HomeMy WebLinkAboutCOMMERCIAL EXCLUSIVE SELLER LISTING AGREEMENT SHERMAM & HEMTREET INC AS BROKER AND BLANCHARD AND CALHOUN COMMERCIAL CORP BROKERCOMMERCIAL EXCLUSIVE
SELLER LISTING AGREEMENT
For and in consideration of the mutual promises contained herein and other good and valuable consideration, Augusta,
Georgia, a political subdivision of the State of Georgia as seller (hereinafter referred to as "Seller "), and Sherman &
Hemstreet, Inc. as broker and its licensees and Blanchard and Calhoun Commercial Corporation as broker and its
licensees (hereinafter collectively referred to as "Broker") do hereby enter into this Agreement, this
day of , 2012 .
1. Exclusive Listing Agreement. Seller hereby grants to Broker the exclusive right and privilege as the Agent of the Seller to
show and offer for sale (sale being defined as including the auctioning of property either by sealed bid or live auction) the
properties described in Exhibit A attached hereto and lying and being in Richmond County, Georgia, or in other Georgia
counties, together with all fixtures, landscaping, improvements, and appurtenances, all being hereinafter collectively referred
to as the "Properties ". The term of this Agreement shall begin on June 1 , 2012 and shall continue through
May 31 , 2013 , (hereinafter referred to as "Listing Period ").
2. Broker's Duties to Seller. Broker's duties to Seller shall include: (a) use Broker's best efforts to coordinate and conduct
an auction of the properties (either via sealed bid or live auction); (b) procure one or more buyers ready, willing, and able to
purchase the Properties at the reserve price established by the Seller (including commission) or any other price acceptable
to Seller (including commission); (c) assist to the extent requested by Seller, in negotiating the terms of and filling out a
preprinted real estate purchase and sale agreement; (d) performing such other duties as agreed to by Broker and Seller;
and (e) comply with all applicable laws in performing its duties hereunder including the Brokerage Relationships in Real
Estate Transaction Act, O.C.G.A. § 10 -6A -1 et. seq. and all statutes relative to the sale of public properties.
3. Seller's Duties. Seller represents that Seller: (a) presently has title to the Property or has full authority to enter into this
Agreement; (b) will cooperate with Broker to sell the Property to prospective buyers; (c) will make the Property available for
showing at reasonable times (upon advance notice if the property is occupied) as requested by Broker; and (d) will provide
Broker, to the best of Seller's information, knowledge and belief, with accurate information regarding the Property (including
information concerning all adverse material facts pertaining to the physical condition of the Property).
4. Marketing
A. Advertisements: Broker may, at its own cost and expense, advertise the Property for sale in all media and may
photograph and /or videotape and use the photographs and /or videotapes in connection with Broker's marketing efforts.
Seller agrees not to place any advertisements on the property or to advertise the property for sale in any media except
with the prior written consent of Broker. Broker is also hereby authorized to place Broker's "For Sale" or "Auction Sale"
sign on the Property as agreed to by the Seller. Broker is authorized to procure buyers to purchase the Property in
cooperation with other real estate brokers and their affiliated licensees and to list the Property in a multiple listing
service or similar service. Broker may distribute listing and sales information (including the sales price) to them, and
said cooperating brokers and their licensees may republish such information on their Internet web sites. Broker and
other real estate brokers and their affiliated licensees may show any unoccupied Property without first notifying the
Seller.
B. Lockboxes: NA.
C. Auctioneer. Broker shall contract with one or more licensed auctioneer's to conduct any live auction of the Property.
Auctioneer fees shall be paid and collected from the buyer in the form of a "buyer's premium" which shall not exceed the
less of the 10% or customary charge for this service. Auctioneer fees may be used to pay the auctioneer costs, costs
of conducting the auction, marketing of the auction, and similar costs, but shall not be shared with Broker.
