1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (LC35-5-04) THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. Compensation charged by real estate brokerage firms is not set by law. Such charges are established by each real estate brokerage firm. DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE TENANT AGENCY, SELLER AGENCY, TRANSACTION-BROKERAGE, LANDLORD AGENCY OR BUYER AGENCY. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (FOR ALL TYPES OF PREMISES) (TRANSACTION-BROKERAGE) Date: 1. AGREEMENT. Landlord and Brokerage Firm enter into this exclusive, irrevocable contract as of the date set forth above. 2. BROKERAGE RELATIONSHIP. a. Multiple-Person Firm. If this box is checked, the individual designated by Brokerage Firm to serve as the broker of Landlord and to perform the services for Landlord required by this contract is called Broker. If more than one individual is so designated, then references in this contract to Broker shall include all persons so designated, including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated. b. One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with only one licensed natural person. References in this contract to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as the broker of Landlord and perform the services for Landlord required by this contract. 3. DEFINED TERMS. a. Landlord: b. Brokerage Firm: No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 1 of 8 American LegalNet, Inc. www.USCourtForms.com 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 c. Broker: d. Premises. The Premises is the following legally described real estate: in the County of commonly known as No. , Colorado, Street Address City State Zip together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of owner of the Premises (Owner) in vacated streets and alleys adjacent thereto, if applicable, except as herein excluded. e. Lease. (1) “Lease of the Premises” or “Lease” means any lease of an interest in the Premises. (2) If this box is checked, Landlord, who represents to Broker that Landlord has the right and authority from Owner, authorizes Broker to negotiate the sale of the Premises. “Sale of the Premises” or “Sale” means the voluntary transfer or exchange of any interest in the Premises or the voluntary creation of the right to acquire any interest in the Premises. It also includes an agreement to transfer any ownership interest in an entity which owns the Premises. f. Listing Period. The Listing Period of this contract shall begin on , and shall continue through the earlier of (1) completion of the Lease of the Premises or (2) . Broker shall continue to assist in the completion of any transaction for which compensation is payable to Brokerage Firm under § 12 of this contract. g. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC" (mutual execution of this contract) means the latest date upon which both parties have signed this contract. 4. BROKERAGE SERVICES AND DUTIES. Brokerage Firm, acting through Broker, shall provide brokerage services to Landlord. a. Broker shall exercise reasonable skill and care for Landlord, including, but not limited to: (1) Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises is subject to an agreement to Lease; (2) Disclosing to Landlord adverse material facts actually known by Broker; (3) Advising Landlord to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker; (4) Accounting in a timely manner for all money and property received; (5) Keeping Landlord and tenant fully informed regarding the transaction; and (6) Assisting Landlord and tenant in complying with the terms and conditions of any transaction. b. Broker shall not disclose the following information without the informed consent of Landlord: No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 2 of 8 American LegalNet, Inc. www.USCourtForms.com 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 (1) (2) (3) (4) (5) That Landlord is willing to accept less than the stated rental rate for the Premises; What the motivating factors are for Landlord to Lease the Premises; That Landlord will agree to Lease terms other than those offered; Any material information about Landlord unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing; or Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises. c. Landlord consents to Broker’s disclosure of Landlord’s confidential information to the supervising broker or designee for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information without consent of Landlord, or use such information to the detriment of Landlord. d. Landlord shall not be vicariously liable for the acts of Broker that are not approved, directed or ratified by Landlord. e. Broker has no duty to conduct an independent inspection of the Premises for the benefit of a tenant and has no duty to independently verify the accuracy or completeness of statements made by Landlord or independent inspectors. Broker has no duty to conduct an independent investigation of a tenant's financial condition or to verify the accuracy or completeness of any statement made by a tenant. f. In-Company Transaction – Different Brokers. When Landlord and tenant in a transaction are working with different brokers, those brokers continue to conduct themselves consistent with the brokerage relationships they have established. Landlord acknowledges that Brokerage Firm is allowed to offer and pay compensation to brokers within Brokerage Firm working with a tenant. g. In-Company Transaction – One Broker. If Landlord and tenant are both working with the same broker, Broker shall continue to function as a Transaction-Broker. 