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CALIFORNIA LEASE LISTING AGREEMENT
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ASSOCIATION EXCLUSIVE AUTHORIZATION TO LEASE OR RENT
N�� OF REALTORS® (C.A.R.Form LL,Revised 4/03)
1. EXCLUSIVE RIGHT TO LEASE: City of Grand Terrace ("Owner")
hereby employs and grants same ("Broker')
beginning(date) July 19, 2005 and ending at 11:59 P.M.on(date) July 19, 2006 ("Listing Period"),
the exclusive and irrevocable right to lease or rent the real property in the City of GRand Terrace
County of San Bernardino ,California,described as 21974 Deberry St.
Grand Terrace, Ca. ("Premises").
2. LISTING TERMS:
A. RENT AMOUNT: One Thousand Six Hundred Dollars$ 1,600.00 Per Mo. .
B. TYPE OF TENANCY:(Check all that apply): ❑Month-to-Month;❑x One year 0 Other C. ITEMS INCLUDED IN LEASE/RENTAL: All fixtures and fittings attached to the Premises and the following items of personal property:
Bar Stools, Pool Maintenance Equipment, Window and Floor Coverings
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D. ITEMS EXCLUDED FROM LEASE/RENTAL: 0 Garage/Carport;❑
E. ADDITIONAL TERMS:
3. COMPENSATION:
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):
(1) For fixed term leases:
(a) Either (i)❑x 0 percent of the total rent for the term specified in paragraph 2(or if a fixed term lease is executed,of the total
base payments due under the lease);or(ii)0 '
(b) Owner agrees to pay Broker additional compensation of
if a fixed term lease is executed and is extendegr renewed.Payment is due upon such extension or renewal.
(2) For month-to-month rental:either(i)❑ 1D-.-900 percent of 1600. ;or(ii)E] 160.
(3) The following terms apply whether the tenancy is for a fixed term or month-to-month:
(a) If Broker, cooperating broker, or any other person procures a Tenant who offers to lease/rent the Premises on the above amount and
terms,or on any amount and terms acceptable to Owner during the Listing Period,or any extension thereof;
(b) If Owner,within calendar days after the end of the Listing Period or any extension thereof,enters into a contract to transfer,
lease or rent the Premises to anyone("Prospective Transferee")or that person's related entity:(i)who physically entered and was shown
the Premises during the Listing Period or any extension thereof by Broker or a cooperating broker; or (ii) for whom Broker or any
cooperating broker submitted to Owner a signed,written offer to lease or rent the Premises.Owner,however,shall have no obligation to
Broker under this sub-paragraph 3A(3)(b) unless, not later than 5 calendar days after the end of the Listing Period or any extension,
Broker has given Owner a written notice of the names of such Prospective Transferees.
(c) If, without Broker's prior written consent, the Premises are withdrawn from lease/rental, are leased, rented, or otherwise transferred, or
made unmarketable by a voluntary act of Owner during the Listing Period,or any extension.
B. If commencement of the lease or rental is prevented by a party to the transaction other than Owner,then compensation due under paragraph 3A
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. In addition,Owner agrees to pay:
D. Broker may retain compensation due from any Tenant payments collected by Broker.
E. Owner agrees to pay Broker if Tenant directly or indirectly acquires or enters into an agreement to acquire title to Premises or any part thereof,
whether by sale,exchange,or otherwise,during the term or any extension of tenancy,as follows:compensation shall be equal to
percent of selling price or total consideration in said transfer,whichever is greater. Payment is due upon Tenant's direct or indirect acquisition of
any legal or equitable interest in Premises and,if there is an escrow,shall be through escrow.
F. Broker is authorized to cooperate with and compensate other brokers in any manner acceptable to Broker.
G. (1) Owner warrants that Owner has no obligation to pay compensation to any other broker regarding the lease or rental of Premises unless the
Premises are leased or rented to:
(2) If Premises are leased or rented to anyone listed in 3G(1)during the time Owner is obligated to compensate another broker:(i)Broker is not
entitled to compensation under this Agreement;and(ii)Broker is not obligated to represent Owner with respect to such transaction.