5. Commission. Seller agrees to pay Broker no later than at closing a real estate commission, the commission percentage
schedule for such sales being described in Exhibit B attached hereto, in the event that during the term of this Agreement, (1)
Broker procures a person ready, willing, and able to purchase the Property at the price described above and Seller accepts
the contract, In the event of the bona fide participation of a cooperating broker, Broker shall share this commission with a
cooperating broker, if any, who procures the buyer of the Property by paying such cooperating, broker 50% of the total
Broker's commission or $ N/A . Cooperating brokers are expressly intended to be third -party beneficiaries under this
Agreement.
Notwithstanding the above, in the event that the Property is sold to the prospective buyer by or through another licensed
broker with whom Seller has signed an exclusive right to sell contract, then no commission shall be owed to Broker by virtue
of this Agreement. The commission obligations set forth herein shall survive the termination of this Agreement.
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.6. Limits on Broker's Authority and Responsibility. Seller acknowledges and agrees that Broker: (a) may show other
properties to prospective buyers who are interested in Seller's Property; (b) is not an expert with regard to matters that could
be revealed through a survey, title search, or inspection; the condition of property; the necessity, or cost of repairs;
hazardous or toxic materials; the availability and cost of utilities or community amenities; conditions existing off the property
that may affect the property; uses and zoning of the property; the appraised or future value of the property; termites and
wood - destroying organisms; building products and construction techniques; the tax or legal consequences of a
contemplated transaction; or matters relating to financing (and if these matters are of concern to Seller, Seller is hereby
advised to seek independent expert advice on any of these matters of concern to Seller); (c) shall owe no duties to Seller
nor have any authority to act on behalf of Seller other than what is set forth in this Agreement; (d) may make all disclosures
required by law; (e) may disclose all information about the Property to others; and (f) shall, under no circumstances, have
any liability greater than the amount of the real estate commission paid hereunder to Broker (excluding any commission
amount paid to a cooperating real estate broker, if any).
Seller agrees, to the extent allowed by law, to hold Broker harmless from any and all claims, causes of action, or damages
arising out of or relating to: (a) Seller providing Broker incomplete and /or inaccurate information; (b) the handling of earnest
money by anyone other than Broker; or (c) any injury to persons on the Property and /or loss of or damage to the Property or
anything contained therein.
7. Extension. n/a
8. Required State Law Disclosures. (a) Broker agrees to keep all information which Seller asks to be kept confidential by
express request or instruction unless the Seller permits such disclosure by subsequent work or conduct or such disclosure
is required by law. (b) Broker may not knowingly give customers false information. (c) In the event of a conflict between
Broker's duty not to give customers false information and the duty to keep the confidences of Seller, the duty not to give
customers false information shall prevail. (d) Unless specified below, Broker has no other known agency relationships with
other parties which would conflict with any interests of Seller (except that Broker may represent other buyers, sellers,
landlords, and tenants in buying, selling or leasing property).
9. Brokers Policy Agency. Unless Broker indicates below that Broker is not offering a specific agency relationship, the types
of agency relationships offered by Broker are seller agency, buyer agency, designated agency, dual agency, landlord
agency, and tenant agency.
The agency relationship(s), if any, NOT offered by Broker is /are the following: N/A
Dual Agency Disclosure. [Applicable only if Broker's agency policy /s to practice dual agency] Seller does hereby consent
to Broker acting in a dual agency capacity in transactions in which Broker is representing as clients both the Buyer and
Seller and Broker is not acting in a designated agency capacity. By entering this Agreement, Seller acknowledges that
Seller understands that Seller does not have to consent to dual agency, is doing so voluntarily, and that this brokerage
engagement has been read and understood. In serving as a dual agent, Broker is representing two parties as clients whose
interests are or at times could be different or even adverse. As a dual agent, Broker will disclose to both parties all adverse
material facts relevant to the transaction actually known to the dual agent except for information made confidential by
request or instructions from client and which is not required to be disclosed by law. Seller hereby directs Broker, while acting
as a dual agent to keep confidential and not reveal to the Buyer any information which would materially and adversely affect
the Seller's negotiating position. Broker or Broker's affiliated licensees will timely disclose to each client the nature of any
material relationship the broker and the broker's affiliated licensees have with the other client or clients, other than that
incidental to the transaction. A material relationship shall mean any actually known personal, familial, or business
relationship between Broker and a client which would impair the ability of Broker to exercise fair and independent judgment
relative to another client. The other party whom Broker may represent in the event of dual agency may or may not be
identified at the time Seller enters into this Agreement. If any party is identified after the Agreement and has a material
relationship with Broker, then Broker shall timely provide to Seller a disclosure of the nature of such relationship.
