HomeMy WebLinkAbout25-26 Porchlight Real Estate Group, LL. Approving Exlusive Right-to-Sell Listing Contract 12623 Canoe St 03-12-2025RESOLUTION NO. 25-26
A> RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING Al EXCLUSIVE RIGHT -TO -
SELL LISTING CONTRACT BETWEEN THE' `C 4'N OF FIRESTONE
AND PORCHLIGHT REAL ESTATE GROUP LLC FOR 12623 CANOE
STREET FIRESTONE COLORADO
WHEREAS, the Town of Firestone ("Town") is in need of professional brokerage
services to sell the property located at 12623 Canoe Street Firestone Colorado; and
WHEREAS, Porchl-ight Real Estate Group LLC has the skill and experience to provide
such services for the Town; and
WHEREAS, Staffrecommend approval of the Contract which is in the form approved by
the Colorado Real Estate Commission and includes the amendments as set forth in the
Addendum which is attached hereto and made a part of the Contract.
NOW, THEREFORE, BE ITRESOLVED BYJTIE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Exclusive Right to Sell Listing Contract between the Town of Firestone and
PorchLight Real Estate Group ILL including the Addendum is approved in substantially the
same form as attached hereto and made a part. ofthis Resolution.
INTRODUCED, READ AND ADOPTED this LZ day of March, 2025.
TOWN-9F FIRI KFOIf% COLORADO
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PorchLight Real Estate Group
Kristy Lee
P CJ Ph: 303-733-5335
k Fax: 303-736-7.523
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real
Estate Commission. (LC50-8-24) (Mandatory 8-24).
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 brokerage firms is not set by law and Is fully negotiable.
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER
AGENCY, OR TRANSACTION -BROKERAGE.
EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT
Date: 212412025
1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing
Contract) and agree to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage
services to Seller. Seller agrees to pay Brokerage Firm as set forth in this Seller Listing Contract.
2. BROKER AND BROKERAGE FIRM.
CM 2.1. Multiple -Person Firm. If this box is checked, Broker (as defined below) is the individual
designated by Brokerage Firm to serve as the broker of Seller and to perform the services for Seller required
by this Seller Listing Contract. If more than one individual is so designated, then references in this Seller
Listing Contract to Broker 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.
El 2.2. One -Person Firm. If this box is checked, Broker (as defined below) is a brokerage firm with only
one licensed person. References in this Seller Listing Contract to Broker or Brokerage Firm mean both the
licensed person and brokerage firm who serve as the Broker of Seller and perform the services for Seller
required by this Seller Listing Contract.
3. DEFINED TERMS.
3.1. Seller: Town of Firestone
3.2. Brokerage Firm: PorchUght Real Estate Group
3.3. Broker: Kdsty Lee
3.4. Property. The Property is the following legally described real estate in the County of _Wel_d_.
Colorado:
so LOT 13 BLOCK 5 BAREFOOT LAKES FG #2
known as No. 12623 Canoe Street Firestone, CO 80504
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant
'54 thereto, and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
55 0 3.5. Affordable Housing. If this box is checked, Seller represents, to the best of Seller's actual
56knowledge, the Property IS part of an affordable housing program. If this box is NOT checked, Seller
57 represents that Property Is NOT part of an affordable housing program.
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page I of 12
3.6. Sale; Lease.
3.6.1. A "Sale" of the Property is the voluntary transfer or exchange of any interest in the
Property or the voluntary creation of the obligation to convey any interest in the Property, including a contract
or lease, It also includes an agreement to transfer any ownership interest in an entity which owns the
Property.
El 3.6.2. If this box is checked, Seller authorizes Broker to negotiate a lease of the Property. "Lease of
the Property" or "Lease" means any agreement between the Seller and a tenant to create a tenancy or
66, leasehold interest in the Property.
3.7. Listing Period. The Listing Period of this Seller Listing Contract begins on 311212025, and
continues through the earlier of (1) completion of the Sale or, if applicable, Lease of the Property or (2)
1213112025. and any written extensions (Listing Period). Broker must continue to assist in the completion of
any Sale or Lease of the Property for which compensation is due and payable to Brokerage Firm under § 7 of
yy this Seller Listing Contract.
731 3.8. Applicability of Terms. A check or similar mark in a box means that such provision is applicable.
74. The abbreviation "NIA" or the word "Deleted" means not applicable. The abbreviation "MEC" (mutual
Tk execution of this contract) means the date upon which both parties have signed this Seller Listing Contract.
3.9. Day; Computation of Period of Days, Deadline.
3.9.1. Day. As used In this Seller Listing Contract, the term "day" means the entire day ending at
11:59 p.m., United States Mountain Time (Standard or Daylight Savings as applicable).