4. TENANT PAYMENTS:Broker is authorized to accept and hold from a prospective Tenant,a deposit to be❑held uncashed,or El placed in Broker's
trust account. Upon execution of a fixed term or month-to-month lease, payments received from Tenant shall be: ®given to Owner,
or❑
The copyright laws of the United States(Title 17 U.S.Code)forbid the unauthorized Owner's Initials ( 44)( )
reproduction of this form,or any portion thereof,by photocopy machine or any other Broker's Initials ( )( ) A
means, including facsimile or computerized formats. Copyright ® 1993-2003,
CALIFORNIA ASSOCIATION OF REALTORS®,INC.ALL RIGHTS RESERVED. EQUAL LL REVISED 4/03(PAGE 1 OF 3) Reviewed by Date OPPORTUNITY
LEASE LISTING AGREEMENT(LL PAGE 1 OF 3)
Agent: Gene Carlstrom Phone:(909)825-2001 Fax:(909)825-2055 Prepared using wlNForms®software
Broker:Terra Loma Real Estate Inc 12034 La Crosse St. , Grand Terrace CA 92313
ob.
Pa7ril ddr ss:21974 Deberry St., GRand Terrace CA 922313 Date:
19. DISPUTE RESOLUTION:
A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction,
before resorting to arbitration or court action.Paragraph 19B(2)below applies whether or not the Arbitration provision is initialed.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 commences an
action without first attempting to resolve the matter through mediation,or refuses to mediate after a request has been made,then that party shall not
be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION
APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Owner and Broker agree that any dispute or claim in law or equity arising
between them regarding the obligation to pay compensation under this agreement, which is not settled
through mediation,shall be decided by neutral, binding arbitration, including and subject to paragraph 19B(2)
below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real
estate law experience, unless the parties mutually agree to a different arbitrator,who shall render an award in
accordance with substantive California Law. The parties shall have the right to discovery in accordance with
Code of Civil Procedure§ 1283.05. In all other respects,the arbitration shall be conducted in accordance with
Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may
be entered in any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by
the Federal Arbitration Act.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration hereunder: (I) a
judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust,mortgage,or installment land sale contract as defined in
Civil Code§2985;(ii)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 of the mediation and arbitration provisions.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES 'PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE
TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT
OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION."
Owner's Initials I Broker's Initials I
20.TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this
Agreement.Its terms are intended by the parties as a final,complete and exclusive expression of their Agreement with respect to its subject matter,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. Neither this Agreement nor any provision in it may be
extended, amended, modified, altered or changed except in writing. This Agreement and any supplement, addendum or modification, including any
copy,may be signed in two or more counterparts,all of which shall constitute one and the same writing.
Owner a Owner erstands, ccepts anhas
s Rrceived a copy of this Agreement.
Owner �� (� Date
Owner City of Grand Terrace
Print Name Social Security/Tax ID#(for tax recording purposes)
Address c/o Terra Loma Real Estate, Inc. City Grand Terrace State Ca Zip 92313
Telephone (909)825-2001 Fax (909)825-2055 E-mail TRLM@aol.coin
Owner Date
Owner
Print Name Social Security/Tax ID#(for tax recording purposes)
Address City State Zip
Telephone ram Fax / E-mail
Real Estate Broker .0x/ex- 1��� 1f 7vfZ ., /��'
By(Agent) Edward G. Carlstrom Datea Address 12034 l Cross av City Grand Terrace State Ca Zip 92313
Telephone (909)825-2001 Fax (909)825-2055 E-mail trim@aol.corn
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(CAR.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry.It is not intended to identify the user as a REALTOR®.REALTOR®is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics.
Cst.RE 4410,
Published by the A
California Association of REALTORS®
The System for Success" Reviewed by Date Faun MUSIC
OPPORTUNITY
LL REVISED 4/03(PAGE 3 OF 3) LEASE LISTING AGREEMENT(LL PAGE 3 OF 3) Scott L smm
P Address:21974 Deberry St., GRand Terrace CA 922313 Date:
5 KEYSAFE/LOCKBOX: ❑(If checked) Owner authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a
keysafe/lockbox addendum(C.A.R.Form KLA).
6. SIGN:(If checked)❑Owner authorizes Broker to install a FOR LEASE sign on the Premises.
7. MULTIPLE LISTING SERVICE: Information about this listing will (or❑ will not) be provided to a multiple listing service(s) ("MLS") of Broker's
selection.All terms of the transaction will be provided to the selected MLS for publication, dissemination and use by persons and entities on terms
approved by the MLS.Seller authorizes Broker to comply with all applicable MLS rules.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.
8. SECURITY AND INSURANCE: Owner agrees: (i) Broker is not responsible for loss of or damage to personal or real property or person, whether
attributable to use of a keysafe/lockbox, a showing of the Premises, or use of the Premises during any resulting tenancy; (ii) to take reasonable
precautions to safeguard,protect or insure valuables that might be accessible during showings of the Premises;and(iii)to obtain insurance to protect
against these risks.Broker does not maintain insurance to protect Owner.
