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HomeMy WebLinkAboutHA32990 - Broker Listing Svcs - Desert Rose and Falcon Crest PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF AN AGREEMENT WITH CENTURY 21 OSBORNE REALTY TO LIST SEVERAL PROPERTIES OWNED BY THE PALM DESERT HOUSING AUTHORITY IN DESERT ROSE AND FALCON CREST FOR SALE TO INCOME QUALIFIED HOUSEHOLDS SUBMITTED BY: Janet M. Moore, Director of Housing DATE: November 14, 2013 CONTENTS: Agreement RFP and Addendums RFP Response* from Century 21 Osborne Realty *(Complete set of Attachments Required by the RFP on file with Secretary of the Authority) Recommendation By Minute Motion that the Authority Board, 1) Approve an agreement with Century 21 Osborne Realty substantially as to form to list several of the properties owned by the Palm Desert Housing Authority based on the response to the Request for Proposals dated September 12, 2013; 2) Authorize the payment of a listing commission of 1'/z% of the sales price at the close of escrow, to Century 21 Osborne Realty; 3) Authorize the payment of a sales commission of up to 1'/2% of the sales price at the close of escrow to a licensed real estate agent or broker (the listing agent may also be the sales agent) responsible for the sale of a property to an income qualified household; and 4) Authorize the Chairman to execute the finalized agreement and the Executive Director to execute any other documents necessary to facilitate the listing and/or sale transaction. Executive Summary The Authority requested proposals ("RFP") from licensed real estate professionals with experience in affordable for-sale housing programs to serve as listing agent for several properties owned by the Authority. Two responses were received for the RFP. The selected broker, John Osborne with Century 21 Osborne Realty, has demonstrated the most experience with real estate transactions involving governmenUpublic entities and Palm Desert's affordable resale program. The listing commission will be 1'/2% and the sales commission to a licensed real estate agent or broker will be up to 1'/2% (the listing agent may also be the sales agent) for a total commission fee of up to 3% on each transaction. Staff Report Listing Agent Agreement November 14, 2013 Page 2 of 2 Backqround In order to facilitate sales of the homes in the Authority's inventory, staff recommends listing the homes with a licensed real estate agent, with experience in affordable deed restricted sales, on the Desert Area Multiple Listing Service (MLS) as well as marketing the properties to targeted groups who may qualify. This will provide more exposure to the availability of homes on the program. Staff conducted an RFP for qualified licensed real estate professionals with experience in affordable for-sale housing programs to serve as listing agent for several properties owned by the Authority. Two responses were received for the RFP: Broker Broker/A ent Location Century 21 John Osborne Palm Desert Office Osborne Realt Windermere Jac ueline Mar uez Indio Office After reviewing the responses, Century 21 Osborne Realty provided the most complete proposal. In addition, John Osborne, the Broker, demonstrated the most experience with real estate transactions involving government/public entities, deed restricted affordable home sales and Palm Desert's affordable resale program. As part of the agreement Mr. Osborne will be responsible for the coordination of the program requirements on any sale to a qualified household regardless of who sells the property. When an Authority home is listed for sale on the MLS, any licensed real estate agent or broker will be able to sell the home to an income-qualified buyer that they represent, however, the commission will be limited to up to 1'/2% of the sales price for the sale side of the transaction. The total commission to both listing and sales agents will not exceed 3% of the sales price. It should be noted that it is possible that the listing agent and sales agent may be the same agent, however, the total commission will still not exceed 3% of the sales price. Therefore, staff recommends entering into an agreement with Century 21 Osborne Realty, for the purpose of listing several properties for sale to qualified households. Submitted by: Re 'ew : � J ne M. Moore, Director of Housing Paul S. Gibspn, Director of Finance y� 1 A pr v . LZ BY HOIISG AUTH J`� oN � � -�t � Jo M. Wohlmuth, Executive Director VERI���D BY:� . J :pl (�riginal on �ile �;�`ih City �lerk°s ��f�c� G�.\HOUSWG�PATTY LEONUMM\STAFF REPOR7IHOUS[NG AUTHORITY�LISTING AGENT STAFF REPORT REV2.DOC CONTRACT NO. HA32990 PROFESSIONAL SERVICES AGREEMENT This AGREEMENT is made and entered into this 14th day of November, 2013, ("Effective Date") by and between the PALM DESERT HOUSING AUTHORITY ("Authority") and CENTURY 21 OSBORNE REALTY, ("ConsultanY' or "Broker") (sometimes referred to individually or collectively as "Party" or"Parties"). WITNESSETH WHEREAS, Authority desires to retain Consultant as an independent contractor to perform certain technical and professional consulting services in connection with the Request for Proposal for BROKER LISTING SERVICES. Such services shall be subject to the terms and conditions specified in the Contract Documents in accordance with Section 20 below, and shall represent the entire and integrated agreement between Consultant and Authority, notwithstanding and any applicable federal, state and local law to the contrary. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit A, REQUEST FOR PROPOSAL ("RFP") and any addendums thereto. 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to Authority. 1.4 Consultant Representative. For the purposes of this Agreement, the Broker who will serve as the Consultant Representative regarding the performance of services shall be John Osborne ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Parties does not constitute an authorization to proceed. A separate written Notice to Proceed shall be issued by the Authority Representative, and Consultant shall not commence work until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below. 1.6 Time of Performance/Time is of the Essence. Consultant shall commence the services contemplated under this Agreement immediately upon receipt of a written Notice to Proceed from the Authority, and shall prosecute to completion each task listed in Section 3 in a timely and diligent manner. 2. Services by Authority: 2.1 Authoritv Representative. For the purposes of this Agreement, the Authority Representative shall be JANET MOORE, or such other person designated by the Authority's Executive Director ("Authority Representative"). 2.2 Provision of Data. All information, data, reports and records and maps as it relates to the project that are existing and available from the Authority and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without Real Estate Broker Listing Services Agreement Pa9e 1 I9 CONTRACT NO. HA32990 charge by Authority, and Authority shall cooperate in every way reasonable in the carrying out of the work without delay. 3. Consultant's Scope of Work. Upon delivery by Authority to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. ConsultanYs scope of work shall consist of the services in Exhibit A appended to this Agreement. 3.1 Reportinq & Record Keepinq. To assist Authority in the perFormance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep Authority reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by Authority for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents. Upon the completion of work, and if requested by the Authority, Consultant shall deliver to Authority the originals of all documentation produced, and may retain copies of such documentation, at Consultant's election. 3. 2 Compliance with Laws. Consultant its employees and agents, shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with any applicable City of Palm Desert policies and guidelines. 3.3 Confidentialitv. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing pursuant to this Agreement. Consultant shall promptly inform the Authority in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. 4. Term. The term of this Agreement shall be six months from date of the effective date. At the option of the Authority, the agreement may be renewed on either a month-to-month basis or additional six month terms upon satisfactory performance by the Consultant and will be on the same terms and conditions in the Agreement. The exercise of this right to renew is a unilateral option of the Authority, which the Authority may or may not exercise in its sole subjective discretion. At the end of the Agreement or renewal period, properties listed, but not yet sold at the end of the Agreement or renewal period will continue to be listed by the Consultant under the same terms and conditions as imposed by the Agreement, until sold, the listing expires, or the Authority's written notice whichever occurs first. 5. Compensation. Authority shall pay Consultant for the Services provided under this Agreement on the following basis. 5.1 Commission Fees: Authority shall pay to Consultant a listing commission fee of 1'/2 percent of the sales price at the close of escrow. In addition, Consultant agrees to accept 1'/2 percent sales commission fee, but may consider a lesser fee of not less than 1 percent of the sales price, in the event Consultant sells a home that Consultant is also receiving a listing commission fee. Maximum commission fees paid by the Authority on all transactions for both listing and selling agents shall not exceed 3 percent of the sales price. All commission fees are to be calculated on the actual sales price of the property as determined by the Authority. Payment shall be made according to Section 6 of this Agreement. Nothing in this Real Estate Broker Listing Services Agreement Page 2I9 CONTRACT NO. HA32990 section prohibits a buyer from paying additional fees to the Consultant or any other sales agent provided such payment is from buyer's own funds and not from any source of funds related to the purchase of the property i.e. loan funds or down-payment assistance funds. 5.2 Additional Services and/or Fees: Authority shall not be obligated to compensate Consultant for additional services and/or fees performed without advance written authorization from the Authority Representative. 5.3 Reimbursable Expenses: The reimbursable expenses amount is included as part of the amount specified in Section 5.1, Commission Fees, no other expenses shall be reimbursed without prior written authorization of the Authority. Travel expenses, other than those specifically identified in the proposal will not be considered as part of the reimbursable expenses nor will they be reimbursed for this project. 6. Method of Payment. 6.1 Pavment. Authority shall pay the negotiated fees up to the maximum amounts set forth in Section 5 upon close of escrow from the proceeds of the sale. 7. Ownership of Work Product. 7.1 Propertv of Authoritv. All documents, written or digital material which is developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ("Work Product"), shall be and remain the property of Authority without restriction or limitation upon its use or dissemination by Authority. Promptly upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by Authority, Consultant shall deliver all Work Product to Authority. 7.2 Re-Use of Work Product. Authority and Consultant agree that all documents, prepared by Consultant pursuant to this Agreement shall be used exclusively for the subject project, and shall not be used for any other work without the mutual agreement of the Parties. Such material shall not be the subject of a copyright application by Consultant. In the event Consultant permits the re-use or other use of such Work Product, Authority shall require the party using them to indemnify and hold harmless Authority and Consultant regarding such re-use or other use. In the event Authority re-uses such Work Product on any project other than the project for which they were prepared, such re-use shall be at the sole risk of Authority unless Authority compensates Consultant for such reuse. 8. Conflict of Interest/Prohibited Conduct and Interests 8.1 Conflict of Interest. Consultant and its officers, employees, associates and sub consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub consultants shall not, without the prior written approval of the Authority Executive Director, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Authority shall have the right to terminate Real Estate Broker Listing Services Agreement Page 3 I9 CONTRACT NO. HA32990 this Agreement without notice or liability, or in its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8.3 No Financial Interest - Authoritv. No officer, member or employee of City or Authority during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the City Council, Authority Board, or officer or employee of the City or Authority, has any interest, whether contractual, non-contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time a full and complete disclosure of all such information will be made in writing to the other Party or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 8.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or subcontractor performing services in connection with the project. 9. Indemnification. Other than in the performance of professional services and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold the City, Authority, and City's and Authority's elected officials, officers, employees, agents and designated volunteers free and harmless from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, reasonable attorney's fees, court costs, and expert witness fees incurred by City or Authority, the extent caused by the acts or omissions of Consultant, or any of ConsultanYs officers, agents, employees or contractors, in the performance of this Agreement, including but not limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual or entity, including employees or officials of Consultant. The provisions of this paragraph shall not apply to claims arising out of the acts or omissions or willful misconduct of City or Authority, any of City's or Authority's elected officials, officers, employees or agents. In addition to the foregoing, Consultant shall indemnify, protect, defend and hold harmless the Authority and the City of Palm Desert, their officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or sub-Consultants (or any entity or individual that the Consultant shall bear the legal liability thereofl in the performance of professional services under this Agreement. 10. Insurance. Consultant will maintain insurance in conformance with the requirements set forth below. Without limiting Consultant's indemnification of the Palm Desert Housing Authority and the City of Palm Desert, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the Authority. Real Estate Broker Listing Services Agreement Page 4�9 CONTRACT NO. HA32990 10.1 General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 10.2 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. 