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HomeMy WebLinkAboutEC18-188 - Amendment - #2 - CBRE Hotels - Representing City in Sale of Naden Site - 09/06/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management W. 1 4.TON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Tanya / Rhonda Department: ECD Date Sent: 09/05/2019 Date Required: asap iAuthorized Fv� Director or Designee Date of a to Sign: Council af Mayor Approval: Budget Grant? Yes ✓ No Account Number: Type: N/A Vendor CBRE t Category: Grants Non-Real Pron" Name: Vendor c Sub-Category o Number: E Project Naden Exclusive Listing Agreement ,s Name: a c Project Second Amendment +. Details: c EAgreement Basis for a Amount: Selection of Contractor: c+ a Start Date: Termination Date: 03/31/20 Notice required prior to Yes No Contract Number: I j'`C A3'-/a 6 disclosure? Date Received by City Attorney: Comments: o� c IIA t. CEIVED at Date Routed to the Mayor's Office. rA Date Routed to the City Clerk's Office: t t 4 City of Kent 411 cc t Office of the mayQr Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_619 DocuSign Envelope ID:2F20BFF8-7EEB-4879-A4B7-7116E3127B53 CBRE 1420 5^Avenue Suite 1700 Seattle,WA 96101 Tel.206-292-6070 Cell. 206-715-9910 SECOND AMENDMENT TO EXCLUSIVE LISTING AGREEMENT (Kent Development Site) This SECOND AMENDMENT TO THE EXCLUSIVE LISTING AGREEMENT (this "Amendment") dated as of August 31, 2019, is made by and between City of Kent ("Owner"),and CBRE Hotels("Broker"). RECITALS A. Owner and Broker are parties to that certain Exclusive Listing Agreement dated as of May 5,2018(the"Agreement'). B. Owner and Broker wish to amend the Exclusive Listing Agreement as provided herein. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Broker agree that the Listing Agreement is hereby amended as follows: 1. Defined Terms. All initially capitalized terms used herein shall have the same meanings given to them in the Listing Agreement, unless expressly otherwise defined in this Amendment. 2. Incorporation of Recitals. The Recitals set forth above are incorporated herein and form an integral part of this Amendment. 3. Listing Extension. Owner and Broker wish to extend the current listing to March 31,2020 under the same terms and conditions as the original agreement. 4. Counterparts: Facsimile. This Amendment may be executed in any number of counterparts,each of which shall be deemed an original, but all of which together shall constitute one (1) and the same instrument. A copy of this Agreement sent by telecopy with facsimile signatures thereon shall be deemed an original for all purposes. 5. Full Force and Effect: Entire Agreement. As expressly amended hereby, the Listing Agreement shall remain in full force and effect, and the parties hereby ratify and affirm all of the terms and conditions thereof as amended by this Amendment. If there are any conflicts or inconsistencies between any of the terms or conditions contained in this Amendment and those contained elsewhere in the Exclusive Listing Agreement,then the terms and conditions contained in this Amendment shall govern and control. The Listing Agreement, including the Exhibits as amended by this Amendment, contain the entire agreement between Owner and Broker with 1 of 4 DocuSign Envelope ID:2F20BFF8-7EEB-4879-A467-7116E3127B53 respect to the subject matter thereof and hereof, and all prior agreements, presentations, understandings and writings concerning the subject matter therein and herein are expressly superceded hereby and are of no force or effect whatsoever. IN WITNESS WHEREOF,each party hereto has executed this Amendment effective as of the date first written above. 2 of 4 DocuSign Envelope ID:2F20BFF8-7EEB-4879-A4B7-7116E3127B53 CBRE,Inc. City of Kent Licensed Real Estate Broker Owner DocuSigned by: By: 56R F. hiat,r By: ohnDQ MMYFAAOE4IA... Title: Manaoina Director Title: urt Hanson,Director of Economic &Community Development Address: 1420 5th Ave.Suite 1700 Address: Seattle WA 98101 220 Fourth Ave S,Kent WA 98032 Date: 9/17/2019 Date: _ w Telephone: 3-85 -5706 Telephone: 206.292.6102 Docuftned by: and By: 1244$"$O(M By: Chrte Burdett 547258CM2904EE.,. Title: Executive Vice President Title: Dana RaIRI,Mayor Address: 1420 5th Ave,Suite 1700 Address: Seattle,WA 98101 220 Fourth Ave S,Kent WA 98032 Date: 9/17/2019 Date: Telephone: 206.292.6070 Telephone: 253-856-5720 and By: ' Title: Kim,Komoto,City Clerk Address: 220 Fourth Ave S Kent WA 98032 Date: Q(1 r U t 1"1 Telephone: 253-856-572&$'7L5 3 of 4 DocuSign Envelope ID:2F20BFF8-7EEB-4879-A4B7-7116E3127B53 Exhibit A Legal Description(s)and Survey Parcel Number Square Footage Acreage 600000-0050 21,497 0.49 600000-0051 7,920 0.18 600000-0052 11,510 0.26 600000-0060 9,273 0.21 600000-0062 7,920 0.18 600000-0063 1,254 0.03 600000-0061 12,598 0.29 600000-0070 13,783 0.32 Total 85,755 1.96 A PORTION OF7HE NW 1F1,BEC.24.T.?2 N„fl.4E.,W.M. � ..,..... y t All -n... 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