9. OWNERSHIP,TITLE AND AUTHORITY:Owner warrants that:(i)Owner is the legal owner of the Property;(ii)no other persons or entities have title to
the Property;and(iii)Owner has the authority to both execute this contract and lease or rent the Property.Exceptions to ownership,title and authority:
•
10. LEAD-BASED PAINT DISCLOSURE:The Premises[x were,❑were not, constructed prior to 1978. If the Premises were constructed prior to 1978,
Owner is required to complete a federally mandated and approved lead-based paint disclosure form and pamphlet,which shall be given to Tenant prior
to or upon execution of a lease or rental agreement.
11. OWNER REPRESENTATIONS: Owner represents that Owner is unaware of. (i) any recorded Notice of Default affecting the Premises; (ii) any
delinquent amounts due under any loan secured by, or other obligation affecting,the Premises; (iii)any bankruptcy,insolvency or similar proceeding
affecting the Premises;(iv)any litigation,arbitration,administrative action,government investigation,or other pending or threatened action that does or
may affect the Premises or Owner's ability to transfer it;and(v)any current,pending or proposed special assessments affecting the Premises.Owner
shall promptly notify Broker in writing if Owner becomes aware of any of these items during the Listing Period or any extension thereof.
12. BROKER'S AND OWNER'S DUTIES:Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement.Unless
Owner gives Broker written instructions to the contrary,Broker is authorized to advertise and market the Premises in any medium,including the Internet
(e-commerce),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 faith to accomplish the lease or rental of the Premises by,among
other things,making the Premises available for showing at reasonable times and referring to Broker all inquiries of any party interested in the Premises.
Owner is responsible for determining at what price and terms to list and lease or rent the Premises. Owner further agrees, regardless of
responsibility,to indemnify,defend and hold Broker harmless from all claims,disputes,litigation,judgments and attorney fees arising from
any incorrect information supplied by Owner,whether contained in any document,omitted therefrom or otherwise,or from any material facts
that Owner knows but fails to disclose.
13.AGENCY RELATIONSHIPS:
A. Disclosure: If the Premises includes residential property with one-to-four dwelling units, and the listing is for a tenancy in excess of one year,
Owner acknowledges receipt of the"Disclosure Regarding Agency Relationships"form(C.A.R.Form AD).
B. Owner Representation:Broker shall represent Owner in any resulting transaction,except as specified in paragraph 3G.
C. Possible Dual Agency With Tenant:Depending upon the circumstances,it may be necessary or appropriate for Broker to act as an agent for both
Owner and Tenant. Broker shall, as soon as practicable, disclose to Owner any election to act as a dual agent representing both Owner and
Tenant.If a Tenant is procured directly by Broker or an associate licensee in Broker's firm,Owner hereby consents to Broker acting as a dual agent
for Owner and such Tenant.
D. Other Owners: Owner understands that Broker may have or obtain listings on other properties, and that potential tenants may consider, make
offers on, or lease or rent through Broker, premises the same as or similar to Owner's Premises. Owner consents to Broker's representation of
owners and tenants of other properties before,during and after the end of this Agreement.
E. Confirmation:If the Premises includes residential property with one-to-four dwelling units,and the agreed-upon lease is for a tenancy in excess of
one year, Broker shall confirm the agency relationship described above,or as modified,in writing,prior to or coincident with Owner's execution of
such lease.
14. EQUAL HOUSING OPPORTUNITY:The Premises is offered in compliance with federal,state and local anti-discrimination laws.
15.ATTORNEY FEES: In any action, proceeding or arbitration between Owner and Broker regarding the obligation to pay compensation under this
Agreement,the prevailing Owner or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Owner or Broker,except as
provided in paragraph 19A.
16.ADDITION TERMS: ❑Keysafe/Lockbox Addendum(C.A.R.Form KLA); ®Lead-Based Paint and Lead-Based Paint Hazards Disclosure
(C.A.R.Form FLD)
17. MANAGEMENT APPROVAL:If a salesperson or broker-associate enters this Agreement on Broker's behalf,and Broker/Manager does not approve of
its terms,Broker/Manager has the right to cancel this Agreement,in writing,within 5 days after its execution.
18. SUCCESSORS AND ASSIGNS:This Agreement shall be binding upon Owner,and Owner's successors and assigns.
Owner's Initials ( )(
Broker's Initials ( )( ) A
Copyright®1993-2003,CALIFORNIA ASSOCIATION OF REALTORSO,INC. EOUAL LL REVISED 4/03(PAGE 2 OF 3) Reviewed by Date OPPORTUNITY
LEASE LISTING AGREEMENT(LL PAGE 2 OF 3)