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HomeMy WebLinkAboutEC18-188 - Amendment - #3 - CBRE Hotels - Representing City in Sale of Naden Site - 04/01/2020 f Agreement Routing Form • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin Economic&Community Development Date Sent: Date Required: o April 21, 2020 April 24, 2020 L n- Authorized to Sign: Date of Council Approval: QD Director or Designee El Mayor April 2018 Budget Account Number: Grant? ❑Yes ❑No M20042.64140.9419 40 Budget? ❑Yes ❑No Type: Vendor Name: Category: CBRE Contract Vendor Number: Sub-Category: w not set up yet-hotel brokerage won't be paid until sale closes _ C O Project Name: Naden Property Sale brokerage agreement E L O Project Details:3rd amendment C a� £ Agreement Amount: Basis for Selection of Contractor: Gl ,. L Start Date: April 1, 2020 Termination Date: March 31 , 2021 Q Local Business? ❑Yes ❑No* *Ifineets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions'form on Cityspoce. Notice required prior to disclosure? Contract Number: ❑Yes ❑No EC18-188 (original contract) Date Received by City Attorney: Comments: G1 C 7 3 a, N fQ C p� Date Routed to the Mayor's Office: 'v1 Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements DocuSign Envelope ID:66F64081-D07F-44EF-A878-95CB20A9E270 CBRE 1420 5tn Avenue Suite 1700 Seattle,WA 98101 Tel.206-292-6070 Cell. 206-715-9910 THIRD AMENDMENT TO EXCLUSIVE LISTING AGREEMENT (Kent Development Site) This THRID AMENDMENT TO THE EXCLUSIVE LISTING AGREEMENT (this "Amendment")dated as of April 22,2020, 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') and Second Amendment to Exclusive Listing Agreement dated as of August 31, 2019. 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 31,2021 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. Reinstatement of Agreement; 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 1 of 4 DocuSign Envelope ID:66F64081-D07F-44EF-A878-95CB20A9E270 Agreement, including the Exhibits as amended by this Amendment, contain the entire agreement between Owner and Broker with 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. 2of4 DocuSign Envelope ID:66F64081-D07F-44EF-A878-95CB20A9E270 CBRE, Inc. City of Kent Licensed Real Estate Broker Owner By: llR,t' By.LELIA_ Title: Senior Manasalinsa Director Title: J(a'r� c..E--(1 r, C�t3/i-p--v4(G{ , Address: 1420 5t''Ave Address: Suite 1700 6 t 4- y� �O T m 'tAl Seattle.WA 98101 Date: 04/22/2020 Date: 1 ` Telephone: 95 Telephone: 206.292.6102 0001 by: and By: Cl.�.a Baedctt By. , 04EE... Title: Executive Vice President Title: Q Address: 1420 5t'Ave Suite 1700 Address: '7 A& 5 Seattle WA 98101 .......... � Date: 04/22/2020 Date: ('0 Telephone: 206.292.6070 Telephone: L J F,5(o 5 7 zo and By: Title: Address: Date: Telephone: 3 of 4 DocuSign Envelope ID:66F64081-D07F-44EF-A878-95CB20A9E270 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 Tota 1 85,755 1.96 A PORnOM OF THE NW 1^SEC.24.T.22 N.,R.4 E.,W.M. 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