3.9.2. Computation of Period of Days, Deadline. In computing a period of days, when the
ending date is not specified (e.g., three days after MEC), the first day is excluded and the last day is
s included. If any deadline falls on a Saturday, Sunday, or federal or Colorado state holiday (Holiday), such
93,, deadline 11 Will IN Will Not be extended to the next day that is not a Saturday, Sunday, or Holiday. Should
& neither box be checked, the deadline will not be extended.
4. BROKERAGE RELATIONSHIP.
4.1. If the Seller Agency box at the top of page 1 is checked, Broker represents Seller as Seller's
limited agent (Settees Agent). If the Transaction -Brokerage box at the top of page 1 Is checked, Broker acts
as a Transaction -Broker.
91 4.2. In -Company Transaction — Different Brokers. When Seller and buyer in a transaction are
9-7 working with different brokers within the Brokerage Firm, those brokers continue to conduct themselves
4� consistent with the brokerage relationships they have established. Seller acknowledges that Brokerage Firm
j4 Is allowed to offer and pay compensation to brokers within Brokerage Firm working with a buyer.
95- 4.3. In -Company Transaction — One Broker. If Seller and buyer are both working with the same
Broker, Broker must function as:
97
98 4.3.1. Seller's Agent. If the Seller Agency box at the top of page I is checked, the parties agree
99 the following applies:
Mott 4.3.1.1. Seller Agency Unless Brokerage Relationship with Both. Broker represents
tut Seller as Seller's Agent and must treat the buyer as a customer. A customer is a party to a transaction with
61 whom Broker has no brokerage relationship. Broker must disclose to such customer the Broker's relationship
II)s with Seller. However, if Broker delivers to Seller a written Change of Status that Broker has a brokerage
194- relationship with the buyer then Broker is working with both Seller and buyer as a Transaction Broker. If the
0S.- box in § 4.3.1.2. (Seller Agency Only) is checked, § 4.3.1.2. (Seller Agency Only) applies instead.
El 4.3.1.2. Seller Agency Only. If this box Is checked, Broker represents Seller as Seller's Agent
and must treat the buyer as a customer.
169 4.3.2. Transaction -Broker. If the Transaction -Brokerage box at the top of page 1 is checked, or
*110 in the event neither box is checked, Broker must work with Seller as a Transaction -Broker. A Transaction-
't'11 Broker must perform the duties described in § 5 and facilitate sales transactions without being an advocate or
It agent for either party. If Seller and buyer are working with the same Broker, Broker must continue to function
11A as a Transaction -Broker.
114
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 2 of 12
I 11b
if7, 5. BROKERAGE DUTIES. Broker, on behalf of Brokerage Firm as either a Transacfion-Broker or a Sellers
Agent, must perform the following "Uniform Duties" when working with Seller:
5.1 Broker must exercise reasonable skill and care for Seller, including, but not limited to the following:
5.1.1. Performing the terms of any written or oral agreement with Seller;
12, 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the
Property is subject to a contract for Sale;
5.1.3. Disclosing to Seller adverse material facts actually known by Broker;
5.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice as to
,125
material matters about which Broker knows but the specifics of which are beyond the expertise of Broker;
5.1.5. Accounting in a timely manner for all money and property received; and
5.1-6. Keeping Seller fully informed regarding the transaction.
5.2. Broker must not disclose the following information without the informed consent of Seller:
130
-I�s
5.2.1. That Seller is willing to accept less than the asking price for the Property;
71
5.2.2. What the motivating factors are for Seller to sell the Property;
13 5.2.3. That Seller will agree to financing terms other than those offered;
I'St
5.2.4. Any material information about Seller unless disclosure is required by law or failure to
13 disclose such information would constitute fraud or dishonest dealing; or
5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or
-3� stigmatize the Property.
1-�-
laa 5.3. Seller consents to Broker's disclosure of Sellers confidential information to the supervising broker
1,4o or designee for the purpose of proper supervision, provided such supervising broker or designee does not
141 further disclose such information without consent of Seller, or use such information to the detriment of Seller.
142, 5.4. Brokerage Firm may have agreements with other sellers to market and sell their properties.
1,43* Broker may show alternative properties not owned by Seller to other prospective buyers and list competing
144 properties for sale.
IAS 5.5. Broker is not obligated to seek additional offers to purchase the Property while the Property is
14�
1.4-f subject to a contract for Sale.
14& 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a
1491 buyer and has no duty to independently verify the accuracy or completeness of statements made by Seller or
ISO independent inspectors. Broker has no duty to conduct an independent investigation of a buyer's financial
151 condition or to verify the accuracy or completeness of any statement made by a buyer.
152, 5.7. Seller understands that Seller is not liable for Broker's acts or omissions that have not been
153 approved, directed, or ratified by Seller.
i-94- 5.8. When asked, Broker 0 Will El Will Not disclose to prospective buyers and cooperating brokers
the existence of offers on the Property and whether the offers were obtained by Broker, a broker within
7 Brokerage Firm, or by another broker. If Broker wishes to disclose the terms of any offer, Broker must first
Fs. obtain the Seller's written consent.
6. ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of page I is checked,
Broker is Seller's Agent, with the following additional duties:
;I 16126 : . 6.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity;
-164 6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and
1651 6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by
les Broker.
16T,
168 7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO BUYER BROKERAGE FIRM. Seller
agrees that any Brokerage Firm compensation that is conditioned upon the Sale of the Property will be
170 earned by Brokerage Firm as set forth herein without any discount or allowance for any efforts made by
III Seller or by any other person in connection with the Sale of the Property.
,172.
173 7.1. Amount. In consideration of the services to be performed by Broker, Seller agrees to pay
174
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 3 of 12
17,5 Brokerage Firm as follows:
7.1.1. Sale Compensation. (1).§ % of the gross purchase price or (2) n1a, in U.S. dollars.
-477 7.11A.I. If buyer's brokerage firm: (I) procures a buyer; and (ji) the transaction results in a
'7a* closing of the Sale of the Property to such buyer, Seller's Brokerage Firm may enter into a compensation
179; agreement with buyer's brokerage firm to contribute from the Sale Compensation an amount of 2.8% of the
180 gross purchase mice or $n1a, in U.S. dollars to buyer's brokerage firm.
7.1.1.2. If Seller agrees to pay the buyers brokerage finn pursuant to the contract between
I buyer and Seller, Seller's compensation to Seller's Brokerage Firm will be reduced by that amount not to
184 exceed the buyer's brokerage firm compensation set forth in §7. 1. 1. 1.
1857.1.2. Lease Compensation. If the box in § 3.6.2. is checked, Brokerage Firm will be paid a fee
188- equal to (1) n1a % of the gross rent under the lease, or (2) n1a , in U.S. dollars, payable as follows: n1a.
187 Brokerage Firm agrees to contribute from the Lease Compensation to tenant's brokerage firm an amount of
1 Ba n1a % of the gross rent or n1a, in U.S. dollars if: (i) tenant's brokerage firm procures the tenant; and (ii) the
169, — —
tenant enters into a lease with owner or owners agent for the Property.
7.1.3. Other Compensation.
192� n1a
193 7.2. When Earned. Such compensation is earned upon the occurrence of any of the following:
494 7.2.1. Any Sale of the Property within the Listing Period by Seller, by Broker or by any other
19S
-11 Se- person;
19T 7.2.2. Broker finding a buyer who is ready, willing and able to complete the Sale or Lease as
19E;, specified in this Seller Listing Contract; or
199 7.2.3. Any Sale (or Lease if § 3.6.2. is checked) of the Property within 30 calendar days after the
'20 0, Listing Period expires (Holdover Period) (1) to anyone with whom Broker negotiated and (2) whose name
201 was submitted, in writing, to Seller by Broker during the Listing Period (Submitted Prospect). However, Seller
12'21 0 Will El Will Not owe the compensation to Brokerage Firm under this § 7.2.3. if a compensation is earned
202034 by another licensed brokerage firm acting pursuant to an exclusive agreement entered into during the 205 Holdover Period and a Sale or Lease to a Submitted Prospect is consummated. If no box is checked in this §
.20r, 7.2.3., then Seller does not owe the compensation to Brokerage Firm.
'207 7.3. When Applicable and Payable. The compensation obligation applies to a Sale made during the
,209 Listing Period or any extension of such original or extended term. The compensation described in § 7.1.1. is
-209 payable at the time of the closing of the Sale, or, if there is no closing (due to the refusal or neglect of Seller)
219 then on the contracted date of closing, as contemplated by § 7.2.1. or § 7.2.3., or upon fulfillment of § 7.2.2.
,241 where the offer made by such buyer is not accepted by Seller.
'217
14
8. LIMITATION ON THIRD -PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set
-Z
215 forth in § 7, will accept compensation from any other person or entity in connection with the Property without
.21e the written consent of Seller. Additionally, neither Broker nor Brokerage Firm Is permitted to assess or receive
.2,17 mark-ups or other compensation for services performed by any third party or affiliated business entity unless
.,21z Seller signs a separate written consent for such services.
2,19 9. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICES (MLS) AND MARKETING. Seller
122D- has been advised by Broker of the advantages and disadvantages of various marketing methods, including
.22-1 advertising and the use of multiple listing services (MLS) and various methods of making the Property
_= accessible by other brokerage firms (e.g., using lock boxes, by -appointment -only showings, etc.) and whether
-223 some methods may limit the ability of another broker to show the Property. After having been so advised,
224 225 Seller has chosen the following:
-M, 9.1. MLS/Information Exchange.