5. LANDLORD’S OBLIGATIONS TO BROKER. Landlord agrees to conduct all negotiations for the Lease of the Premises only through Broker, and to refer to Broker all communications received in any form from real estate brokers, prospective tenants, or buyers, or any other source during the Listing Period of this contract. Landlord represents that Landlord Is  Is Not currently a party to any listing agreement with any other broker to Lease the Premises. 6. RENTAL RATE AND TERMS. a. Rental Rate. U.S. $ ______________________________ b. Minimum Amount of Security Deposit. U.S. $ c. Other Terms. . No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 3 of 8 American LegalNet, Inc. www.USCourtForms.com 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 7. DEPOSITS. Brokerage Firm is authorized to accept security deposits received by Broker pursuant to a proposed Lease. Brokerage Firm is authorized to deliver the security deposit to the Premises manager, if any, upon the execution of the Lease. 8. INCLUSIONS. The Lease includes the following items: The above described items (Inclusions) shall be leased by Landlord to tenant, all in their present condition. Parking and Storage Facilities. Use only of the following parking facilities: ; and the following storage facilities: . 9. TITLE AND ENCUMBRANCES. Landlord represents to Broker that Landlord has the right and authority to enter into a Lease of the Premises. Landlord shall deliver to Broker true copies of all relevant title materials, loan documents, leases and surveys in Landlord's possession and shall disclose to Broker all easements, liens and other encumbrances, if any, on the Premises, of which Landlord has knowledge. Brokerage Firm may terminate this Listing Contract upon written notice to Landlord that title is not satisfactory to Brokerage Firm. 10. POSSESSION. Possession of the Premises shall be delivered to tenant as follows: 11. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION. . a. Broker's Obligations. Colorado law requires a broker to disclose to any prospective tenant all adverse material facts actually known by such broker including but not limited to adverse material facts pertaining to the title to the Premises and the physical condition of the Premises, any material defects in the Premises, and any environmental hazards affecting the Premises which are required by law to be disclosed. These types of disclosures may include such matters as structural defects, soil conditions, violations of health, zoning or building laws, and nonconforming uses and zoning variances. Landlord agrees that any tenant may have the Premises and Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Premises. b. Landlord’s Obligations. (1) Landlord's Premises Disclosure Form. A landlord is not required by law to provide any particular disclosure form. However, disclosure of known material latent (not obvious) defects is required by law. Landlord Agrees Does Not Agree to provide a written disclosure of adverse matters regarding the Premises completed to the best of Landlord's current, actual knowledge. (2) Lead-Based Paint. Unless exempt, if the improvements on the Premises include one or more residential dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead-Based Paint Disclosure (Rental) form must be signed by Landlord, the real estate licensees and given to any potential tenant and Landlord in a timely manner. No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 4 of 8 American LegalNet, Inc. www.USCourtForms.com 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 12. COMPENSATION TO BROKERAGE FIRM. Landlord agrees that any Brokerage Firm compensation that is conditioned upon the Lease of the Premises shall be earned by Brokerage Firm as set forth herein without any discount or allowance for any efforts made by Landlord or by any other person in connection with the Lease of the Premises. a. Lease Commission. In consideration of the services to be performed by Broker, Landlord agrees to pay Brokerage Firm as follows: (1) (2) % of the gross rent under the Lease in U.S. dollars, or . b. following: When Earned. Such commission shall be earned upon the happening of any of the c. as follows: This fee is payable upon execution of the Lease or possession, whichever occurs first, or d. If the Lease contains an option to extend or renew, Broker Shall Shall Not be paid a fee for such extension or renewal. If Brokerage Firm is to be paid a fee for such extension or renewal, such fee shall be paid as follows: . Such fee shall be due and payable upon the Exercise by tenant of such right to extend or renew the Lease Upon the Commencement of any such extended or renewed term of the Lease. e. $ If the box in § 3e(2) is checked, Brokerage Firm shall be paid a fee equal to the greater of or % of the purchase price for the Premises, payable only upon delivery of deed. (f) Any Lease (or Sale if § 3e(2) is checked) of the Premises within calendar days subsequent to the expiration of the Listing Period (Holdover Period) to anyone with whom Broker negotiated and whose name was submitted, in writing, to Landlord by Broker during the Listing Period (including any extensions thereof). However, Landlord shall owe no commission to Brokerage Firm under this subsection 12(f) if a commission is earned by another licensed real estate brokerage firm acting pursuant to an exclusive agreement entered into during the Holdover Period. 13. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor the Brokerage Firm, except as set forth in § 12, shall accept compensation from any other person or entity in connection with the Premises without the written consent of Landlord. Additionally, neither Broker nor Brokerage Firm shall assess or receive mark-ups or other compensation for services performed by any third party or affiliated business entity unless Landlord signs a separate written consent. No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 5 of 8 American LegalNet, Inc. www.USCourtForms.com 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 14. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICE AND MARKETING. Landlord has been advised by Broker of the advantages and disadvantages of various marketing methods, the use of multiple listing services and various methods of making the Premises accessible by other brokerage firms (e.g., using lock boxes, by-appointment-only showings, etc.), and whether some methods may limit the ability of another broker to show the Premises. After having been so advised, Landlord has chosen the following (check all that apply): a. The Premises: Shall Shall Not be submitted to one or more multiple listing services. Shall Shall Not be submitted to one or more property information exchanges. Landlord authorizes the use of electronic and all other marketing methods except: Landlord further authorizes use of the data by multiple listing services and property information exchanges, if any. Access to the Premises by other brokerage firms may be by: Lock Box Other instructions: b. Broker shall seek assistance from, and Brokerage Firm offers compensation to, the following brokers outside of Brokerage Firm: Tenant Agents: . Transaction-Brokers: . 15. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm shall bear all expenses incurred by Brokerage Firm, if any, to market the Premises and to compensate cooperating brokerage firms, if any. Neither Broker nor Brokerage Firm shall obtain or order any other products or services unless Landlord agrees in writing to pay for them promptly when due (examples: space planning, surveys, radon tests, title reports, engineering studies). Unless otherwise agreed, neither Broker nor Brokerage Firm shall be obligated to advance funds for the benefit of Landlord in order to complete a transaction. Landlord shall reimburse Brokerage Firm for payments made by Brokerage Firm for such products or services authorized by Landlord. 16. MAINTENANCE OF THE PREMISES. Neither Broker nor Brokerage Firm shall be responsible for maintenance of the Premises nor shall they be liable for damage of any kind occurring to the Premises, unless such damage shall be caused by their negligence or intentional misconduct. 17. OTHER LANDLORDS. Landlord acknowledges that, under Colorado law, Brokerage Firm may have agreements with other landlords to market and lease their premises. 18. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective tenant because of the race, creed, color, sex, marital status, national origin, familial status, physical or mental handicap, religion or ancestry of such person. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Landlord acknowledges that Broker has advised that this document has important legal consequences and has recommended consultation with legal and tax or other counsel before signing this contract. No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 6 of 8 American LegalNet, Inc. www.USCourtForms.com 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 20. MEDIATION. If a dispute arises relating to this contract, prior to or after possession, and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by one party to the other at the party’s last known address. 21. ATTORNEY FEES. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees. 22. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 23. ATTACHMENTS. The following are a part of this contract: 24. NOTICE, DELIVERY AND CHOICE OF LAW. a. Physical Delivery. Except for the notice requesting mediation described in § 20 and except as provided in § 24b below, any notice to the other party to this contract must be in writing, and is effective upon receipt. b. Electronic Delivery. As an alternative to physical delivery, any signed document and written notice may be delivered in electronic form by the following indicated methods only: Facsimile E-mail None. Documents with original signatures shall be provided upon request of any party. c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 25. MODIFICATION OF THIS LISTING CONTRACT. No subsequent modification of any of the terms of this Listing Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 26. COUNTERPARTS. If more than one person is named as a Landlord herein, this Listing Contract may be executed by each Landlord, separately, and when so executed, such copies taken together with one executed by Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract between the parties. No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 7 of 8 American LegalNet, Inc. www.USCourtForms.com 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 27. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior agreements, whether oral or written, have been merged and integrated into this contract. 28. COPY OF CONTRACT. Landlord acknowledges receipt of a copy of this contract signed by Broker, including all attachments. Brokerage Firm authorizes Broker to execute this Listing Contract on behalf of Brokerage Firm. Date: Date: Landlord Address: Phone No.: Email Address: Landlord Fax No.: Date: Broker Broker's Name: Address: Phone No.: Email Address: Fax No.: Brokerage Firm's Name: Address: Phone No.: Email Address: Fax No.: No. LC35-5-04 EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT (For all Types of Premises) (Transaction-Brokerage) Page 8 of 8 American LegalNet, Inc. www.USCourtForms.com