10.3 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 10.4 Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000), or submit a Declaration Regarding California Worker's Compensation, as approved by the City of Palm Desert Risk Manager. Consultant shall submit to Authority, along with the certificate of insurance, a Waiver of Subroqation endorsement in favor of the Palm Desert Housin_q Authoritv, the Citv of Palm Desert, and their officers, aqents, emplovees and volunteers. 10.5 Other provisions or requirements 10.5.1 Proof of insurance. Consultant shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of perFormance. Current certification of insurance shall be kept on file with Authority at all times during the term of this agreement. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.5.2 Duration of coverage. Consultant shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants. 10.5.3 Authority's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Authority may cancel this Agreement. 10.5.4 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 10.5.5 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Real Estate Broker Listing Services Agreement Page 5�9 CONTRACT NO. HA32990 Pa/m Desert Housing Authority, the City of Palm Desert, and their e/ected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the Palm Desert Housing Authority and City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 10.5.6 Enforcement of agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 10.5.7 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 10.5.8 Notice of cancellation. Consultant agrees to oblige its insurance agent or Consultant and insurers to provide to Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 10.5.9 Additional insured status. General liability policies shall provide or be endorsed to provide that the Palm Desert Housing Authority, the City of Palm Desert, and their officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. 10.5.10 Authority's right to revise specifications. The Authority reserves the right at any time during the term of the agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Authority and Consultant may renegotiate Consultant's compensation. 10.5.11 Self-insured retentions. Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority. 10.5.12 Timely notice of claims. Consultant shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 10.5.13 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 11. Status as Independent Contractor. Consultant is, and shall at all times remain as to Authority, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Authority. Neither Authority nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Authority agrees that Authority shall not, during the term of this Agreement, nor for a period of one year after termination, solicit for employment, hire or retain, whether as an employee or independent contractor, any person who is or has been employed by Consultant. Should Authority desire to hire Consultant's employee, Authority agrees to pay Consultant equitable compensation for the loss of said employee. Real Estate Broker Listing Services Agreement Page 6�9 CONTRACT NO. HA32990 12. Non-Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the Authority's prior, written consent. Any attempted or purported assignment or sub-contracting by Consultant shall be null, void and of no effect. 13. Non-Discrimination and Equal Employment Opportunity. In the perFormance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. 14. Cooperation. In the event any claim or action is brought against Authority or City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation, which Authority or City might require so long as the claim or action is determined not to be caused by the negligence of the Consultant. 15. Termination. The right is reserved to the Authority and Consultant to terminate this Agreement at any time upon thirty (30) days written notice to the other party, or upon failure of either party to perform services or the duties specified herein. Upon notice by the Authority and/or failure of Consultant to perform services specified herein, all residential listings will be terminated and in no force and effect. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and Authority's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: Authority: Janet Moore, Director of Housing Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Century 21 Osborne Realty John Osborne, Broker 41 Orquida Court Palm Desert, CA 92260 (760) 567-2407 (Cell) 17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Authority of any payment to Consultant constitute or be construed as a waiver by Authority of any breach Real Estate Broker Listing Services Agreement Page 7�9 CONTRACT NO. HA32990 of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Authority shall in no way impair or prejudice any right or remedy available to Authority with regard to such breach or default. 18. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 20. Contract/Agreement Documents. The complete Agreement/Contract includes this Agreement, the Request for Proposal dated September 12, 2013 (any addendums thereto), the Consultant's Proposal and all attachments thereto, any other documents incorporated herein by specific reference or modifications incorporated in these documents before their execution, collectively referred to as "Contract Documents". A complete copy of Consultant's Proposal (with all attachments) is on file with the Secretary of the Authority. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Agreement. 21. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 22. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. 23. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 24. Construction. Section headings in this Agreement are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. 25. In case of conflicts within the Contract Documents, the document precedence shall be as follows: (a) This Agreement Real Estate Broker Listing Services Agreement Page 8�9 CONTRACT NO. HA32990 (b) The Request for Proposal dated September 12, 2013 and any addendums thereto incorporated herein by reference (c) The Broker's Proposal inclusive of the requirements listed in section V of the RFP incorporated herein by reference (a complete copy of which is filed with the Secretary of the Authority) IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CENTURY 21 OSBORNE REALTY, CONSULTANT By: John D. Osborne, Broker PALM DESERT HOUSING AUTHORITY Jan C. Harnik, Chairman ATTEST: Rachelle D. Klassen, Secretary APPROVED AS TO FORM David J. Erwin, Authority Counsel Real Estate Broker Listing Services Agreement Page 9�9 EXHIBIT A REQUEST FOR PROPOSAL Request for Proposals—For Real Estate Broker Listing Services Eznibaa Paye 1�1 ����� �` w., �:: : ,r,;' �; �. , PALM DESERT HOUSING AUTHORITY REQUEST FOR PROPOSALS BROKER LISTING SERVICES FOR RESIDENTIAL PROPERTIES ACQUIRED UNDER THE AFFORDABLE RESALE PROGRAM CONTRACT NO. HA32990 73-510 Fred Waring Palm Desert, CA 92260 (760) 346-0611 www.pdhousingauthority.org Date: September 12, 2013 PA�M DESERT HOUSiNG AUTHORlTY REQUEST FOR PROPQSALS {RFP) - BRCIKER LiSTING SERVICES CONTRACT NU. HA32990 PUB�IC NOTICE IS HEREBY GIVEN that The Palm Desert Housing Authority (Authority) is seeking the services of a Califomia licensed Real, Estate Broker (herein after interchangeably referred to as Broker, Realtor and/or Agent)to tist, marke#and coordinate any sales of affordable restricted residentiaf properties acquired under the Affordable Resale Program by the Authority. The Authority owns several properties located in the City of Palm Desert and intends to list these prope�ties for sale ta income qualified households. These properties wili require that an affordabfe restriction be recorded against each property for up to 45 years that restricts future sales. The Authority proposes to seleck the most qualified Broker to represent the Authority as the listing agent based on the Broker's ability to meet all criteria estabfished in this RFP. THE BROKER M�I DE�O�,�,T.RATE TO THE AUTHORITY THEIR KNOWLEDGE AND EXPERIENCE WITH THE LISTING AND/OR SALES OF AFFORDABLE DEED RESTRICTED HOUSENG PROPERTIES IN THE LAST FIVE (5)YEARS. The Broker must be legally empowered to undertake and perform all actions in this RFP inciud(ng any required licenses. Interested parties may obtain a copy of the RFP at the Authority's o�ce located at 73-510 Fred Waring Drive, Palm Desert CA, 92260, phone 760.346.0611, du►ing the hours of 8:00 am to 5:00 pm, Manday thraugh Friday ar on the Authority's website, www.pdhousingauthority.org. Only one proposal may be submitked by a Broker. SEALED PROPOSALS, including the requisite information outlined in this RFP,will be accepted by the PALM DESERT CITY CLERK'S OFFICE AT 73-510 FRED WARING DRIVE, PALM DESERT CALIFORNIA 92260 unfil: 3:00 P.M. IPST), THURSDAY, �CTOBER 3.2013 At fhs closing of fhe response period proposals received will be opened and forwarded to the Authority for review. Brakers desiring to respond to the RFP shall submit an originaf proposal and one (1) copy of the praposal in an opaque envelope marked pfain(y on the outside: SEALED PROPOSA�— CONTRACT NO. HA32990 BROKER LISTfNG SERVICES—DO NOT OPEN WITH REGULAR MAIL The Authority will nat be responsibie far proposals not delivered as required herein whether by the proposer or courier/delivery service or for accepting proposals sent to any address ar location other than that specified herein. All praposals submitted must be readily iden4fiable as a proposal submissian. Proposals received after the specified time and dafe shall be returned unopened and consldered non-respansive. Proposals sent by telephone, te(egram, e-mail, facsimile or other digital means will not be accepted. G2uestions may be directed to the Patm Desert Housing Authority's Directar of Housing, Janet Moore via e-mail only at imooreCa?cityofpafmdesert.orq. THE AUTHORITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE RNY tRREGULARlTY,AND TC�TAKE ALL PR4POSAL5 UNDER ADVISEMENT FOR A PERIOD OF 90 DAYS. The Authority hereby affirmativefy ensures that minority business enterprises will be afforded full opportunity to submit proposals in response to this natice and this RFP is apen to alf persons withaut regard to race, color, national origin, ancestry, sex, or refigion in any consideration leading to the award of contract. Dated this 10`"day of September, 2013,at Palm Desert, Califomia R helle D. Klassen, Secr ary ~�,,, Palm Desert Housing Authoriry � CONTRACT NO. HA32990 PALM DESERT HOUSING AUTHORITY REQUEST FOR PROPOSAL BROKER LISTING SERVICES FOR RESIDENTIAL PROPERTIES ACQUIRED UNDER THE AFFORDABLE RESALE PROGRAM I. PURPOSE OF REQUEST FOR PROPOSALS The purpose of this Request for Proposal (RFP) is to identify a qualified California Licensed Real Estate Broker to serve as a listing agent and provide advisory services for the listing and possible sale of affordable deed restricted residential properties acquired under the Affordable Resale Program by the Palm Desert Housing Authority(Authority}. The Authority intends to list these properties until they are all sold or such length of time as the Authority deems appropriate. These properties must be sold to lower and moderate income families whose annual household income is at or below 120 percent of the Area Median Income (AMI). This solicitation is competitive and is designed to enable the Authority to select the real estate broker who has the most experience, capability and demonstrated success in listing, marketing and selling affordable housing properties. II. PROCESS FOR THIS RFP A. Interested Brokers will submit the RFP materials required. B. The Authority will review submittal responses that meet the qualifications and intent to perform the services outlined in this RFP. C. The Authority will request additional materials/information if necessary and/or request a presentation or an interview with Broker(s) if needed for clarification. D. A single Broker will be identified as the listing agent and a recommendation will be presented to the Authority Board for its consideration. E. After the Authority Board's action, the Broker and the Authority will enter into a Professional Services Contract substantially in the form of the one attached to this Request for Proposal. F. If, in the Authority's reasonable discretion, it determines that no submittal response meets the standards for selection, the Authority reserves the right to reject any and all proposals submitted, and take such actions as it deems appropriate to elicit additional responses, modify the concept of this RFP and/or wait for more favorable market conditions. Request for Proposals—For Real Estate Broker Listing Services Page 3�9 111. PROPERTIES Currently the Authority's portfolio is comprised of an inventory of 15 properties (and two (2) additional active listings) under the Resale Housing Program. This is currently a representative number; however, the actual number of properties owned by the Authority may vary widely, depending on the number of homes that become available and are acquired by the Authority. The subject properties are generally located in the communities of Falcon Crest(on the west side of Cook Street between Hovley Lane and Merle Street) and Desert Rose (on the north side of Fred Waring Drive between EI Dorado and east of Cook). Both Falcon Crest and Desert Rose communities were built for the purpose of providing and maintaining affordable housing in the City of Palm Desert. The Authority has purchased the properties under the Affordable Resale Program in order to maintain each of the property's affordability and the integrity of the community in which it is located. Restrictions are placed on the homes to ensure affordability for up to 45 years and buyers must meet certain minimum qualifications at the time of purchase including income limitations. It is the Authority's requirement to sell these properties as affordable making them available to lower and moderate income qualified families. The community of Falcon Crest is the City of Palm Desert's newest affordable for-sale community that has one and two story single family homes. There are four different three- and four-bedroom floor plans to choose from with several different elevations for each plan, ranging in size from 1,400 to 1,600 square feet. Falcon Crest is available to households of restricted income who make at least $40,000 annually with prices ranging from $200,000 to $225,000 depending on the floor plan. Desert Rose is a community of attractive, three- and four-bedroom, attached and detached homes ranging in size from 1,100 to 1,300 square feet. Desert Rose is available to households of restricted income who make at least $25,000 annually with prices ranging from $107,000 to $136,000 depending on the floor plan. The City of Palm Desert ("City") or the Authority may