227 9.1.1. The Property 0 Will 0 Will Not be submitted to one or more MLS and 0WiII
'229 n Will Not be submitted to one or more property information exchanges. If submitted, Seller authorizes
229 Broker to provide a copy of this Seller Listing Contract to the MLS or information exchange, if requested,
230 timely provide notice of any listing status change (e.g.: active, under contract, pending, sold) to such MLS
23'1 and information exchanges, and, upon transfer of deed from Seller to buyer, provide all required sales
-232
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 4 of 12
information to such MLS and information exchanges.
9.1.2. Seller authorizes the use of electronic and all other marketing methods except:
n1 a
,236,
9.1.3. Seiler further authorizes use of the data by MLS and property information exchanges, if
01
any.
9.1.4. The Property Address 0 Will El Will Not be displayed on the Internet.
9.1.5. The Property Listing 0 Will El Will Not be displayed on the Internet.
9.2. Property Access.
4 :23
9.2.1. Broker may access the Property by:
El Electronic Lock Box Manual Lock Box
.24'.
: i46. E] n1a
:247
Other instructions:
,,,249 n1a
5 0' 9.2.2. Other than Broker, Seller further authorizes the following persons to access the Property
using the method described in § 9.2.1.
02 Actively Licensed Real Estate Brokers 0 Licensed Appraisers
El Unlicensed Broker Assistants El Unlicensed Inspectors
Other: Porchitcht Field Services
25� 9.3. Broker Marketing.
9.3.1. The following specific marketing tasks will be performed by Broker.
25b Broker shall: Provide a professional sta-Whc a consultation, stage Property if vacant with
company owned materials and provide light cleaning of property. Prone* will -
280 'pro iprofessionally raghed and appraiser measured fo
r or creation of a detailed floor Plan.
Prepare a hi gh quality, detailed "ma-gazine quality" property brochure. Provide detailed
listing information through Metrolist Matrix multiple listing service. Syndicate listing
�64 information to Realtor. com and other real estate related intemet real estate information
,2�s, websites. Install Porchffight sign with brochure box to include "bookmark" brochures for
public information. With owner approval, make Property available for "ol2en houses"
Manage showings and provide feedback from showing agents.
ass 9.3.2. Seller authorizes videos and pictures of both the interior and exterior of the Property
269
270, , except:
n1a
277 9.4. Marketing Termination. Broker and Brokerage Firm may discontinue using any marketing
,213 materials if, in Brokerage Firm's sole discretion, Broker or Brokerage Firm receives a credible threat of
;'V4, litigation or a complaint regarding the use of such marketing material. Upon expiration of the Listing Period
and request from Seller, Broker will use reasonable efforts to remove information submitted to the MLS
and/or information exchanges. Seller understands that information submitted to either the MLS or information
,275 27T exchanges may be difficult, if not impossible, to remove from syndicators and the Internet and releases
7j -�i
Broker from any liability for Broker's inability to remove the information.
1280.
2e,l 10. SELLERS OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT.
282 10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale or
Lease of the Property only through Broker and to refer to Broker all communications received in any form
:24 from real estate brokers, prospective buyers, tenants, or any other source during the Listing Period of this
Seller Listing Contract.
286
10.2. Advertising. Seller agrees that any advertising of the Property by Seller (e.g., Internet, print,
287'
and signage) must first be approved by Broker.
89 10.3. No Existing Listing Agreement. Seller represents that Seller El Is 10 Is Not currently a party
296 to any listing agreement with any other broker to sell the Property. Seller further represents that Seller F❑1 Has
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 5 of 12
�4'*1 , J" Has Not received a list of "Submitted Prospects" pursuant to a previous listing agreement to sell the
Property with any other broker.
10.4. Ownership of Materials and Consent. Seller represents that all materials (including all
photographs, renderings, images, videos, or other creative items) supplied to Broker by or on behalf of Seller
,29s, are owned by Seller, except as Seller has disclosed in writing to Broker. Seller is authorized and grants to
z,291 Broker, Brokerage Firm, and any MLS (that Broker submits the Property to) a nonexclusive irrevocable,
1� royalty -free license to use such material for marketing of the Property, reporting as required as well as the
publishing, display, and reproduction of such material, compilation, and data. This license survives the
termination of this Seller Listing Contract. Unless agreed to otherwise, all materials provided by Broker
3.1 (photographs, renderings, images, videos, or other creative items) may not be used by Seller for any reason.
30, 10.5. Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act (Act)
generally applies if (1) the Property is residential, (2) Seller resides in the Property as Seller's principal
�504,
I, , rty as buyers personal
residence, (3) buyer's purpose in purchase of the Property is not to use the Prope
residence, and (4) the Property is in foreclosure or buyer has notice that any loan secured by the Property is
307 at least thirty (30) days delinquent or in default. If all requirements 1, 2, 3, and 4 are met and the Act
otherwise applies, then a contract between buyer and Seller for the sale of the Property that complies with
'50§� the provisions of the Act is required. If the transaction is a Short Sale transaction and a Short Sale
,- 0 Addendum is part of the Contract between Seller and buyer, the Act does not apply. It is recommended that
Seller consult with an attorney.