10. Other Provisions.
A. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties hereto, and no
modification of this Agreement shall be binding unless signed by all parties. No representation, promise, or inducement
not included in this Agreement shall be binding upon any party hereto.
B. Time of Essence. Time is of the essence of this Agreement.
C. Terminology. As the context may require in this Agreement: (1) the singular shall mean the plural and vice versa; and
(2) all pronouns shall mean and include the person, entity, firm, or corporation to which they relate.
D. Notices. Except as otherwise provided herein, all notices, including demands, offers, counteroffers, acceptances, and
amendments (hereinafter collectively referred to as Notices) required or permitted hereunder shall be in writing and
delivered to the party at the address set forth below (or such other address as the party may provide in writing) either:
(1) in person; (2) by an overnight delivery service, prepaid; (3) by facsimile transmission (FAX) (provided that an original
of the notice shall be promptly sent thereafter if so requested by the party receiving the same); or (4) by the United
States Postal Service, postage prepaid, registered or certified return receipt requested. Notwithstanding the above,
notice by FAX shall be deemed to have been given as of the date and time it is transmitted if the sending FAX produces
a written confirmation with the date, time and telephone number to which the notice was sent.
Page 2 of 6
BY SIGNING THIS AGREEMENT, SELLER ACKNOWLEDGES THAT: (1) SELLER HAS READ ALL PROVISIONS AND
DISCLOSURES MADE HEREIN; (2) SELLER UNDERSTANDS ALL SUCH PROVISIONS AND DISCLOSURES AND HAS
ENTERED INTO THISAGREEMENT VOLUNTARILY; AND (3) SELLER IS NOT SUBJECT TO A CURRENT LISTING AGREEMENT
WITH ANY OTHER BROKER.
RECEIPT OF A COPY OF THIS AGREEMENT IS HEREBY ACKNOWLEDGED BY SELLER.
The above proposition is hereby accepted
By:
Print/Type Name: Joe Edg GA Lic No 282262
Address:: 3523 Walton Way Ext, Augusta, GA 30909
Phone #:
Fax #:
By:
Sherman & Hemstreet, • Augusta, Georgia
Company
Broker or Broke J' " fated Li
706 - 722 -8334
706- 722 -7289
Blanchard and Calhoun Commercial Corporation
Company GA Lic No H -12988
1
Broker or Broker's Affiliated Licensee
Print/Type Name: Tommy Saul GA Lic No
Address:: 2743 Perimeter Pkwy, Bldg 100, Ste 370, Augusta, GA 30909
Phone #: 706 - 722 -5565
Fax #: 706- 722 -6960
o'clock PM on the day of , 2012 .
GA Lic No 54422 Seller:
By:
$ v;c Pr in ye: LC. CTYo h q (e)'"
Contact:
Fax #:
Phone #:
E -mail:
Page 4 of 6
Fax #
Owner's Address:
Addresses for Notices
Brokers' Addresses:
Augusta, Georgia Sherman & Hemstreet, Inc.
520 Greene Street, Augusta, GA 30901
Augusta, GA 30901 Augusta, GA 30919
Email # a rr) CI )1 77 4 QC) U
o (Mark box if additional pages are attached.)
Attn:
q it #
Fax #
3523 Walton Way Ext, Augusta, GA 30909
Contact: Jane Ellis
Blanchard and Calhoun Commercial Corporation
Attn:
2743 Perimeter Pkwy, Bldg 100, Suite 370
Augusta, GA 30909
706 - 722 -7289
Contact: Tommy Saul
Fax # 706- 722 -6960
jellis @shermanandhemstreet.com
Email # tsaul @bccommercial.com
E. Governing Law. This Agreement shall be governed by and interpreted pursuant to the laws of the State of Georgia.
11. SPECIAL STIPULATIONS: The following Special Stipulations, if conflicting with any preceding paragraph, shall control.