provide limited financial assistance for eligible households who are able to qualify for a primary loan with a conventional lender. The assistance to each buyer will vary in amounts from $5,000 to $80,000 depending on need, and will be in the form of silent subordinate trust deeds from both the City and the Authority. All property sales are contingent upon and require Palm Desert Housing Authority Board approval. If multiple offers are received, the Authority will evaluate the qualifications of each buyer on a first come first served basis only. NOTHING IN THIS REQUEST FOR PROPOSALS SHALL REQUIRE THAT ALL PROPERTIES OWNED BY THE AUTHORITY SHALL BE LISTED FOR SALE BY THE SELECTED BROKER. Request for Proposals—For Real Estate Broker Listing Services Page 4�4 IV. SCOPE OF SERVICES The successful listing Broker shall agree to contract with the Authority to assist and provide, though not inclusive, the following: Listing Agent: A. In cooperation with the Authority, develop an approved marketing plan with strategies to promote the sale of designated Authority-owned properties (such as conducting a study of comparable properties). The marketing of the properties shall include but not be limited to listing those properties identified by the Authority on MLS, the Broker's web page, open houses, signage and other forms of advertising that is normally associated with successful real estate listings. Costs of all forms of marketing utilized by the Broker shall be the responsibility of the Broker(In some instances additional advertising may be paid by Authority upon prior written approval by Authority). B. Provide advice on pricing of properties and prepare any other recommendations relative thereto based on their marketability and comparable properties in the area. Note, pursuant to a restrictive agreement, fhe maximum sa/es price of all properties are limited to a restricted resale price or the appraised value, whichever is /ess, of the property. C. Inspect the properties and make written recommendations for repair/rehabilitation work, and recommendations regarding property enhancements for marketability. D. Develop marketing materials (electronic and/or hard copy) to advertise properties for sale, distribute the materials to potential buyers via the appropriate form(s) of inedia and report results to the Authority on an agreed upon frequency. E. Provide information to prospective purchasers and prospective purchaser's selected lender and/or agent pertinent to the Affordable Resale Program eligibility requirements and qualifications. F. Provide weekly follow-up on each property and a monthly summary detailing each property assigned to the Broker showing activity attributed to that property including all sales. G. Provide a list of contacts made, either in response to inquiries or Broker initiated. H. Show the properties as needed. I. Hold Open House as needed. Sales Coordination: A. Handle all other customary activities and services associated with real estate sale transactions. B. Present and evaluate all purchase offers from potential buyers and advise the Authority with respect to negotiations in a timely manner. Represent the Authority in negotiations with a prospective buyer and/or buyer's agent from the time of offer until closing. Request for Proposals—For Real Estate Broker Listing Services Page 5�5 C. Prepare and present any counter-offers or addenda requested by the Authority. The Authority reserves the right to either accept, make a counter-offer or decline any offer and return the property to the portfolio for further marketing. D. Assist selling agent and/or potential buyers through the property purchasing process. E. Coordinate any inspections, etc., as may be necessary in connection with sales transactions. F. Coordinate real estate transaction closings including securing all appropriate signatures and approvals. G. Provide information and documents necessary for Escrow in preparations for closing. H. Maintain escrow files on all transactions. V. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS The RFP may be obtained at the Authority's office located at 73-510 Fred Waring Drive, Palm Desert CA, 92260, phone 760.346.0611, during the hours of 8:00 am to 5:00 pm, Monday through Friday or on the Authority's website, www.pdhousingauthority.org. Broker must submit one original (marked original) and one copy of the proposal and must label the exterior of the sealed envelope containing the Proposal with the proposal name, due date and time, and company's name. Only one proposal may be submitted by each Broker. A complete proposal shall be submitted containing the following items: A. Transmittal Letter i. Proposals must include a transmittal letter signed by an official authorized to solicit business and enter into contracts for the firm, and the name and telephone number of a contact person, if different from the signature. ii. The authorized representative must affirm on the transmittal letter that the information contained in the proposal is true and accurate, and that the firm indicated below is capable of providing services as described in their response to this RFP. iii. Transmittal letter must acknowledge any addendum to the RFP. Broker will be responsible to obtain any and all addendums issued from the Authority's website through the closing of the response period. B. Company/Firm Information Proposals must provide the name of the business entity (including any fictitious business names), details of the entity's business structure (i.e. corporation, partnership, LLC), the location of offices located within the City of Palm Desert and/or the Coachella Valley area and the number of licensed brokers and agents/salespersons employed by company/firm in this region. Request for Proposals—For Real Estate Broker Listing Services Page 6�6 C. Qualifications and Experience Please note that responses to this RFP are sought only from qualified Brokers with experience in listing and/or selling properties with affordable deed restrictions. A proposal should demonstrate that the Broker meets the following minimum qualifications to be eligible for consideration: i. The lead broker assigned to the contract and responsible for the coordination and execution of the work should have a minimum of ten (10) years of experience and a proven track record in providing residential land real estate brokerage transactional services to its clients. 1. Describe the Broker's qualifications specific to the requirements set forth in this RFP, including a description of the characteristics that make the Broker capable of effectively handling marketing and sales. 2. If the lead management role or lead sales agent will be assumed by someone other than the submitting Broker, identify the individual on the firm's behalf who will be responsible for the day-to-day management of the overall scope of work. ii. The Broker or licensed lead sales agent assigned to this overall scope of work must have a minimum of five (5) years experience marketing and selling prvperties with recorded affordable restrictions with proven effectiveness. 1. In addition to completing the Questionnaire attached in Exhibit A, provide any additional statements of experience with an Affordable Resale Restricted Program and lower and moderate income purchasers including the number of homes sold within the last 5 years with a recorded affordable housing restriction. iii. The Broker must have experience with private and public sector real estate transactions. 1. A discussion of any experience representing government agency clients with a project of similar size and scope of work including presenting recommendations to the governing boards for review and approval. 2. A description of experience with the properties noted in Section III of this RFP. iv. Must have any and all necessary insurance including any policies required for the entity's business to transact as a real estate broker. Certificate of insurance must be provided in accordance with Section 10 in the contract. v. Provide evidence of the qualifications required, including but not limited to copies of State of California Residential Real Estate Broker / Real Estate License, copies of any other relevant licenses, proof of inemberships including the Desert Association of Realtors and/or the National Association of Realtors, and certificates of insurance in accordance with Section D. above. vi. Broker must be willing to sign a Professional Services Contract substantially similar to the one included with the Request for Proposal as Attachment B. Request for Proposals—For Real Estate Broker Listing Services Pa9e�I� 1. Be advised that the Authority will require that the contract between the Broker and the Authority include a provision notifying the Authority of any changes in staff persons identified in the contract. D. Proposed Marketing Plan/Schedule All proposals shall include a Proposed Marketing Plan consistent with the goals described in this RFP and as outlined in the Scope of Services including the following: i. A detailed plan of the proposed approach and available tools to market the property and the process for evaluating these options for review and approval by the Authority. ii. A proposed timeline and schedule for completing sale of the property along with a Comparative Market Analysis that helps to establish the potential value of the property (These values are informational and may or may not be used based on the requirements of the affordable guidelines). iii. Provide copies of the proposed agreements that the Authority would be asked to sign as part of engaging the brokerage firm and Broker. iv. Provide a copy of a flyer from any previous listing used to promote the sale of a similar type property. E. Compensation Schedule The Broker must complete the attached questionnaire regarding the commission fee, however, Broker understands the commission will not exceed 1 'h % of the sales price for listing each property and will not exceed 1 '/2 % of the sales price to any selling agent, for a total commission not to exceed 3% for the sales transaction. If the listing expires or the home is not sold before the contract, expiration, no fee will be paid to either listing agent or sales agent unless previously approved in writing by the Authority. F. Conflict of Interest Statement& Supporting Documentation Proposals must provide full disclosure of any professional or personal known potential conflicts of interest as they relate to any potential transactions involving the representation of the Authority or the sale of the Properties. The Broker, its employees and agents, hereby acknowledge their understanding of the concern expressed about the potential existence of any conflict of interest and/or influence arising from this project and the Broker's prior or future dealings with property owners. i. Broker must fully disclose any formal relationships with the City of Palm Desert and the Authority. ii. Broker must warrant that quoted fees are the only compensation (direct or indirect)that he/she or it will receive from this transaction. iii. All other disclosures which may be reasonably relevant to the concerns expressed above. Violation of any of the above can result in non-issuance of contract or revocation of contract. G. Litigation Provide a list of any outstanding litigation in which the firm, managing Broker or a team real estate professional is a named party. Any additional information that the Broker finds will strengthen the proposal. Request for Proposals—For Real Estate Broker Listing Services Pa9e B Ig VI. CONTRACT INFORMATION AND PROVISIONS The Contract to be entered into as a result of this solicitation shall include the terms and conditions of this RFP and any addendums thereto, the Broker's Proposal inclusive of the requirements listed in Section V of this RFP (and noted in Attachment A herein) and the Contract substantially to form included in Attachment "B" of this RFP, all of which will be made part thereof. Responders are encouraged to read the standard Contract Terms included as Attachment "B" carefully, as this document contains applicable contract terms which shall govern any resulting contract. Responders who propose modifications to the terms of Attachment B, Contract Terms and Conditions, may have their proposa/s rejected. A. Contract Term The contract period and effective date for the successful Broker will be six months from the date identified in Section 4 of the contract. The contract may be renewed on a month-to-month basis upon satisfactory performance by the broker/firm and will be on the same terms and conditions agreed to in writing by both the Broker/firm and the Authority in the contract. The exercise of this right to renew is a unilateral option of the Authority, which the Authority may or may not exercise in its sole subjective discretion. The contract may be terminated by Authority or Broker upon thirty (30) days written notice to the other party, or upon failure of either party to perform services or the duties specified herein. At the end of the Contract or renewal period, with written approval of the Authority, properties listed, but not yet sold will continue to be listed by the Broker under the same terms and conditions as imposed by the Contract until the property is sold, the listing expires, or the Authority's written notice to cancel the listing, whichever occurs first. VI1. EVALUATION CRITERIA The Authority reserves the right to reject any or all proposals and to waive irregularities or informalities as may be deemed in the Authority's interest. It is the Authority's intent to award the contract to the Broker that has the best overall qualifications which will assist the Authority in the sale of the properties and is the most advantageous to the Authority. The award of contract is not solely based on the commission structure. It is the intent of the Authority to conduct a fair and comprehensive evaluation of all proposals received. Evaluation of the proposals will be based on, but not limited to, the following criteria in no order of importance: A. Ability to meet complete the requirements of the RFP. B. Experience, qualifications and responses. C. Specific experience with deed restricted affordable housing listings and/or sales. D. Compensation including commission fee being requested as listing agent and any other applicable fees (which must be disclosed in the proposal). Request for Proposals—For Real Estate Broker Listing Services Pa9e 9I9 E. The submitted Marketing plan. THE AUTHORITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL PROPOSALS IN RESPONSE TO THIS RFP, OR TO NEGOTIATE WITH ANY OF THE BROKERS/FIRMS SUBMITTING AN RFP, OR TO CANCEL ALL OR PART OF THIS RFP. VIII. GENERAL INFORMATION The RFP is solicited in order for the Authority to enter into a listing agreement with the selected Broker for the rights to list, represent, and potentially sell Authority identified properties. Proposals shall be typewritten or written legibly in ink. All erasures shall be initialed in ink