11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller:
314
315 11.1. Price. U.S. $ TBD
'16 11.2. Terms. 0 Cash 0 Conventional 0 FHA 0 VA El Other: n1a
'3f:T 11.3. Loan Discount Points.
'8"3- n1a
11.4. Buyer's Closing Costs (FHA/VA). Seller must pay closing costs and fees, not to exceed $
'320
321 0.0, that Buyer is not allowed by law to pay, for tax service and n1a.
`122, 11.5. 'Earnest Money. Minimum amount of earnest money deposit U.S. $ ZOOO in the form of Good
323 Funds
* 324, 11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated: 13 Cashier's Check at
Seller's expense; 0 Funds Electronically Transferred (Wire Transfer) to an account specified by Seller, at
A25
Sellers expense; or 0 Closing Company's Trust Account Check . Wire and other frauds occur in real
328, estate transactions. Any time Seller is supplying confidential information such as social security numbers or
bank account numbers, Seller should provide the information in person or in another secure manner.
330 11.7. FIRPTA. Pursuant to the Foreign Investment in Real Property Tax Act (FIRPTA), the Internal
261 Revenue Service (IRS) may require a substantial portion of Seller's proceeds be withheld after Closing when
`332- Seller is a foreign person. If the box in this Section is checked, Seller represents that Seller El IS a foreign
333, person for purposes of U.S. income taxation and authorizes Broker to disclose such status. If the box in this
Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. income
335 taxation.
36
A11.8. Colorado Withholding. If Seller is not exempt, the Colorado Department of Revenue may
'3t
-33F,, require a portion of the Seller's proceeds be withheld after Closing when Seller will not be a Colorado
-33s resident after Closing.
'34d
'341' 12. DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker
'3 4 zr pursuant to a proposed contract for the Sale of the Property. Brokerage Firm is authorized to deliver the
43 earnest money deposit to the closing agent, if any, at or before the closing of the contract for the Sale of the
34,4 Property.
'345
346 13. INCLUSIONS AND EXCLUSIONS.
343, 13.1. Inclusions. The Purchase Price includes the following items (Inclusions):
�uqt --
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 6 of 12
13.1.1. Inclusions — Attached. If attached to the Property on the date of this Seller Listing
ni Contract, the following items are included unless excluded under §132. (Exclusions): lighting, heating,
-352! plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable)
353 wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen
354- appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door
355 openers (including all remote controls). If checked, the following are owned by the Seller and included
356
([eased items should be listed under §13.1.6. (Leased Items)): 0 None El Solar Panels El Water Softeners
El Security Systems 1:1 Satellite Systems (including satellite dishes). If any additional items are attached to
the Property after the date of this Seller Listing Contract, such additional items are also included.
13.1.2. Inclusions — Not Attached. If on the Property, whether attached or not, on the date of
-%,I this Seller Listing Contract, the following items are included unless excluded under §13.2. (Exclusions): storm
,362i windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and
363r treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves,
34 storage sheds, carbon monoxide alarms, smoke/fire detectors, and all keys.
365 13.1.3. Other Inclusions. The following items, whether fixtures or personal property, are also
included in the Purchase Price:
To be determined once seller takes possession with transfer of deed
369,
13.1.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels)
370 must be conveyed at Closing by Seller free and clear of all taxes (except personal property and general real
3,71 estate taxes for the year of Closing), liens and encumbrances, except:
wm n1a
373 13.1.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of
374- sale or other applicable legal instrument.
37B 13.1.6. Leased Items.
376
377 13.1.6.1. The following [eased items are part of the transaction:
37.,-, n/a
379 13.1.6.2. Lease Documents. Seller agrees to supply to buyer, as will be set forth in the final
380 contract between Seller and buyer, the documents between Seller and Seller's lessor regarding the lease,
581 [eased item, cost, and other terms including requirements imposed upon a buyer if buyer is assuming the
3M. leases.
3 a?. 13.2. Exclusions. The following are excluded (Exclusions):
384, 95 All sta-ging furniture and decor.
3
low 13.3. Trade Fixtures. The following trade fixtures are included:
w n1a
3sa
389 The Trade Fixtures to be conveyed at closing must be conveyed by Seller, free and clear of all taxes
390 (except personal property taxes for the year of closing), liens and encumbrances, except n/a. Conveyance
3911 will be by bill of sale or other applicable legal instrument.
392-
,393 13.4. Parking and Storage Facilities. The use or ownership of the following parking facilities:
394 Attached garage; and the use or ownership of the following storage facilities:
,39s- n1a
395 13.5. Water RigbtsfWell Rights.
