CIBA REAL ESTATE - 2012 - Laserfiche WebLink

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v�JOR n ; "JC t:: A- 2012 -171 A 7° ' r: CiLLily �e�!, AGREEMENT FOR PROVISION OF REAL ESTATE SERVICES THIS AGREEMENT, made and entered into this 6"' day of August, 2012 by and between CIBA Real Estate, a general partnership (hereinafter "Broker "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). 1 RECITALS R; A. The City desires to retain a consultant having special skill and knowledge in the field of real estate brokerage to provide listing and marketing services for lease space at the Santa Ana Regional Transportation Center. B. Broker represents that Broker is able and willing to provide such services to the City. . 1 V) C. In undertaking the performance of this Agreement, Broker represents that it is (� (j knowledgeable in its field and that any services performed by Broker under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Broker shall provide real estate listing and marketing services necessary to lease Suite 100, at the Santa Ana Regional Transportation Center ( "SARTC "), 1000 E. Santa Ana Blvd., Santa Ana, California. The space is comprised of 5,200 square feet on the ground floor of the building (the "Premises "). Broker shall market the Premises to obtain a lease term of up to five years. In providing such services, Broker acknowledges that the proposed lease space is located in a public building and that City has absolute discretion to accept or reject any proposed lessee brought by Broker. Further, any lease resulting from the services provided by Broker shall be in a form approved by City. If additional tenant space becomes available at SARTC during the term of this Agreement, the City may request Broker's services in writing, to obtain a satisfactory tenant for such space. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Broker shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. COMPENSATION a. City agrees to pay, and Broker agrees to accept as total payment for its services, a commission equal to five percent (5 %) of total lease consideration. The total sum to be expended for broker services related to the lease of Suite 100 shall not exceed $60,000.00 during the term