by the signer. By submitting a proposal in response to this solicitation, the Broker, if selected for award, agrees that it will comply with all Federal, State and local laws applicable to its activities and obligations under the Contract. Brokers are responsible for their own expense in preparing, delivering or presenting a proposal, and for subsequent negotiations with the Authority, if any. Submitting a proposal with any limitation, condition or provision not requested, may be cause for rejection of the proposal. Issuance of this RFP and receipt of proposals does not commit the Authority to award a contract or list all owned properties with successful Broker. This RFP is designed to provide interested Brokers with basic information to submit a proposal that will meet the minimum requirements. It is not intended to limit a proposal's content or exclude any relevant or essential data. Brokers are encouraged to expand upon the minimum requirements of the RFP. Brokers are required to carefully and fully investigate all of the requirements of this RFP. As part of the investigation, if Broker wishes to visit or inspect the properties related to this RFP, such visit or inspection (other than street visual) must be coordinated with the Authority or its representative. Brokers are required to make all arrangements needed to fulfill the terms and preparation of the proposal. By submitting a proposal, the Broker represents and certifies to the Authority that such investigation has been completed and that it fully understands the Scope of Work and requirements. The Broker must be legally empowered to undertake and perform all work associated with the RFP. This RFP, its addendums and answers to requests for information related to the RFP constitute the entire RFP. Request for Proposals—For Real Estate Broker listing Services Page 10�10 The successful Broker, will be required, at its and/or their sole expense, to obtain and maintain during the term of any agreement, a City Business License. The Authority may require proof of such prior to entering into any agreement. The Authority will not reimburse Broker who submitted a proposal for any costs involved in the preparation and submission of proposals. The Authority reserves the right to request any Broker submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assis# in the selection process. All submitted proposals and information included therein or attached thereto shall become public records upon contract award. The Authority reserves the right, at its sole discretion, to accept or reject any or all proposals submitted in response to this RFP, to alter the selection process, to waive any defects in any of the proposals or to request further proposals. Neither this request, nor any of the proceedings relating thereto, shall in any way create a binding contract or agreement of any kind between the Authority and any Broker submitting a proposal. Selection of a Broker, if any, is within the sole discretion of the Authority. The contract resulting from this solicitation may be awarded to the qualified Broker whose proposal has been determined by the Authority to be the most advantageous to the Authority. The Authority reserves the right to award a contract to a Broker other than that of the Broker that offers the lowest overall commission structure and/or costs. Please direct questions regarding this RFP to Janet M. Moore, Director of Housing, Palm Desert Housing Authority, via email at imooreCa7citvofpalmdesert.ora. All questions will be answered via e-mail. END OF REQUEST FOR PROPOSALS Request for Proposals—For Real Estate Broker Listing Services Pa9e1 I>> �� '""�.,,r�� PALM DESERT HOUSING AUTHORITY ADDENDUM N0. 1 RFP FOR BROKER LISTING SERVICES DATED SEPTEMBER 12, 2013 Contract No. HA32990 TO ALL PROSPECTIVE PROPOSERS: The following items for the Request for Proposals for Broker Listing Services dated September 12, 2013 have been amended and are incorporated herein. When any conflict exists, the information in Addendum No. 1 will supersede the request for proposal issued on September 12, 2013. SECTION VIII. GENERAL INFORMATION: Questions regarding the RFP shall be directed to Janet M. Moore, Director of Housing, Palm Desert Housing Authority, via email at imoore _citvofpalmdesert.ora. All questions will be answered via addendum posted on the Palm Desert Housina Authoritv's web-site (www.adhousin�pauthoritv.oral up to the hour of 5:00 p.m. on Tuesday. October 1. 2013. A/l other items in the request for proposal document remain the same. ACKNOWLEDGMENT OF RECEIPT OF ALL ADDENDA (ADDENDUM NO. 1) IS REQUIRED IN ORDER FOR THE PROPOSAL TO BE CONSIDERED RESPONSIVE. PROPOSER IS REMINDED TO INDICATE SUCH ACKNOWLEDGMENT WITH THE SUBMITTED PROPOSAL IN ACCORDANCE WITH SECTION V A. iii. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS. In the event a proposal has already been submitted and this Addendum will not change or amend such proposal, acknowledgement may be mailed or delivered prior to the submittal deadline in an opaque sealed envelope marked plainly on the outside: "SEALED ADDENDA ACKNOWLEDGEMENT FOR THE BROKER LISTING SERVICES RFP - - DO NOT OPEN WITH REGULAR MAIL" RFP-For Real Estate Broker Listing Services Addendum No.1 September 27,2013 Page 1 of 1 PALM DESERT HOUSING AUTHORITY ADDENDUM N0. 2 RFP FOR BROKER LISTING SERVICES DATED SEPTEMBER 12, 2013 Contract No. HA32990 TO ALL PROSPECTIVE PROPOSERS: The following addendum to the Request for Proposals (RFP) for Broker Listing Services dated September 12, 2013 includes deletions, which are shown as strikethrough, amendments, which are bolded and underlined, and responses to requests for information received, up to the hour of 5:00 p.m. PST on October 1, 2013, regarding the RFP: Section V. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS is amended as follows: D. Proposed Marketing Plan A r�r�r��c�orl 4irv��,I,nr+ .�r�r) c+r.h rl��1� F�r ��. 7R�7TC7't7P.7GQ—CTT7TCT1 �+QQTI�v�'�'�'�+�—r7 s�e n�rr�7��J�G�t�t1Yl:�.�{��.�'��n4c.�c7�rLtt��Ct�rt'�vT��g��Ft�es� This section is herebv deleted and not required of interested Brokers. The following list of responses are to the questions received by interested Brokers regarding the RFP up to the time stated above. The questions submitted were very similar in nature and have been included in consolidated questions and answered based on information available to the Authority at this time. 1. How many units are there in each project, what is their unit size and what is the income category designation? RESPONSE: The RFP, Section III, Properties, indicates that currently the Authority's portfolio is comprised of an inventory of 15 properties; however, the actual number of properties owned by the Authority may vary widely, depending on the number of homes that become available and/or are acquired by the Authority. The sales prices will be established bv the Authoritv onlv and range from $107,000 to $136,000 in Desert Rose and $200,000 to $225,000 in Falcon Crest. The inventorv, as well as homes that mav become available, varies within each communitv. The homes are comprised of 3-and 4- bedroom attached and detached homes, ranqin4 from RFP for Real Estate Broker Listing Services Addendum No.2 October 1,2013 Page 1 of 3 1 060 to 1 275 sauare feet in Desert Rose to 1,455 to 1.670 in Falcon Crest. The homes wiil be sold to qualified households of lower to moderate income. NOTE: The responding Brokers should note that, as stated in the RFP, there is no guarantee all properties will be listed with the selected Broker. 2. Will the City consider providing for reimbursement of marketing expenses? RESPONSE: The RFP section IV, A, Scope of Services, states, ". . . Costs of all forms of marketing utilized by the Broker shall be the responsibility of the Broker(In some instances additional advertising may be paid by Authority upon prior written approval by Authority)." 3. How many brokers are currently participating in your Affordable Deed Restricted Housing program? RESPONSE: There are less than ten Brokers/Agents that have listed and/or sold properties in the developments. It should be noted that in the past, the former Redevelopment Agency facilitated sales directly from seller to qualified buyer and did not participate in the `listing' of properties that became available. In many cases only a 'sales' agent was involved in the property resale. 4. Did any of the Brokers or Agents have prior experience with this type of housing before you hired them? RESPONSE: With the exception of what the RFP contemplates based on the Authority's inventory, the Authority generally does not `hire' Brokers or Agents. Due to actions by the State of California in eliminating redevelopment agencies, the Authority, as successor to the redevelopment agency, has an inventory of homes to list, however, this is typically not the case and the Authority will always endeavor to facilitate the sale of homes that become available directly from seller to qualified buyer. Such transaction may or may not have either a listing or selling agent. When the homes were originally sold, the Broker/Agents were screened by the development consultant for experience in similar types of listings and sales, however, it is unknown to the Authority whether all the Brokers/Agents who have listed or sold homes in the developments had prior experience. NOTE: The responses to the RFP are sought only from qualified Brokers with experience in listing and/or selling properties with affordable deed restri�tions. 5. Do the Brokers/Agents or the Authority have trouble finding buyers? RESPONSE: This RFP is for `Broker Listing Services' including a marketing plan only. The intent is to `list' the homes for the purposes of marketing them to potentially qualified households. The listing Broker/Agent may or may not be the selling agent. Because this is an unusual circumstance, the Authority is unsure whether there will be difficulty finding qualified households for the homes available during the contract period. 6. What do you like or dislike about your current Brokers marketing plans? RESPONSE: The Authority is not currently marketing the homes. RFP for Real Estate Broker Listing Services Addendum No.2 October 1,2013 Page 2 of 3 ACKNOWLEDGMENT OF RECEIPT OF ALL ADDENDA (ADDENDUM NO. 1 and NO. 2) IS REQUIRED IN ORDER FOR THE PROPOSAL TO BE CONSIDERED RESPONSIVE. PROPOSER IS REMINDED TO INDICATE SUCH ACKNOWLEDGMENT WITH THE SUBMITTED PROPOSAL IN ACCORDANCE WITH SECTION V A. iii. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS. In the event a proposal has alreadv been submitted and this Addendum will not chan�e or amend such aroposal acknowteds�ement mav be mailed or delivered qrior to the submittal deadline in an opaque sealed envelope marked plainlv on the outside: "SEALED ADDENDA ACKNOWLEDGEMENT FOR THE BROKER LISTING SERVICES RFP - - DO NOT OPEN WITH REGULAR MAIL" All other items in the request for proposal document remain the same. ACKNOWLEDGEMENT OF ADDENDUMS: I, , hereby acknowledge receipt of the following addendums on behalf of , an interested Broker, that is submitting a response to the Request for Proposals for Broker Listing Services dated September 12, 2013. No. 1 (please initial) No. 2 (please initial) This form may be substituted for the acknowledgement in the transmittal letter noted in Section V.A.iii. RFP for Real Estate Broker Listing Services Addendum No.2 October 1,2013 Page 3 of 3 Transmittal Letter 10.01.2013 lohn Osborne is the 509�Co-owner along with his wife Sharon Anderson Osborne and is also the President of Osboderson Inc doing business as Century 210sborne Realty. lohn Osborne has complete authority to solicit business and enter into contracts for the firm. The information contained in this transmittal letter is true and accu�ate,and our firm is capable of providing services as described in our Request for Proposal.(RFP) Ad n #;�n #2 are incorporated and acknowledged. C Joh Osborne/President/Broker/Co-Owner 76 567-2407 ATTACHMENT A PAIM bESERT HOUSING AUTHORlTY QUESTIONNAIRE i. Now many years has your firm baen in business? 1 2 years 2 How many years has your brokerage been licensed to selt real estate in the State of California? 12 years 3 How many offlces does your brokerage have? (i(it is 818rge firm,with multiple olfices,liets oniy ihose the Broker is affiliated with.) � Qffice Address: 41 (�r=i�i c3i g C_t _ Pa�m T]F+cF.r�C`p�,�226� (home of fice) OfficeAddress: 1 �R F. Hnt'��nnwa� Rj�tha A i �a� Raaumont Ave Beaumont 4 What types of licenses do you currentiy hold? Are there any restrictlons to any licenses you hoid? Uc. Brn,kPr Lic.No.OQ�35.�7_]� Resirictions nnn� Lic. Of�i�er Lic. No.C}1 �1 ? "�5 Restrictions nnn� � What was your brokerage's approximate annual number af listing and sales valume over the last 5 years? a) hlumber of Residential Single Family Listings: 2 3 5 b} Number of 5uccessful Residentiel Single Family Sales: 445 i. Number of sales with deed restrictions for affordab�l'rty: ii. IVumber ot sales to first time homebuyers: iii. What was the average sates price of homes listed in(b}: $ The totai commisslon tor both Usting and selling agent Far any transactlon resulting from thls 6. RFP is 3`Yo at the selling price of the property. Therefore the listing agent may receive up ta 1 %°Jo and the selling egent may recaive up to 1 'l:%. a) if you are successful as the lisdng agent,what%will you charge tha Authority[o flst % each property. 1 .5 b) If you seli ihe property that you listed what wiil you charge the Author'rty: % 1 cj Total if}rou list and sell ihe property: 2. 5 % &afh commrssion percents must not exceed 396!n total 7 What oEher noncommissioned fees wili the Authority be required to pay relating to the rea $ estate services to be provided as described in the RFP including any market research, p AT7ACH TO 7Nt5 Qt1EST10NNA1RE 7ME MARKETING FLAN AND REQUIRESiEMS LiSTED tN SECTlON V OF THE RFP. Rcquesl 1a Propos715—For Roal Estate Brokar Usting SeMtdS AT7ACHMEM A Page t�t Osboderson Inc DBA Century 21 Osbarne Realty 41 Orquidia Ct Palm Desert Ca 92260 Century 21 Osborne Realty/BRE#01312235 John Osborne/BRE#00$52775 John.osborne@century2l.com We have two brokers and two sales persons who work out of this region. ACORD� CERTIFICATE OF LIABILITY INSURANCE May2M201 PRODUCER THI8 GERTIFlCATE IS ISSUED AS A MATTER OP INFORMAII ONIY AND I ProG�oup Intemationai NOT AME D�EX Np ORALTERC H�E COVERAGE AF ORDED BY1TFHE POUCIE3 207A SW Jefferson BELOW. Lee's Summit, MO 64063 INSURERAFFORDING COVEF2AGE INSURED Osboderson Inc Navigators Specialty insurance Company dba Century 21 Osborne Realty 1 Penn Plaza 138 E Hobson Way New York, NY 10119 Blythe, CA 92225 THE POUCIES OF INSURANCE LISTED BEIOW HAVE BEEN ISSUED TO HE INSUREO NA D ABOVE FOR POUCY PERIOD INDICATED. NOTWffHSTANCING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS ANO CONOtTIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Np1 TYPE OF iNSURANCE POIJCY NUMBER POLICY EFFECTIVE POUCY EXPIRAiION L1NNT8 `� DATE MMIDDIYY DA7E YfDD GENEpp�UpgILfTY EACH OCCURRENCE � COMMFRqI�I GENERAL LIA9LRY FlRE DAANOE(My one foe) $ •� CUlAISMA�E OCWR ��(MY�1��) S �• PEHSONAL6ADVRl,�1RY f GENERALAOGREGATE f GENLAGGREGATELIMTAPPIIESPER Pfi00UCT5-CObPfOPAGG a Pq.ICY PROJECT �OC AUi0NO8tl.EUABILRY COh�NQ151NGLEUMIT a (Ea xcdant) ANYAUTO ALL OWNm AUTOS BODILYINJURY $ SCH�IA.