A. From time to time Seller may add properties to this Agreement by notifying Broker via fax or email transmission.
Page 3 of 6
Draft Offering of ARC Surplus Properties - Sealed Bid
PIN
PROPERTY ADDRESS
DESCRIPTION!
Zoning
Uses
Due Diligence
Comments
1
047 -2- 003 -00 -0
511 REYNOLDS ST
"OLD" RAILROAD DEPOT
6.27 Acres
4,309 -SF Historic Bldg
HI
Mixed Use Development: Hotel,
office, condominium; light retail in
historic building
60 -Days
Deed Restrictions for Use;
SPLOST Cleanup Costs to be
repaid
2
062 -0- 008 -00 -0
386 PREP PHILLIPS DR
TRAFFIC ENGINEERING
13.89 Acres
9,012 -SF Bldg
LI
Architectural, engineering, or
construction office. Possible
subdivision into 3 -5 lots.
90 -Days
Property is in the Flood Plain,
redevelopment will be restricted.
Retail Land. Secondary: service
Approximately 1.7 Acres Desirable
3
043 -4- 015 -01 -0
1710 HIGHLAND AVE
CONSTRUCTION SHOP
5.08 Acres
4,100 -SF Bldg
LI
or construction business location
with lay -down yard
60 -Days
for Retail/Comm Land, remainder
Landscape
Lt Industry. General or industrial
Sale and Lease Back until City
4
134 -1- 070 -00 -0
1815 MARVIN GRIFFIN RD
LICENSE AND INSPECTION
2.53 Acres
12,716 -SF Bldg
LI
service business location, or
construction business location
60 -Days
departments move
Corporate or Institutional
5
047 -1- 194 -00 -0
902 GREENE ST
"OLD" PUBLIC LIBRARY
1.12 Acres
33,000 -SF 2 -Story Bldg
B -p
Headquarters office; Multiple
Tenant Professional Office;
60 -Days
Acquisition and sale of corner state -
owned property desirable
Educational Use
"OLD" CHAMBER OF
Retail (restaurant, club, other
Building Square footage
6
047 -1- 304 -00 -0
600 BROAD ST
COMMERCE
0.30 Acres
6,654 -SF 2 -Story Bldg
B2
retail); Corporate or professional
office
60 -Days
approximated
036 -1- 140 -00 -0
1522A
036 -1- 141 -00 -0
036 -1- 142 -00 -0
1546
1548
Owner- occupied or mulitple
Property re development to be
7
036 -1- 131 -00 -0
BROAD ST
1548A
TRANSIT TRANSFER
2.00 Acres
Various structures
LI
tenant prof /medical office; mixed
90 -Days
subject to Canal Authority MOU
036 -1- 129 -00 -0
1566
use - office /condo
036 -1- 130 -00 -0
1566A
Owner- occupied or mulitple
Property re- development to be
8
036 -1- 102 -00 -0
1568 BROAD ST
FLEET MAINTENANCE 1
2.06 Acres
Various structures
B2
tenant prof /medical office; mixed
use - office /condo
90 -Days
subject to Canal Authority MOU
036 -1- 101 -00 -0
1580
18,000 -SF, 11,120 -SF,
Owner - occupied or mulitple
Property re- development to be
9
036 -1- 109 -00 -0
1620 'r4 BROAD ST
FLEET MAINTENANCE 2
1.69 Acres
11,836 -SF Metal Bldgs
B2
tenant prof /medical office; mixed
90 -Days
subject to Canal Authority MOU
036 -1- 110 -00 -0
1624
use - office /condo
10
036-4- 034 -00 -0
1099 REYNOLDS ST
REYNOLDS ST FIRE
STATION
0.5 Acres
11,000 -SF Masonry
special - purpose buildings
with on -site parking
B -2
Owner - occupied commercial use;
conversion of existing buidlings
for commercial or institutional use
60 -Days
11
013 -3- 094 -00 -0
2625 WASHINGTON RD
OLD FIRE STATION
0.53 Acres
Approximately 3,950 -SF
masonry building on 0.53-
B-1
Owner- occupied service or
90 -Days
Re- Zoning may be required
Ac flagpole lot
garage business.
