and environmental matters affecting the Property and the condition of the Property, including, but not limited to structural, mechanical and soils conditions, the presence and locations of asbestos, PCB transformers, other toxic, hazardous or contaminated substances, and underground storage tanks in, on or about the Property. Broker is authorized to disclose any such information to prospective tenants. 9. Owner acknowledges that Broker may represent prospective tenants. Owner desires that the Property be presented to such persons or entities, and consents to the dual representation created thereby. Broker shall not disclose the confidential information of one principal to the other. 10. In the event that Owner lists the Property with another broker after the expiration or termination of this Agreement, Owner agrees to provide in the subsequent listing agreement that a commission will not be payable to the new broker with respect to transactions for which Owner remains obligated to pay a Commission to Broker under Paragraph 5 hereof. Owner's failure to do so, however, shall not affect Owner's obligations to Broker under Paragraph 5 hereof. 11. Each signature to this Agreement represents and warrants that they have full authority to sign this Agreement on behalf of the party for whom they sign and that the Agreement binds such party. 12. Owner and Broker shall each have the right to cancel said Agreement at any time after one hundred and eighty (180) days from the execution date of this Agreement. Written notification must be given regarding the intent to cancel to the other party, and said cancellation shall be effective thirty (30) days from receipt of said notification. The termination of this Agreement by written cancellation shall not affect Owner's obligation to Broker under Paragraph 5 hereof. Exclusive Leasing Listing Agreement Page 2 AGREED AND ACCEPTED: By: Title: COLLIERS PARAGON, LLC Owner City of McCall z George Iliff Designated Broker Address: 755 W. Front St., Suite 300 PO Box 7248 Boise, ID 83707-1248 By: Title: Colliers INTERNATIONAL cki ay, cCall or, Ci of e J. Ay on Address: 216 E. Park Street McCall, ID 83638 Telephone: (208) 345-9000 Telephone 208-634-1003 Fax: (208) 343-3124 Fax: a0%'—&34 --3 b3$1 Email: George.Iliff@colliers.com Email: jaymon@mccall.id.us Date: 57 // 1- Date: /1 I Exclusive Leasing Listing Agreement Page 3 5 Colliers INTERNATIONAL Exhibit A Legal Description: Parcel #RPM00000103615 MCCALL ACREAGE TAX NO. 6-A IN SW4 NW4 S10 T18N R3E Exclusive Leasing Listing Agreement Page 4