�AUTOS ��) HIR�AUTOS BODdYMJURY a (Por eccidenl) NON�OWNhD Allr05 PROPERNDAMIGE S (Per eocidem) GARAGE UABIIJTY AUTO ONLY-EA ACqDENf $ ANYAUfO o EAACC $ ••�••—• Nlfo ONY: AGG $ D(CESS LIHBdRY EACH OCLURRENCE $ OCCUR fiNMSMADE AOGREGATE � . a om��aE $ REf FNT10N s S WORKER6CONPENSATIONANO � � Y EMPIOYBiS'LIABUITY oTM� ELEACHACCID $ EL EA EMPLOYEE r � ELDISFASE-POLICYLMfT a Real Estate Agents $1,000,000 each claim Errors&Omissions pH13REL13204�C 5/TI2013 b17/2014 $�.000,000 aggregate Liebility $10,000 deductible OESCRIPTION OF OPERATIONSILOCATIONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLA710N AddltloUal InsUtcd: SHOULD/WY OF THE ABOVE DESCRIBED PdJC1ES BE CANCELLED BEFORE Realogy Corporation,their subsidiaries,affilfates,successors,and assigns;and To n�ww�ona�YSDWRII?EN NorcE r0 7ME CER71Fl��aoER N�nmvEo Century 21 Real Estate lLC TO THE LEFT,BUT fAILURE TO DO SO SMALL IMPOSE NO OBLIGATON OR 175 Park Avenue uneiuTv oF nrry allo uaoN nie INSURER, irs A6ENT5 oR Madison,New Jersey 07940 ��ESEwrAm�s. Certificrte Hulder. AUTHORIZED REPRESENTATIVE Century 21 Real Estate LLC c!o Compiiance Services Corporation � PO Box 2750 - Mont ome YtUa e,MD 20886 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, ceriain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The CeAificate of Insurence on the first page of this form does not constitute e contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affinnativety or negatively amend,extend or aker the coverage afforded by the policies listed thereon. ��� ,lohn C�sbarne �� FUI.L SERVICE REAL ESTATE TEAM ostsorne Realty 41 Orquidia Ct Cell 760-567-240�Office 760-921-2121 john.osbome@century2l.cam Palm Desert Ca 92260 ��. .. - ����ci�list in �FR Residential — Land - Riverfront � t�v+er $100 Millian in Sa1�s Volume/Over 1000 Sides Closed � �� CfOM 1'a�rget Marketing System � �hree Offiees in Califorr�ia {Coverage from the Colarado River t� ��dlands} � �ti�ir��ual Team Memb�rs ����.���CA7'�oPl� � I have over 28 years experience as a real estate professional. • Century 21 Brand name. • All agents on my team are trained and experienced. • Have worked with the City of Palm Desert for over 8 years to sell homes in their developments. • Past Centurion agent eight times and quality award producer again. . Member of N.A.R, C.A.R. and DAMLS, MRMLS. • Appreciate working with other agents to achieve our goals. • 2 Hour or less return call policy. • Specialized 30 day marketing plan for all homes including photos with slide shows, 24-Hour upload of the properly into Century2l.com currently the #1 Franchise web sike as well as Showcased on Realtor.com and up to 500 more sites such as Google, Yahoo, Zillow and Trulia. . Network of buyers and sellers from many years of service. • All iistings get their own website. m Virtua! tour of all listings on Youtube and each listing has its own website. �����C�.TI'Cmi� m Certified LionsGate Financial Network Advanced BPO &REO 6-hr live training. Includes Marketing, Asset Preservation, and Properly Management. a Worked closely with the City of Blythe for development of land acquisitions, o Century 21 Foreclosure and Short Sale Training. Certified short sale specialist classes. o Trained in 203K rehab loans, Holdbacks, Homepath Financing, Homepath Renovation Mortgage as well as VA, FHA, USDA, farm loans and Conventional Financing. . Technology trained to ensure tasks are compfeted quickly and correctly. o Numerous Century 21 classes and designations. I have worked in the Desert Rose development for over 8 years and sold over 40 units to qualified purchasers in conjunckion with the City of Palm Desert. Some were direct sells between the qualified buyer and seller and others were from the seller to the City and from the City to a quafified buyer. I have also worked in Falcon Crest for a few years and sold multiple homes there as well. I have sold homes to non-profits in the past and have taken care of as many as 9Q vacant properties for Fannie Mae, HUD and Freddie Mac at one time. I was in charge of making sure these properties were marketed properly, repaired, secure, well taken care of, escrow follow up, required paperwork, inspections and provide weekly reports. In my 28 year career I have averaged selling about 50 homes a year and most have been to lower and medium incorne buyers. Our company has prided itself on taking good care of the first time buyer and making sure they are well informed and given great care in the purchase of their home. I am very aware of most aspects of how the City programs work and what they are trying to achieve. I am proud to have been a part af it and look forward to being able to continue to work with the Palm Desert Housing Authority in the future. 'R �, � �'�'` �=`� �� �.�` ���,�, :F�„� .�'�: �-� `�i'nr,..�"'r.vi`�.. '� .�" wa',�h��� , �.,"�,�v.,.,��..'� �",� x. � 7�, ,a-4F x �.��� �����♦ a.,"� ��� � x �j^. ,,h y .�� �,� 3� �'�1 t'i�,d��T Ad(i ,'.� � C'.� f C"..� pj'. �,x Y��[3`�E��� .:� ^���� L . ; . , f� j ,f ,. 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It wfll not reflect pending changes which are being reviewed for subsequent database updating.Also, the license information provided fncludes formal administretfve actlons that have been taken against licensees pursuant to the Business and Professions Code and/or the Administretive P�ocedure Act.All of the informatfon displayed is public information.Although the business and mailing addresses of real estate Iicensees are included,this information is not intended for mass mailing purposes. License fnformation taken from records of the Bureau of Real Estate on 10/2/2013 1:04:11 PM __ _ . __ _ License Type: BROKER Name: Osborne, John Dewitt Mailing Address: 41 ORQUIDA CT PALM DESERT, CA 92260 (Above address is marked unreliabie in DRE database) License ID: 00852775 Expiration Date: 12/26/15 License Status: LICENSED Salesperson License Issued: 10/07/83 (Unofficial -- taken from secondary records) Broker License xssued: 12/27/99 (Unofficial -- taken from secondary records) Former Name(s): N� FORMER NAMES Main Office: 138 E HOBSON WAY BLYTHE, CA 92225 DBA Century 21 River City ACTIVE FROM 04/13/2001 TO OS/02/2007 NO CURRENT DBAS Branches: NO CURRENT BRANCHES Affiliated Licensed Cocporation(s): 01312235 - Officer Expiration Date: 07/02/17 Osboderson Inc Corrrr��ertt: NO DISCIPLINARY ACTION NO OTHER PUBLIC COMMENTS »» Public information request complete «« http://www2.dre.ca.gov/PublicASP/pplinfo.asp?License_id=00852775 10/2/2013 30-DAY MA�TING PLAN My Objectives Are To: • (►et your property fully exposed to the market as quickly as possible. • }�elp you net the most possible money. • Make every qualified buyer in yow area aware of your property. � Maintain good communication with you. 1. In depth consultation with the Seller. (Marketing Plan/Showing/CMA) 2. Complete all paperwork accurately. (Disclosures and State Laws) 3. Provide Sellers Net Proceeds Staternent. 4. Install #1 Most Recognized"For Sale"sign. 5. Call current potential buyers. 6. Take Pictures and Virtual Tour/Slide Show. 7. Check listittg website for accuracy. 8. Submit to Company Website. (Includes up to 500 Websites) 9. Century2l.com #1 Most Visited Franchise Website. 10. Showcased on Realtor.com 11. E-Mail info to other agents. 12. Submit to Multiple Listing Service. 13. Discuss and schedule Open House. 14. Ask Seller to save all business cards. 15. Review client-showing procedure. (Including Stop Bys) 16. Provide QR Code with info on house on all mazketing materials. 17. Provide Golden Ruler Feedback via lnternet. 18. Design custom property brochure or Information Card. 19. Send"Just Listed"post cards to neighboring properties. 20. Talk enthusiastically about the property at office meeting. CONTINUED OWNER CONTACT ON FOLLOWING 21. Discuss Sales Associates' comments. 22. Feedback on price and market position. 23. Pick up business cards. 2�. Call Agents,obtain buyer feedback. 25. Discuss buyer comments. 26. Review financing possibilities. 2'7. Discuss market evaluation sales and competition. 28. Discuss price,terms and condition. 29. Review Seller's motivation and urgency to sell. 30. Discuss market position and price adjustment. In Addition: • Make helpful suggestions that will get your property sold quickly. o Present all offers and help you obtain the best price. • Keep you advised on the progress of the closing. o Lead Router(Most internet leads are responded to in 58 hours—We have the technology to respond in 60 seconds.) � Worlds largest Refenal Network. o #1 Brand in Real Estate. o #1 Most recognized and trusted name in the business. It would be nice to be abie to hold a broker open house in the first 30 days to explain to reaitors in the area how it works ta get as much cooperation as possible. It wouid also be recommended to hold a buyer seminar/open house to try and attract buyers. j` C A L I F O R N T A RESIDENTIAL LISTING AGREEMENT �� A S 5 O C I A T 1 O N (Exclusive Auihorization and Right to Sell) �'� O F R E A L T O R S� (C.A.R.F o rt n R L A,R e v i s e d 7/1 3) 1, EXCLUSlVE RIGHT TO SELL: Palm Desert Housing Authority ("Seiler") hereby employs and grants Century 21 Osborne Realty ("Broker") beginning(date) and ending at 11:59 P.M.on(datej {"Listing Period") the exclusive and irrevocable right to sell or exchange ihe real property in the City of Palm Desert County of Riverside ,Assessor's Parcel No. , California,described as: �00000c 1112111 ("Property"j. 2. ITEMS EXCLUDED AND WCLUDED: Unless olherwise specified in a real estate purchase agreement, all fixtures and fittings that are aqached to the Property are included,and personal property items are excluded,from the purchase price. ADDITIONAL ITEMS EXCLUDED: . ADDI710NAL ITEMS INCLUDED: Seller intends that the above Items be excluded or included in offering the Property for sale,but understands that:(t)the purchase agreement supersedes any intenlion expressed above and will ullimately determine which items are excluded and included in ihe sale;and(li)Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions wili be in the purchase agreement. 3. IiST'ING PRICE AND TERMS: A. The listing price shail be: Dollars ($ ). B. Additional Terms: 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 Seller and Broker (real estate commissions include all compensation and fees to Broker). A. Seller agrees to pay to Broker as compensatlon for services lrrespective of agency relationship(s),either(�9 3.000 percent of ihe iisling price(or if a purchase agreement is entered into,of the purchase price),or p$ AND ,as foliows� (1) If during the Listing Period, or any extension, Broker, cooperating broker, Seller or any othe� person procures a ready, wllling, and able buyer(s)whose offer to purchase the Property on any price and terms ls accepted by Seller, provided the Buyer completes the transaction or Is prevented from doing so by Seller. (Broker is entitled to compensalion whether any escrow resulting from such offer closes during or after the expiration of ihe Listing Pe�iod,or any extension.) OR (2) If within 30 catendar days(a)after the end of the LisQng Period or any extension;or(b)after any cancellation of this Agreemen,u�ess otherwise agreed,Seller enters into a contract to sell,convey,lease or otherwise transfer the Property to anyone("Prospective Buyer'� or that person's related entity:�i)who physically entered and was shown the Property durfng the Listing Period or any extension by Broker or a cooperat ng broker; or(U� for whom Broker or any cooperating broker submirieci to SeHer a sfgned,wrltten offer to acquire, lease, exchange or obtain an option on the Property.Seller, however, shal�have no obligation to Broker under paragraph 4A(2) unless,not later than 3 calendar days after the end of the Llsting Period or any extensfon or cancellation,Broker has given Seller a written notice of the names of such Prospective Buyers. OR (3) If, wlthoul Broker's prior written consent, the Propeny is withdrawn from sale, conveyed, leased, rented, otherwise transferred,or made unmarketable by a voluntary act of Seller during the Listing Period,o�any exiension. B. If completion of lhe sale is prevented by a party to the transaction other than Seller,ihen compensaiion due under paragraph 4A shali be payable only if and when Seller collects damages by sult, arbitration, settlement or otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensatfon, after first deducting tille and escrow expenses and the expenses of collection,if any. C. In addition,Seller agrees to pay Broker: If Listinq agent se11s the tataZ commission xill be 2.5$ D. Seller has been advised of Broker's policy regarding cooperation with,and the amouni of compensation offered to,other brokers. (1) Broker is authorized to cooperate with and compensate brokers partic(pating through the multiple listing service(s) ("MLS") by offering to MLS brokers out of Broker's compensation speclfted in 4A, elther� 1.500 percent of the purchase price,or p$ (2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker's policy. E. SeBer hereby i�revocably assigns to &oker the above compensation irom Selier's funds and proceeds in escrow. Broker may submit this Agreement, as instructions to compensate Broker pursuant to paragraph 4A, to any escrow regarding the Prope�ty involving Seller and a buyer, Prospective Buyer or other transferee. F. (1) Selier represents that Seller has not previously entered into a IisUng agreement wlth another broker regarding the Property, unless specified as foilows: (2) Seiler warra�ts that Seller has no obligation to pay compensation to any other broker regarding the Property unless the Property is transferred to any of the foNowing indiv�duals or entilies: (3) If the Property is soid to anyone Iisted above during the time Seller is obligated to compensate another broker:(i) Broker is not entitled to compensation under this Agreement;and(ii)Broker is not obligated to represent Seller in such transaction. 0 2013,Calitomia Association of REALTORS�,Inc. Seller's Initials( )(_„�� � RLA REVlSED 7/13(PAGE 1 OF 5) Reviewed by Dace o��'vonuk�i'v` RESiDEN1'IAL LiSTfNG AGREEMENT-EXCLUSIVE RLA PA(3E 1 OF 5 Agent: John Osbome phpng:(760)921-2121 Fax:(760)822-4387 Prepared using ilpFot►►�software Broker: CENTURY 21 Osbome Realty,138 E Hobsonway BI he,CA 92225 �oa000c 1111211 Property Address: Pa1m Desert Date: 5. MULTIPLE LISTING SERViCE: A. Broker is a participanUsubscriber to veaert 1►rea Multiple Listing Service(MLS)a�d possibly others.Unless otherwise insVucted 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 appllcable, (i) will be provided to the MLS in which the property is listed for publication, dissemination and use by persons and entities on terms approved by the MlS and(ii)may be provided to ihe MLS even if the Property is not listed with the MLS. BENEFITS OF USIN(3 THE MLS;IMPACT OF OPTINO OUT OF THE MLS;PRESENTING ALL OFFERS WHAT IS AN MLS?The MLS is a database of properties for sale ihat 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 descrlbes the price, terms and conditions under which the Seller's property is offered tor sale (including but not Iimited to 1he listing broker's ofier of compensation to other brokers). It is likely that a significant number of reai estate practitioners in any given area are participants or subscr'�bers to ihe MLS.The MLS may also be part of a reciprocal agreement to which other multiple listing servlces belong. Real estate agents belonging to other multiple listing services that have reciproca! 