39T El 13.5.1. Deeded Water Rights. The following legally described water fights:
39SW n1a
399
401 0D Seller agrees to convey any deeded water rights by a good and sufficient n1a deed at Closing.
4
'402 El 13.5.2. Other Rights Relating to Water. The following rights relating to water not included in
403 13.5.1., 13.5.3., and 13.5.4.:
404 n1a
,40S 0 13.5.3. Well Rights. The Well Permit # is al —a.
4116 407 El 13.5.4. Water Stock Certificates. The water stock certificates are as follows:
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 7 of 12
--40 n1a
13.6. Growing Crops. The following growing crops:
n1a
41 14. TITLE AND ENCUMBRANCES.
-414 14.1. Seller Representation. Seller represents that title to the Property is solely in Seller's name.
14.2. Delivery of Documents. Seller must deliver to Broker true copies of all relevant title materials,
415. leases, improvement location certificates and surveys in Seller's possession and must disclose all
,41T easements, lions, and other encumbrances, if any, on the Property, of which Seller has knowledge.
441t
`41,§
-420: 14.3. Conveyance. In case of Sale, Seller agrees to convey the Property, by a good and sufficient:
421 0 special warranty deed E1 general warranty deed 11 bargain and sale deed EJ quit claim deed
4:, El personal representative's deed El n1a deed. If title will be conveyed using a special warranty deed or a
'42' general warranty deed, unless otherwise specified in § 28 (Additional Provisions) below, title will be conveyed
424. "subject to statutory exceptions" as defined in § 38-30-113, C.R.S. Sellers conveyance of the Property to a
. 1�-,
425' buyer will convey only that title Seller has in the Property.
42a 14.4. Monetary Encumbrances. Property must be conveyed free and clear of all taxes, except the
?T 4general taxes for the year of closing. All monetary encumbrances (such as mortgages, deeds of trust, liens,
4244
429 financing statements) must be paid by Seller and released except as Seller and buyer may otherwise agree.
430 Existing monetary encumbrances are as follows:
-43f n1a
,p2 If the Property has been or will be subject to any governmental liens for special improvements installed at the
43� time of signing a contract for the Sale of the Property, Seller is responsible for payment of same, unless
4d4;, otherwise agreed.
43-5;- 14.5. Tenancies. The Property will be conveyed subject to the following leases and tenancies for
436 possession of the Property:
AT n1a
'8
439
440 15. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Sellers expense unless the parties agree in
44-.1 writing to a different arrangement, a current commitment and an owner's title insurance policy in an amount
449, equal to the Purchase Price as specified in the contract for the Sale of the Property, or if this box is checked,
-445 El An Abstract of Title certified to a current date.
444
445- 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners' association
446 assessment is currently payable at approximately $�LQ per month and that there are no unpaid regular or
'447 '448 special assessments against the Property except the current regular assessments and except Wa. Seller
*9 agrees to promptly request the owners' association to deliver to buyer before date of closing a current
;4,56 statement of assessments against the Property.
451
4s2 17. POSSESSION. Possession of the Property will be delivered to buyer as follows: Upon successful
-45� delivery of deed and funding., subject to leases and tenancies as described in § 14.
455-
, 18. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
-456
45t 18.1. Broker's Obligations. Colorado law requires a broker to disclose to any prospective buyer all
45b adverse material facts actually known by such broker including but not limited to adverse material facts
459 pertaining to the title to the Property and the physical condition of the Property, any material defects in the
4P6 Property, and any environmental hazards affecting the Property which are required by law to be disclosed.
461 These types of disclosures may include such matters as structural defects, soil conditions, violations of
462 health, zoning or building laws, and nonconforming uses and zoning variances. Seller agrees that any buyer
,463( may have the Property and Inclusions inspected and authorizes Broker to disclose any facts actually known
4E4 by Broker about the Property.
-4615
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 8 of 12
Atz'
18.2. Seller's Obligations.
`46
:46T 18.2.1. Seller's Property Disclosure Form. Seller 0 Agrees 11 Does Not Agree to provide on
�,
or before the sale contracts respective deadline a Seller's Property Disclosure form completed to Seller's
.4 #q current, actual knowledge. Colorado law requires Seller to disclose certain facts regardless of whether Seller
4?i is providing a Sellers Property Disclosure form. Typically, the contract requires disclosure of adverse material
,4T2, facts actually known by Seller.
18.2.2. Lead -Based Paint. Unless exempt, if the improvements on the Property Include one or
more residential dwellings for which a building permit was issued prior to January 1, 1978, a completed
4jS Lead -Based Paint Disclosure (Sales) form must be signed by Seller and the real estate licensees, and given
4T6 .4�7, to any potential buyer in a timely manner.