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Draft Offering of ARC Surplus Properties - Sealed Bid
PIN
PROPERTY ADDRESS
DESCRIPTION
Zoning
Uses
Due Diligence I '
Comments
Additional ARC Surplus Properties - Sealed Bid Offering - Conditional
12
061 -0- 017 -00 -0
535
SAND BAR FERRY RD
GRADED, GRASSED LOT
3.12 Acres
Lot in front of Housing
Development
R -1C
Neighborhood Strip Center
60 -Days
Good commercial location, re-
zoning required
13
158 -0- 006 -02 -0
1624
HARTRICH RD
4 -H -CLUB RD
DEVELOPMENT TRACT
40.62 Acres
Undeveloped Land
A
Light or Heavy Industry
90 -Days
Good industrial location, some
wetlands. Re- zoning required.
14
085 -1- 186 -00 -0
2378
WHEELESS RD
DEVELOPMENT TRACT
1.6 Acres
Undeveloped Land
R -1A
Residential Development,
possible Neighborhood Business
Site
60 -Days
15
132 -2- 186 -00 -0
3626
RICHMOND HILL RD
DEVELOPMENT TRACT
4.88 Acres
Undeveloped Land
R -1
Residential Development
60 -Days
Deed Restrict for residential
development only, no connector
road
16
133 -0- 001 -01 -0
3421
PEACH ORCHARD RD
DEVELOPMENT TRACT
8.01 Acres
Undeveloped Land
B -1
R -3B
Neighborhood Business and Mufti,
Family Development
60 -Days
Neighborhood Business on Peach
Orchard Rd; Restrict remainder for
multi-family only, no connector road
17
131 -0- 099 -00 -0
2599
WINDSOR SPRING RD
DEVELOPMENT TRACT
3.56 Acres
Undeveloped Land
B -2
General Business, Neighborhood
Business, Residential
Development
60 -Days
Possible "Utility Bond" property
18
130 -0- 740 -00 -0
3604
WOODLAKE RD
DEVELOPMENT TRACT
5.18 Acres
Undeveloped Land
R -1A
Residential Development
60 -Days
19
131 -0- 054 -01 -0
3500
WINDSOR SPRING RD
DEVELOPMENT LOT
0.79 Acres
Undeveloped Land
A
Residential Development,
possible Neighborhood Business
Site
60 -Days
Flagpole Lot, surrounded by large
one -owner tract. Re- zoning
required.
20
052 -0- 046 -01 -0
3907
BELAIR RD
DEVELOPMENT LOT
2.45 Acres
Undeveloped Land
R -1A
Residential Development,
possible Neighborhood Business
Site
60 -Days
Rear of Property fronts on Jimmie
Dyess Property, access yet to be
determined. May require re-
zoning.
21
050 035D
Columbia County
5059
High Meadows Dr
Grovetown, GA 30813
DEVELOPMENT PARCEL
7.97 Acres
Undeveloped Land
RA
Residential, Residential-
Agricultural Site
60 -Days
Large flagpole lot south of
Columbia Rd in Grovetown area of
Columbia County
I
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1
1
1
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I
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S&H / SCC
S&NBCC and co- broker
7.00%
9.00%
8.25%
8.00%
5.00%
7.00%
4.50%
5.00%
4.00%
5.00% .
COMMISSION STRUCTURE:
Flat Fee for Properties selling for under $17,500;
COMMISSION AS A % OF SALES PRICE:
Properties selling at $17,501 to $100,000
Properties selling at $100,001 to $500,000
Properties selling at $500,001 to $1,000,000
Properties selling at $1,000,000 to $2,500,000
Properties selling at $2,500,000 and up:
EXHIBIT B
Commission Schedule
$
/each
Page 6 of 6