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 Ifstings online. EXPOSURE TO BUYERS THROUf3H MLS: Listing property with an MLS exposes a seiler's property to all real estate agents and brokers(and thelr 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 clubs or groups are not the same as the MLS.The MLS referred to above is accessible to ail eligible real estate licensees and provides broad exposure for a listed property. Private or closed listing clubs or groups of Ifcensees may have been formed outside the MLS. Private or closed Iisting clubs or groups are accessible to a more limited nurnber of licensees and generally offer iess exposure for listed property. Wheiher listtng property through a closed,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 ihe Property is located then reai estate agents and brokers working that territory, and Buyers they represent looking for property in the neighborhood,may not be aware the Properry is for sale. OPTINa OUT OF MLS: If Selier etects to exclude the Property from the MLS, Seller understarxis 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 Seller's Property!s offered for sale;(b) Information about Seller's Property wlll not be transmltted to various real estate Internet sites that are used by the pubilc to search for property listings;(c)real estate agents,brokers and members of the pubiic may be unaware of the terms and conditions under which Selier is marketing the Property. REDUCTION IN EXPOSURE:Any reduction in exposure of ihe Property may lower the number of offers and negatively impact the sales price. PRESENTING ALL OFFERS: Selier understands that Broker must present all offers received for Seller's Property unless Seller gives Broker written instructions to the contrary. Se�lers Initials / 1 Broker's Initlals / B. MLS rules generally provide that residentiat 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 agreemeni. Broker will not have to submit this listing to the MLS if,wlthin that time, Broker submits to the MLS a form signed by Seller(C.A.R. Form SELM or the local equivalent form). C. MLS rules allow MLS data to be made availabie by ihe MLS to additional Intemet sites unless Broker gives the MLS instructions to the contrary. Seiler acknowledges that for any of the below apt-out instructions to be effective, Seller must make them on a separate inst�uction to Broker signed by Seller {C.A.R. Form SELI or ihe local equivalent form). Specific information that can be excluded from the Internet as permitted by(or in accordance with)the MLS is as follows: (1) Property Availabiiity:Seller can instruct Broker to have the MLS not display ihe Property on the Internet. (2) Property Address:Seller can instruct Broker to have ihe MLS not display ihe Property address on the intemet. Seller understands that the above 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. (3) Feature Opt-Outs: Seller can instruct Broker to advise the MLS that Seller does not want visitors to MLS Particlpant or Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seller understands(i) that these opt-outs apply onty 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 (ifi) that neither Broker nor the MLS may have the ability to control or block such features on other Inlemei sites. (a) Gomment And Reviews: The ability to write comments or reviews about the Property on those sites; or the ability to link to another slte coniaining such comments or rev(ews if the Unk is in immediate conjunction with the Propeny. (b)Automated Estimate Of Value: The ability to create an automated estlmate of value or to link to anolher site containing such an estimate of value if the link is in immedtate conjuction wlih the Propehy. SellePs Initfals (,_,�( ) �m RLA REVISED 7/13(PAGE 2 OF 5) Reviewed by oate couH �,c OPPORTUNITY RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAGE 2 OF 5) Patm Desen �0000ac 1111211 Property Address:PaLn Desert, Date: 6. SELLER REPRESENTATIONS: Seller represents that, unless otherwise specffied in writing, Seller is unaware of: (i) any Notice of Default recorded against the Property;(II) any delinquent amounts due under any loan secured by, or other obligation afiecting, the Properry; (itl) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any Gtigation, arbitration, administrative action, government investigation or other pending or ihreatened action that affects or may affect the Property or Seller's ability to transfer it;and(v)any current,pending or proposed special assessments affecting the Property.Seller shall promptly notify Broker in writing if SeNer becomes aware of any of these items during the Listing Perfod or any extenslon thereof. 7. BROKER'S AND SELLER'S DUTIES:(a) Broker agrees to exerclse reasonable effort and due dlligence to ach(eve the purposes of this Agreement. Unless Seller gives Broker written instructions to ihe contrary, Broker Is authorized to (i) order reports and disclosures as necessary, (ii) advertise and market the Property by any method and in any medium selected by Broker, including MLS and the Internet, and, to the extent permifled by these medfa, control the dissemination of the informatfon submitted to any medium;and(ifi)disclose to any real estate licensee making an inquiry the recefpt of any offers on the Property and the offering price of such ofiers.(b)Seller agrees to consider offers presented by Broker,and to act in good falth to accomplish the sale of lhe Property by, among other things, making lhe Property avallable for showing at reasonabie times and refer�ing to Broker all inquiries of any party interested in the Property. Selier is responsible for determining at whai prlce to iist and se8 the Property.Seller further egrees to indemnity, detend and hold Broker hermless irom all cFaims, disputes, IfUgetfon, Judgments attomey fees and costs arising irom any Incorrect information supplied by Selier,o�trom any mate�fal facis that Seller knows but tails to disclose. 8. DEPOSIT:Broker is authorized to accept and hold on Seller's behalf any deposits to be applied toward the purchase price. 9. AGENCY RELATIONSHIPS: A. Disclasure: If ihe Property includes residentiai propeny with one-to-four dwelling units, Seller shall receive a "Disclosure Regarding Agency Relatlonships"(C.A.R.Form AD)prior to entering into this Agreement. B. Seller Representatlon:Broker shall represent Seller in any resulting transacbon,except as specifled in paragraph 4F. C. Posslble Duai Agency Wlth Buyer:Depending upon the circumstances, it may be necessary or approprfate for Broker to act as an agent for both Seller and buyer, exchange party, or one or more add(tional partles ("Buyer"j. Broker shall, as soon as practicable, disclose to Seller any election to act as a dual agent representing both Selier and Buyer. If a Buyer is procured directly by Broker or an associate-licensee in Broker's firm,Selier hereby consents to Broker acting as a dual agent for Seller and 8uyer.In the event of an exchange,Seller hereby consents to Broker collecting compensation from add(tional panies for services rendered, provided there is disclosure to all panies of such agency and compensation. Setler understands and agrees that: (i) Broker,without the prior written consent of Seller,will not disclose to Buyer ihat Selier is willing to sell the Property at a price less than the Iisting price;(II)Broker,without the prior written consent of Buyer,will not disclose to Seller that Buyer Is wllling to pay a price greater ihan the offered prlce; and (ili) except for (i) and (ii) above, a dual agent is obiigated to dlsclose known facts materialiy affecting the value or desirability of the Property to both parties. D. Other Sellers: Seller understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or purchase through Broker, property the same as or similar to Seller's Propehy. Seller consents to Broker's representation of sellers and buyers of other propenies before,during and after the end of this Agreement. E. Confirmation: If the Property includes residential property with one-to-four dweiling units, Broker shall confirm the agency relationship described above,or as modified,in writing,prior to or concurrent wlth Seller's executlon of a purchase agreemeni. 10. SECURiTY AND INSURANCE: 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 P�operty,or othervvise.Third parties,fncluding,but not limited to,appralsers, inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of, the interlor of the Property. Selier agrees:(i)to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property;and(ii)to obtain insurance to protect against these risks.Broker dces not mainta(n insurance to protect Seller. 11. PHOTOGRAPHS AND INTERNET ADVERTISING: A. in order to effectively market the Property for sale it is often necessary to provlde photographs,vlrtual tours and other media to buyers.Selier agrees(or ❑ if checked,does not agree)that Broker may photograph or otherwise electronically capture images of ihe exterior and interfor of the Property ("Images'� for static and/or virtual tours of the Property by buyers and others on Broker's website, lhe MLS,and other marketing sites.Seller acknowledges that once Images are placed on the Internet neither Broker nor Selier has control over who can view such Images and what use vfewers may make of the images,or how long such Images may remain available on the Internet. Seller further agrees that such Images are the property of Broker and that Broker may use such Images for advertisement of Broker's business in the future. B. Selier acknowledges ihat prospective buyers and/or other persons coming onto the property may take photographs, videos or other images of the property. Seller understands that &oker does not have the ability to control o�block the taking and use of images by any such persons.(If checked) p �Iler instructs Broker to publish in the MLS that taking of Images is limited to those persons preparing Appraisal or Inspection reports. Seiler acknowiedges that unauthorized persons rnay take images who do not have access to or have not read any limiting insiruction in the MLS or who take images regardless of any lirniting instruction in the MLS.Once images are taken and/or put into electronic disptay on the Internet or othervuise, neither Broker nor Seller has control over who views such Images nor what use vlewers may rnake of the Images. 12. KEYSAFE/LOCKBOX: A keysafe/lockbox is designed to hoid a key to the Property to permit access to the Property by Broker, cooperating brokers, MLS participants, their authorized licensees and representatives, auihorized inspectors, and accompanied prospective buyers. Broker, cooperating brokers, MI.S and Associations/Boards of REALTORS� are not insurers against injury, theft, loss,vandaUsm or damage attributed to ihe use of a keysafe/lockbox.Seiler does(or if checked O does not) authorize Broker to install a keysafe/lockbox. If Seller does not occupy the Propeny, Seller shall be responsible for obtaining occupant(s)' written permission for use of a keysafe/lockbox(C.A.R.Form KLA). Selle�'s Initials(_____)�� e RLA REVISED 7l13 PAGE 3 OF 5 Reviewed by Date EWILLNOUS4IG � � OPPORTUNITY RESIDEM'IAl LISTING ACiREEMENT-EXCLUSIVE(RLA PAGE 3 OF 5) Po►m r�es�;rt �a0000r 1111111 Property Address: Pa1m Desert, Date: 13. SIGN:Seller does(or ff checked p does not)authorize Broker io install a FOR SALE/SOLD sign on the Property. 14. EOUAL HOUSINCi OPPORTUNITY:The Property is offered in compliance with federal,state and local anti-discrimination laws. 15. ATTORNEY FEES: In any action,proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation under this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-p�evailing Seller or Broker,except as provided in paragraph 19A. 16. AD�I?'IONAL TERMS:Q REO Advisory Listinq(C.A.R. Form REOL)�Short Sale information and Advisory(C.A.R. Form SSIA) 17. MANAGEMENT APPROVAL:!f an associate-licensee in Broker's office(salesperso�or broker-associate)enters into this Agreement on Broker's behalf,and Broker or Manager does not approve of its terms, Broker or Manager has the �ight to cancel this Agreement, in writing,within 5 Days After its execution. 18. SUCCESSORS AND ASSIQNS:This Agreement shall be binding upon SeUer and Seller's successors and assigns. 19. DISPUTE RESOLUTION: A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them regarding ihe obUgation to pay compensation under this Agreement, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among lhe parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an actlon without first attempting to resoive the matter through mediation, or {ii) before commencement of an action, refuses to mediate after a request has been made, then that party shali not be entitled to �ecover 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.Exclusions from this mediation agreement are specified in paragraph 19C. B. ARBITRATiON OF DiSPUTES: Seller and Broker agree that arry dispute or claim in L.aw or equity arising between them regarding the obligatlon to pay compensatlon under this Agreement, wh(ch fs not settled through medfatfon, shall be decided by neutral, binding arbitration.The arbitrator shell be a retired Judge or justice,or an attorney with at least 5 years of residential real estate Law exper(ence,unlesa tfie parties mutualiy agree to a difierent arbitretor.The parties shall have the right to discovery In accordance with Code of Civli Procedure §1283.05. In all other respects, the arbitratlon shall be conducted in accordance with Titie 9 of Part 3 of the Code of Civil Procedure.Judgment upon the award of the arbitrator(s) may be entered into any court having Jurisdiction.Enforcement of this agceement to arbitrate shali be govemed by the Federal Arbitration Act.Excluslons from this arbttration agreement are specified in paragraph 19C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATlON OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALlFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT ROSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GlVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPE14L,UNLESS THOSE RIGMI'S 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 PROCEOURE. YOUR AGREEMENT T4 THIS ARBITRA710N PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND 7HE FOREGQING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Selier's Inttials / Broker's Iniilais / C. ADDITIONAL MEDiATION AND AR6ITRATION TERMS: The foliowing matters shall be exciuded from mediation and arb(tration:(i)a judiciai or non-judicial foreciosure 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 uniawfui detainer actian; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is with(n the ju�isdlctlon of a proksate, small claims or bankruptcy court. The filing of a court actfon to enable the recording of a notice of pending actfon, tar order of attachment, �eceivership, injunction, ar other provisional remedies, shall not co�stitute a waiver or violatfon of the mediation and arbitration provisions. Seller's Initials (�f 1 � RLA REVISED 7h3(PAGE 4 OF 5) Reviewed by oate Ea�u�auswc OVPORTUNITY RESIDENTIAL LISTING AQREEMENT-EXCLUSIVE(RLA PACiE 4 OF 5) Pnim Desert �orxxx�cx 1111111 ��.udre��: Palaz Lh�sart, �_ Date: ___�__--�. 