478 18.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel -fired
heater or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping
-4:ao purposes (Bedroom), Seller understands that Colorado law requires that Seller assure the Propqrty has an
481 operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a
4 8 Z, location as required by the applicable building code, prior to offering the Property for sale or lease.
, i,
483 18.2.4. Condition of Property. The Property will be conveyed in the condition existing as of the
4s4 date of the contract for Sale or Lease of the Property, ordinary wear and tear excepted, unless Seller, at
ABS
4 Sellers sole option, agrees in writing to any repairs or other work to be performed by Seller.
486
48t 19. DEFAULT, - RIGHT TO CANCEL. If any obligation is not performed timely as provided in this Contract
or waived, the non -defaulting party has the following remedies:
468, 19.1. If Broker Is in Default. In the event the Broker fails to substantially perform under this Seller
491, Listing Contract, Seller has the right to cancel this Seller Listing Contract, including all rights of Brokerage
442 Finn to any compensation. Any rights of Seller to damages, if any, that accrued prior to cancellation will
403 survive such cancellation.
494- 19.2. If Seller is in Default. In the event the Seller fails to substantially perform under this Seller
49� Listing Contract to include Seller's or occupant's failure to reasonably cooperate with Broker, Brokerage Firm
9T
may cancel this Seller Listing Contract upon written notice to Seller. Any rights of Brokerage Firm that
4
498, accrued prior to cancellation will survive such cancellation, to include Brokerage Firm's damages, if any.
f
499 19.3. Additional Rights of Brokerage Firm to Cancel. Brokerage Firm may cancel this Seller Listing
500 Contract upon written notice to Seller that title is not satisfactory to Brokerage Firm. Although Broker has no
561 obligation to investigate or inspect the Property and no duty to verify statements made, Brokerage Firm has
5021' the eight to cancel this Seller Listing Contract if any of the following are unsatisfactory: (1) the physical
condition of the Property or Inclusions, (2) any proposed or existing transportation project, road, street or
Bq4 highway, (3) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect
ps on the Property or its occupants, or (4) any facts or suspicions regarding circumstances that could
psychologically impact or stigmatize the Property. In the event Brokerage Firm exercises its right to cancel
under this provision, Brokerage Firm waives all rights to pursue damages.
20. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums
sii received will be: (1) 0 paid to Seller in its entirety; (2) 0 divided between Brokerage Firm and Seller,
'512,
E - one-half to Brokerage Firm but not to exceed the Brokerage Firm compensation agreed upon herein, and the
.543- balance to Seller; (3) El Other: n1a If no box is checked in this Section, choice (1), paid to Seller in its
entirety, applies. Any forfeiture of payment under this Section will not reduce any Brokerage Firm
compensation owed, earned and payable under § 7.
t516
5,17 is 21. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage
-B
'Big Firm must bear all expenses incurred by Brokerage Firm, if any, to market the Property and to compensate
,,2o buyers brokerage firms, if any. Neither Broker nor Brokerage Firm will obtain or order any other products or
§21 services unless Seller agrees in writing to pay for them promptly when due (e.g., surveys, radon tests, soil
527_ tests, title reports, engineering studies, property inspections). Unless otherwise agreed, neither Broker nor
-523, Brokerage Firm is obligated to advance funds for Seller. Seller must reimburse Brokerage Firm for payments
15 5?A
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 9 of 12
_5 made by Brokerage Firm for such products or services authorized by Seller.
$-nl
5527 22. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of
'5*29 service vary between different settlement service providers (e.g., attorneys, lenders, inspectors, and title
-5-29, companies).
!.r-3(Y
-531 23. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm is responsible for
1
IZ33 maintenance of the Property nor are they liable for damage of any kind occurring to the Property, unless such
,534 damage is caused by their negligence or intentional misconduct.
.53a 24. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective
-53T buyers because of their inclusion in a "protected class" as defined by federal, state, or local law. "Protected
classes" include, but are not limited to, race, creed, color, sex, sexual orientation, gender identity, marital
-539 status, familial status, physical or mental disability, handicap, religion, military status, hair styleltexture,
540 national origin, or ancestry of such person. Seller authorizes Broker to withhold any supplemental information
541 about the prospective buyer if such information would disclose a buyer's protected class(es). However, any
542 financial, employment or credit worthiness information about the buyer received by Broker will be submitted
-545
-54A to Seller. Seller understands and agrees that the Broker may not violate federal, state, or local fair housing
sus,
laws.
1:49.
ZA7 25. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller
549 acknowledges that Broker has advised that this document has important legal consequences and has
,549 recommended consultation with legal and tax or other counsel before signing this Seller Listing Contract.
r5o,
r 51
5.26. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is
55 not resolved, the parties must first proceed in good faith to submit the matter to mediation. Mediation is a
54 process in which the parties meet with an Impartial person who helps to resolve the dispute informally and
,55, confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree, in writing,
566, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally
CsT in the cost of such mediation. The mediation, unless otherwise agreed, will terminate in the event the entire
;155a. dispute is not resolved within 30 calendar days of the date written notice requesting mediation is delivered by
559 one party to the other at the other party's last known address.
