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AGREEMENT FOR PROVISION OF REAL ESTATE SERVICES <br />THIS AGREEMENT, made and entered into this 6`'' day of August, 2012 by and between <br />CIBA Real Estate, a general partnership (hereinafter "Broker "), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />real estate brokerage to provide listing and marketing services for lease space at the <br />Santa Ana Regional Transportation Center. <br />B. Broker represents that Broker is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Broker represents that it is <br />knowledgeable in its field and that any services performed by Broker under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Broker shall provide real estate listing and marketing services necessary to lease Suite <br />100, at the Santa Ana Regional Transportation Center ( "SARTC "), 1000 E. Santa Ana Blvd., <br />Santa Ana, California. The space is comprised of 5,200 square feet on the ground floor of the <br />building (the "Premises "). Broker shall market the Premises to obtain a lease term of up to five <br />years. In providing such services, Broker acknowledges that the proposed lease space is located <br />in a public building and that City has absolute discretion to accept or reject any proposed lessee <br />brought by Broker. Further, any lease resulting from the services provided by Broker shall be in <br />a form approved by City. If additional tenant space becomes available at SARTC during the <br />term of this Agreement, the City may request Broker's services in writing, to obtain a satisfactory <br />tenant for such space. <br />2. REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of City shall be the <br />Executive Director of the Public Works Agency, or his designated representative, and the <br />representative of the Broker shall be the President or his/her designated representative. Except as <br />may be otherwise stated herein, such representatives shall have the authority to act on behalf of <br />their respective parties in carrying out the terms of this Agreement. <br />3. COMPENSATION <br />a. City agrees to pay, and Broker agrees to accept as total payment for its services, a <br />commission equal to five percent (5 %) of total lease consideration. The total sum to be expended <br />for broker services related to the lease of Suite 100 shall not exceed $60,000.00 during the term <br />Exhibit 1 <br />25D -3 <br />