20. ENTIRE AGREEMENT:All prior discussions, negotiations and agreements between ihe parties concerning the subject matter of this Agreement are superseded by this Agreement,which constitutes the entire contract and a complete and exclusive expression of their agreement,and may not be contradicted by�evidence of any prar agreement or contemporaneous oral agreement. If any provisfon of this Agreement is held to be ineffective or i�valid, the remaining prov�sions will nevertheless be given full force and effect. This Agreement and any supplement,addendum or modification,including any photocopy or facsimile,may be executed in counterparts. 21. OWNERSHIP,T1TLE AND AUTHORITY: Selier warrants that:(i) Seller is the owner of the Property; (ii) no other persons or entiites have title to the Property; and (fii) Seller has the authority to both execute this Agreement and sell the Property. Exceptions to ownership, title and authority are as follows: By signing below, Seller acknowledges that Seller has read, understands, received a copy of and agrees to the terms of this Agreemeni. Selief _ Palm Desert Aousing Authority Dat@ Rddfess 73510 Fred Warina Drive C11y Palm Dasert State � Z�92260 �e{ephone (760)636-5860 Fax Email Seller Oate Address Ciry State Zip Telephone Fax Email Real Estate Broker(Firm)c�,r,eury :?1 oshorne rtes.Ztv BRE Uc.# By(Agent) BRE Lic.# Date Address City State Zip Teiephone Fax Email �2013,Califomia Associadon of REALTORS�,I�.United States copyripht Iaw(TiUe 17 U.S.Code)brbids the unauthorized�stribution,cGsplay and reproduction of tl�(s Iwm,or any portion ihereof,by photocopy madiine a any other means,includmp fecsimile or computerized�ormats. THIS FORM HAS BEEN APPROVED BY THE CAUFORNIA ASSOCIATION OF REAI.TORS�(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 DESIRfi LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL u� � Published and Distributed by: M� REAL ESTATE BUSINESS SERVICES,INC. � a su6sidiary ol the Calilomis Associa6on oi REALTORS� � � 525 Soulh VirgA Avenue,Los Angeles,Califomia 90020 Reviewed by Date �ru��v RLA REVISED 7/13(PAGE 5 OF 5) RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAOE 5 OF 5) Pa���n �='` � CALI FORNIA �' A S S O C I A T I O N SELLER'S ADVISORY -I,r O F R E A L T O R S� (C.A.R.Form SA,Revised 11/11) Property Address:x�a000c 111Z1Z1, Pa1m Deaert, ("Property") 1, INTRODUCTION: Selling property in California is a process that involves many steps. From start to finish, it coutd take anywhere from a few weeks to many months, depending upon the condition of your Property, local market conditions and olher factors. You have already taken an important first step by listing your Properiy for sale with a licensed real estate broker. Your broker will help guide you through the process and may refer you fo other professionals as needed. This advisory add�esses many things you may need to think about and do as you market your Property.Some of ihese things are requirements imposed upon you,either by law or by the listing or sale contract. Others are simply practical matters that may arise during the process. Please read this document carefully and,if you have any questions,ask your broker or appropriate legal or tax advisor for help. 2. DISCLOSURES: A.Qeneral Disclosure Dutles:You must affi�matively disclose to the buyer,in writing,any and all known facts that materially affect the value or desirability of your Property. You must dlsclose ihese facts whether or not asked about such matters by the buyer, any broker, or anyone else. This duty to disclose applies even if the buyer agrees to purchase your Property in its p�esent condition without requiring you to make any�epairs. If you do not know what or how to dfsclose,you should consult a�eal estate atlorney in California of your choosing. Broker cannot advise you on the legal sufficiency of any disclosures you make. If the Property you are selling is a residence wlth one to fou� units except for certain subdivisions, your broker atso has a duty to conduct a reasonably competent and diNgent visual inspection of the accessible areas and to discbse to a buyer all adverse material facts that the inspection reveals. If your broker discovers something that could indicate a problem, your broker must advise the buyer. B.Statutory Duties:(For one-to-fou�Residential Units): (1) You must timely prepare and deliver to the buyer, among other things, a Real Estate Transfer Disclosure Statemenl ('TDS"), and a Natural Hazard Disclosure Statement ("NHD"). You have a legal obligation to honestly and completely�II out ihe TDS form in its entirery. (Many local entities or organizations have their own supplement to the TDS ihat you may also be asked to complete.)The NHD is a statement indicating whether your Property is in certain designated flood,ftre or earthquake/seismic hazard zones.Third-party professional companies can help you with this lask. (2) Depending upon the age and type of construction of your Property,you may also be required to provide and, in certain cases you can receive limited legai protection by providfng,the buyer wlth booklets eniitled"The Homeowner's Gufde to Earthquake Safety,""The Commercial Property Owner's Guide to Earthquake Safery,""Protect Your Family From Lead in Your Home"and "Environmental Hazarcis:A Guide For Homeowners and Buyers."Some of these booklets may be packaged together for your convenience. The earthquake guides ask you to answer specific questions about your Property's struclure and preparedness fo�an earthquake. If you are required lo supply the booklet about lead,you will also be requi�ed to disclose to the buyer any known lead-based paint and lead-based paint hazards on a separate form. The environme�tal haza�ds guide informs the buyer of common envlronmentai hazards that may be found in properties. (3) !f you know that your property is: (i) located within one mile of a former military o�dnance tocatlon; or(ii)ln or affected by a Zone or district allowing manufacturing,commercial or airport use,you must disclose this to the buyer.You are also required to make a good faith effort to obtain and deliver to the buyer a disclosure notice from ihe approp�iate local agency(les)about any specfal tax levied on your Property pu�suant to the Mello-Roos Communiry Facilities Act,the Improvement Bond Act of 1915, and a notice concermng the contractual assessment provided by section 5898.24 of the Streets And Highways Code (collectively,"Special Tax Disclosures"). (4) if the TDS, NHD, or lead, military ordnance, commercial zone or Special Tax Disclosu�es are provided to a buyer after you accept that buyer's offer,the buyer wili have 3 days after delivery(or 5 days if mailed)to terminate the offe�,which is why it is extremely important to complete these disclosures as soon as possible. There are certain exemptions from these statutory requirements;however,if you have actual knowledge of any of these items,you may sfill be requlred to make a disclosure as the iiems ca�be consfdered rnaterial facts. C.Death and Other Disclosur+es:Many buyers consider death on real property to be a materlal fact in the purchase of property. In some sltuations, it is advtsable to disclose that a death occuned or the manner of death; however, California Civll Code Section 1710.2 pravides that vou have no disclosure dutv "where ihe dealh has occurred more than three years prlor to the date the transferee offers to purchase,lease, or rent the reai property,or [regardless of the date of occurrenceJ that an occupant of that property was affUcted with, or died from, Human T-Lymphotropic Virus Type IIVLymphadenopathy-Assocfated Virus." This law does not"immunize an owner or his o�her agent from making a�intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real p�operry,concerning deaths on the real property:' D.Condominiums and Othe�Common Interest Subdivisions:If the Properry is a condominium,townhouse,or other properiy in a common interest subdivision, you musl provide to the buyer copies of the governing documents, the most recent financial statements distributed,and other documents required by law or contract. If you do not have a current vers(on of these documents, you can request them from the management of you� homeowner's association. To avoid delays, you are e�couraged to obtain these documents as soon as poss(ble,even if you have not yet entered inlo a purchase agreement to sell your Property. The copyright laws of the UnRed States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form,or any portion thereof,by photocopy machine or any other means,including facsimile or computerized formats. � Copynght O 1991-2011, CAI.IFORNIA ASSOCIATION OF REALTORS�, Seller's Initials( INC.ALl RIGHTS RESERVED. �� � a�n,� SA REVISED 11/11 (PA(3E 1 OF 2) Reviewed by_Date SELLER'S ADVISORY (SA PAGE 1 OF 2) Agent: John Osbome phone;(760f 921-2121 Faz:(7&O)922-d387 Prepared using zipForrt�software Broker: CENTURY 21 Osbome Realty,138 E Hobsonway Blythe,CA 92225 x�oonot 1111111 Property AddreSS:BaSm Deaert Date: 3. CONTRACT TERMS AND LE(3AL REQUIREMENTS: A. Gontract Terms and Conditions: A buyer may request, as part of the contract for fhe sale of your Property, that you pay for repairs to the Property and other items.Your decision on whether or not to comply with a buyer's requests may affect your ability to sell your Property at a specified price. B. Withholding Taxes: Under federal and Califomia tax laws, a buyer is required to withhold a portlon of the purchase p�ice from your sale proceeds for ta�c purposes unless you stgn an affidavit of non-foreign status and Califomia residency, or some other exemption applies and is documented. C. Prohibitlon Against Discrlmi�ation: Discriminatory conduct in the sale of�eal properiy against individuals belonging to legally protected classes is a violation of the law. D. Govemment Ratroflt Standards: Unless exempt, you must comply with govemment retrofit standards,including,but not Iimited to, instailing operable smoke detectors,bracing water heaters, and providing the buyer with corresponding written statements of compliance. Some city and county governmenis may impose additional retrofit standards, including, but noi limited to, instailing low-flow toilefs and showerheads, gas shut-off valves, tempered gtass, and barriers around swimming pools and spas. You should consult with the appropriate governmental agencies, inspectors, and other professionais to determine the retrofit standards fo�your Properry,the extent to which your Properly complies with such standarcls,and the costs,if any,of compliance. E. EPA's LEAD-BASED PAINT RENOVATION, REPAiR AND PAINTiNG RULE: The new rule requlres that contractors and maintenance prafessionals working in pre-1978 housing,child care facilities,and schools with lead-based paint be certified;that their employees be trained; and that they follow protective work practice standards. The rule applies to �enovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or mo�e than 20 square ieet of lead-based paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more information. F. Legal,Tax and Other Implications:Selling your Property may have legal,tax,insurance,title or other imp8cations.You should consull an approprlate p�ofessional for advice on these matters. 4. MARKETING CONSIDERATIONS: A. Pre-Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting any defecis o� other problems. Many people are not aware of defects in or problems with their own Property. One way to make yourself aware is to obtain professional home inspections p�ior to sale, both generally, and for wood destroying pests and organisms,such as termites.By doing this,you then have an opportunity to make repairs before your Property is offered for sale, which may enhance its marketabiliry. Keep in mind, however, that any problems revealed by such inspection reports or repairs that have been made, whether or not dlsclosed in a report, should be disclosed to the buyer(see"Disclosures"in paragraph 2 above).This is true even if the buyer gets his/her own inspections covering the same area.Obtaining inspection reports may also assist you during contract negotiatlons with the buyer. For example, if a pest control report has both a primary and secondary recommendation fo�clearance, you may wa�t to specify in the purchase agreement those recommendations, if any, for which you are going to pay. B. Post-Sale Protections: It is often helpful to provide the buye�with,among other things,a home protection/warranty plan for the Property.These plans will generaliy cover problems,not deemed to be pre-existing,that occur after your sale is completed.In the event something does go wrong after the sale, and it is covered by the pian, the buyer may be able to resolve the co�cern by contacting the home protectlon company. C. Safety Precautio�s:Advertising and marketing your P�operty for sale,including,but noi Iimited lo,hokifng open houses,placing a keysafe/lockbox, erecting FOR SALE signs, and disseminating photographs, vfdeo tapes, and virtual tours of the premises, may jeopardize your personal safety and that of your Property. You are strongly encouraged to maintain insurance, and to take any and ail possible precautions and safeguards to protect yourself, other occupants, visitors, your Property, and your belongings, including cash, jewelry, drugs, firearms and other valuables located on the Property, against injury, theft, loss, vandalism,damage,and other harm. D. Expenses: You are advlsed that you, not the Broker, are responsible for the fees and costs, if any, to compfy wlth your duties and obligations to the buyer of your Property. 5. OTHER ITEMS: Seller has read and understands this Advisory. By signing below,Selier acknowledges receipt of a copy of this document. Seller Date Prinl NamePa.Im Desert Houaina Authority Seller Date Print Name Real Estate Broker c�,rtuz�• 2x os�orne ResZty By Date (Agenq Address Ciry State Zfp Telephone Fax E-mail THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS�(CA.R..NO REPRESENTATION IS MADE AS TO TNE LEGAL VAUDffY OR ADEOUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BRO�ER IS THE PERSON OUALIFIED TO AOVISE ON REAL ESTATE TRANSAC110NS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAi.. This form is available tor use by the enUre real estate industry R is not intended to idendry the user as a REALTOR�.REALTOFI�is a registered collective membership mark which may be used onty by members of the NATIONAL ASSC�CIATION OF REALTORS�who subscribe to its Code of Ethics. � Published and DisidbRed by. „ REAL ESTATE BUSII�SS SERVICES,INC. � a subsidiary ol fhe Cafdomia Assoda6on of REALTOAS� Reviewed by Date ` � 525 South Yrgil Avenue,Los Mgeles,CaNfomia 90020 a;�� SA REViSED 11/11 (PAGE 2 OF 2) SELLER'S ADVISORY (SA PAGE 2 OF 2) Palm Des�:rt = C A L I F O R N [ A DISCLOSURE REGARDING � A S S O C I A T I O N REAL ESTATE AGENCY RELATIONSHIP -�� O F K E A L T O R S� (Llsting Firm to Seller) (As requlred by the Civli Code) (C.A.R.Form AD,Revised 11/12) ❑(Ii checketi)This form is being provided in connection with a transacNon for a leaseholder interest in a dwelling exceeding one year as per Civil Code section 2079.13Q)and(I). When you enter into a discussion with a reai 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 Sellers agent under a listing agreement with lhe Seller acts as the ageni ior the Seller on1y. A Seller's agent or a subagent of that agent has the toliowing afiirmative obligations: To the Seller:A Fiduciary duty of utmost care,integrity,honesty and loyalty in dealings wlth the Seller. To the Buyer and the Seller: (a) Diligent exercise oi reasonable skill and care in performance of fhe agenYs duties. (b) A duty of honest and fair dealing and good taith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability oi 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 lhat does not involve the affirmative duties set forth above. BUYER'S A(3ENT 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 SellePs 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 oi utmost care,integrity,honesty and loyalty in dealings wilh the Buyer. To the Buyer and the Seller: (a) Dlligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair deaiing and good faith. (c) A duty to disclose all facis known to the agent materially affecting the value or desirability of the property that are not known to,or within ihe diligent attention and obseNaiion of,the pa�tles. An agent is not obligated to reveai to either party any confidential information obtained from the other parry that does not involve the affirmative duties sel forth above. AGENT REPRESENTIN(3 BOTH SELLER AND BUYER A real estate agent, either actlng directly or ihrough one or more associate licensees,can legally be the agent of both the Seller and the Buyer in a transaction,but only with the knowiedge and consent of both the Seller and the Buyer. In a dual a�ency situation,the agent has the following affirmative obligaUons to both the Seller and lhe Buyer: (a) A fiduciary duty of utmost care,integrity,honesty and loyalty in the dealings with either the Selle�or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective seclions. In representing both Seller and Suyer,the agent may not,without the express permission oi ihe respective party,disdose to the olher parly that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price oftered. The above duties of the agent i�a reai estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own fnterests.You should carefully read ali 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.fl lepal or tax advice is desired,consult a competent proiessional. Throughout your real property transaction you may receive more than one disclosure form, 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 lhis disclosure form.You should read its contents each time it is presented to you, considering the relationship behveen you and the real estate agent in your specific transaction. Thls dlsclosure torm includes the provislons of 3ectlons 2078.13 to 2079.24,Incluslve,vf the Civll Code set tonh on pege 2.Read It caretully.UWE ACKNOWLEDCiE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CtViL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). ❑Buyer �Seller ❑Landlord ❑Tenant Date PaZm Desert Housiag Aut,hority ❑Buyer �Selier ❑Landlord ❑Tenant Date Agent c�ntury 21 Osborna Realtv DRE LiC.#01312235 Real Estate Broker(Firm} By DRE Lic.#00852775 Date (Salesperson or&oker-Associate) Jahn asrorne Agency Disclosure Compliance(Civil Code§2079.14): • When ihe listing brokerage company also represents Buyer/Tenant:7he listing Ageni shall have one AO form signed by Seller/Landlord and a different AD foRn signed by Buyedfenant. � When Seller/landlord and Buyer/Tenant are represented by different brokerage companies:{i)the Listing Agent shall have one AD form signed by Seiler/Landlord and (ii) the Buyer's/Tenant's Agent shall have one AD fortn signed by BuyedTenant and either that same or a diiterent AD form presented to Seller/Landlord for signature prior to presentation of the offer.If ihe same form is used>Seller may sign here: (SEtLER/LANOLORD:DO NOT SIGN HERE) (SE�LER/LANDLORD:QO NOT SIGN HERE) 5elier/Landlord Date Seller/Landlord Date The copyright laws of ihe United States (Title 17 U.S. Code) forbid the unauthorized reproduct+on ot lhis fortn, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright�1991-20i0,CAUFORNIA ASSOCIATION OF REALTORS�, INC. ALL RIGHTS RESERVED. „� Reviewed by_Date AD REVISED 11/12(PACiE 1 OF 2) OP�P pNN� OISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAOE 1 OF 2) Agent: John Osbome Phone:(760)921-2121 Fax:(760)922�d387 Prepared using zipFom�software Broker:CENTURY 21 Osbome Rea 41 O uidia Ct Palm Oesert,CA 8226U CIVIL CODE SECTIONS 2079.24(2079.16 APPEARS ON THE FRONI) 2078.13 As used in Sectfons 2079.14 to 2079.24,Inclusive,the following terms have the following meanings: (a)"Agent"means a person actinp under provisions oi Utle 9(commencing with Sectlon 2295)in a real property transaction,and includes a person who is Iicensed as a real estate broker under Chapter 3(commencing with Section 10130)of Part 1 of Divis(on 4 of the Business and Professions Code,and under whose license a I(sting is executed or an otter 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 Divfsion 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 connecUon with acts requiring a real estate license and to function under the broker's supervision in lhe capacity ot an associate licensee.The agent in the real properry transaction bea�s responsibility for his or her assoclate Ilcensees who peAorm as agents of t(�e agent.When an associate licensee owes a duty to any pnncipal,or to any buyer or seller who is not a �rincipal,in a real property transadion,that duty is equivalent to the dury owed to that parly by lhe broker for whom the associate licensee functions.(c) Buye�'means a transieree in a real property transaction,and indudes a person who executes an otter to purchase realproperty irom a seller through an agent, or who seeks the services ot an agent in more than a casual, transitory,or preliminary manner, wilh the object of enfering inio a real property transaction."Buyer"includes vendee or lessee.(d)"Dual aqent"means an agent acting,either directly or through an associate licensee,as agent for both the seller and the buyer in a real properry Uansaction.(e)"Usting agreement"means a contract between an owner ot real property and an agent,by which the agent has been authorized to sell the real property or to�nd or obtain a buyer.(�"Listing agent"means a person who has obtalned a Ilsting of real property to act as an agent for compensation.(�)"Listlng price"is the amount expressed in dollars specified in the listing for which the seller is wiN(ng to sell the rea�property through the hsting agent.(h) Olfering price"is ihe amount expressed in dollars specified in an otter to purchase for which the buyer is wlliing to buy the real property. (1)"Offer to purchase' means a written contracl executed by a buyer acUng throu�h a selling agent which becomes the contract(or the sale of the rea!propertv upon acceptance by the seller.Q)"Real property"means any estate specified by subdivision(t)or(2)of Section 761 in property which constitutes or is im�roved with one to fou�dwell(ng units,any leasehoid in this type of property exceeding one years duratfon,and mobile homes,when ottered for sale or so d through an agent pursuant to the authorily conlamed in Sectfon 10131.6 01 the Business and Professions Code. (k)"Real property transaction"means a transaciion tor the sale of real pro�erty in which an agent is empbyed by one or more oi the p�incipals to act in that transaction,and includes a I(sting or an oHer to purchase.(I)"Seli,""sale, or"sold"refers to a transaction for the transier of real properry irom the seller to the buyer, and includes exchanges of real property between the seller and buyer,transactions for the creation of a real propeny sales contract within the meanin$of Section 2985,and transactions for the creallon of a leasehold exceeding one year's duraUon.(m)"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 ofter to�urchase real property of which he or she Is lhe owner from an agem on behali of another."Seller"InGudes both a vendor and a lessor.(n)'Selling agent means a listing agent who acts alone,or an agent who acts in cooperation with a list(ng agent,and who selis or tinds and obtains a buyer tor the real properlY or an agent who locates property for a buyer or who finds a buyer for a property for whfch no Osting exists and presents an oNer to purchase to the selfer.(o)"Subagent" means a person to whom an agent delegates agency powers as provided in Article 5(commencmg wfth Section 2349)oi Chapter 1 of Tftle 9. However, "subagenP does not indude an associate licensee who is actlng under the supervisfon of an agent in a real property transaction. 2078.�i4 Listing agents and selling agents shall provide the seller and buyer in a real prope�iy transaction wRh a copy oi the disclosure torm specified in Section 2079.16,and,except as provided m subdivision(c,shall obiain a signed acknowledgement of receipt from that seller or buyer,except as provided in this section or Section 2079.15, as follows:(a)The list�ng agent, ii any, shall provide the disclosure fo�m 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 presentin the seller with an oifer to purohase, unless the selling agent previously provfded the seller with a copy of the disclosure torm pursuant to subdivision(a).�c)Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared bv the selling agent may be fumished to the seller(and acknowl�dgemenl of receipt obtafned for the selling agent from the seller}by the listing agent,or tiie sellinQ agent may deliver the disclosure form cerlified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement oi receipt is required. (d) The sel ing agent shall provide the disclosure form to the buyer as soon as pracUcable prior to execution of the buyers ofter to purchase,except that if the offer to purchase is not prepared by the selling agent,the selling agent sha11 present the disclosure form to the buyer not later than the next business day after the selling agent recewes the ofier to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to siQn an acknowiedgement oi receipt pursuant to Section 2079.14, the agent, or an assocfate licensee acting for an agent,shall set torth,sign,and date a wntten declaration of the facls of the refusal. 2078.16 Reproduced on Page 1 oi this AD form. 2079.17(a)As soon as pracGcable,the selling agent shall disclose to the buyer and seller whefher the selling agent is acting in the real property transactlon exclusively as the buyer's agent,exclusively as the sellers agent,or as a dual agent representing both the buyer and the seller.This relationshi�shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the selle�,the buyer,and the selling agent prior to or coincident with executfon of that contract by the buyer and the seller,respecBvely.(b�As soon as practicable,the listing agent shall dsclose to the seller whether the Iisting agent is acting in the real property transaction exclusively as the se lers agent,or as a dual agent representing both the buyer and seller.This relationship shall be confirmed in the contracl to purchase and sell real property or in a separate wrlting executed or acknowledged by the selier 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 foRn. (DO NOT COMPLETE,SAMPLE ONLY) is the agent of(check one): 0 the seller exclusively;or (�both the buye�and seller. ( ame ol Usdng Agent) (DO NOT COMPLETE,SAMPLE ONLY) is the agent of(check one): I�the buyer exclusively;or I]the seller exclusively; or (Name of Selling Agerri if not the sama as the Listing Aqenty ❑both ihe buyer and seller. (d)The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 1079.18 No selling agent in a real property transaction may act as an agent for the buyer only,when the selGng a8ent is aiso acting as the listing agent ln the transaction. 2079.19 The payment of compensa6on or the obligation topa y compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relatfonship belween 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 whlch an obfigation anses as the result of a real estate transaction,and the terms of any such agreement shail not necessarily be determinative of a particular relationship. 2078.20 Nothing In th(s article prevents an agent from selectlng, as a condition of the agenPs employment, a specific form of agency relationship not specifically prohibRed by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller(s willing to sell the property at a price less than the Iisting pr(ce,without the express written consent oi the seller.A dual agent shall not disclose to the seller that the buyer is willing to pa�a price greater than the ofterin�price,without the express wrilten consent of ihe buyer. This section does not alter in any way the cfuty o� respons�bi ity of a dual agent to any principal with respect to confidential infortnation other than price. 2079.22 Nothing in this article preCludes a listing agent from also being a selling agent,and the combination oi these functions in one agent does not,of itseli,make that agent a dual agent. 2p78.23 A contract between the prinGpal and agent may be modKied 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 oi the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to efther diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents,and employees or to relieve agents and their associate licensees,subagents,and employees irom liability for their conduct in connecdon with acts govemed by this article or for any breach ot a fiduciary duty or a duty of disGosure. Buyer's Initials(�_)( ) Seller's Initials ( " )(X ) � , PuWished and Dislobuled by: „ REAL ESTATE BUSIf�SS SERVICES,INC. a subsidiary d Uie CAUFORNW ASSOCIATI�VOFAEALTORS� ` + 525 South Virgil Avenue,Los Mgeles.Cali(omia 80020 � AD REVISED 11/12(PAGE Y OF 2) Reviewed by.,Dete �� DISCLOSURE REGARDING REAL ESTATE ACiENCY RELA770NSHIP(AD PA(3E 2 OF 2) 42-2t8 Verdin