5spi
27. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Contract, the
.562 arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney
WZ63 and legal fees.
-11
565
-W5, 28. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the
s67 Colorado Real Estate Commission.)
5s6 1. Exclusive MOW To Sell Listing Agreement is contingent upon a successful closing an
-M9 transfer of deed between Roohallah Mobarez and the Town of Firestone.
,5570
*571 2. As part of the PorcUtght Marketing services, Seller authorizes certain professionals such
572
as a stager cieaners, photographer and measurer to enter the 12rol2erty with an appointment
-574 via lockbox, but without being accompanied by the listing broker. Seller understands and
57S acknowledges that Porchlight will send Seller a calendar for services. Seller understands
-57s that if they cancel or reschedule any service with less than 24 business hours Ll fulf
577 business day) notice, prior to the scheduled service time for any reason, Seller will be
579 changed a rescheduling fee of $150 for each service rendered incomplete. Seller
579 acknowleL:Iges. that from time to time nail holes and other minimal marks may be left in the
.5c8a house due to moving furniture and staging the property,property,the Seller agrees not to hold
811
,82 r PorchUght liable for such minimal damages.
LC50-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page 10 of 12
I
3. In the event Seller terminates the Listing Agreement prior to the listing expiration. Seller
agrees to pay PorchUght Real Estate Group for the Ustina Services rendered for the
transactldn. in this event, a bill will be presented totheSeller within seven (7) business dan,
and payment will be due upon receipt.
4. In the event that the listing a agreement is canceled, withdrawn from the MLS, or the listing
agreement expires then Seller agrees to provide access to the Property for 5 business days
-92 after such event to allow for the removal of any sta-ginm accessories or sLqnage that has
been provided bV Porchlight.
'p4-
wT 5. Both seller and broker agree that the market date shall be the date that the property is into the MLS system as active. Seller and broker may also decide to utilize the
s9a "corning soon" period (up to 7 days prior to active date) and understand this is for digital
,k9 9 marketing to begin but showings cannot occur until the MLS active date.
29. ATTACHMENTS. The following are a part of this Seller Listing Contract:
602 03 square footage disclosure, sellers property, definitions of working relationships, lead based
6
'# . 04_ paint source of -waterclosing instructions, wire fraud disclosure
sad 30. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract is
607 deemed to inure to the benefit of any person other than Seller, Broker, and Brokerage Firm.
sas
31. NOTICE, DELIVERY AND CHOICE OF LAW.
611 31.1. Physical Delivery and Notice. Any document or notice to Brokerage Firm or Seller must be in
'
writing, except as provided in § 31.2. and is effective when physically received by such party, or any
individual named in this Seller Listing Contract to receive documents or notices for such party.
&14 31.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in
electronic form to Brokerage Firm or Seller, or any individual named in this Seller Listing Contract to receive
616 documents or notices for such party, at the electronic address of the recipient by facsimile, email or CtMe-
.617 31.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email
axt at the email address of the recipient, (2) a link or access to a website or server provided the recipient
0
receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax
62
No.) of the recipient.
31.4. Choice of Law. This Seller Listing Contract and all disputes arising hereunder are governed by
623 and construed in accordance with the laws of the state of Colorado that would be applicable to Colorado
i:24: residents who sign a contract in Colorado for real property located in Colorado.
ems,
32. MODIFICATION OF THIS SELLER LISTING CONTRACT. No subsequent modification of any of the
terms of this Seller Listing Contract is valid, binding upon the parties, or enforceable unless made in writing
and signed by the parties.
33. COUNTERPARTS. This Seller Listing Contract may be executed by each of the parties, separately,
and when so executed by all the parties, such copies taken together are deemed to be a full and complete
ice: contract between the parties.
634
635 34. 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 Seller Listing Contract.
63�
t3b * 35. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by
Broker, including all attachments.
Lg;-8-24. EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT Page I I of 12
Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm
Seller:
late: L 4--Za..5
S iow of Fire
1 iyac, Mayor
Brokerage Firm:
Date: 212412025
Broker's Name: Kristy Lee
Brokerage Firm's Nme. PorchLight Real Estate Group
a
Brokerage Firm Address: 2500 Arapahoe Ave, Suite 210 Boulder, CO 80302
Broker Phone No.: 303-733-5335 Broker Fax No., 303-7ifs- 7523
Broker Email Address: kristylee.ffh@,porchlightgroup.com
LC0-8-24 EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT
CTNI eCowitra.,4', t,,; - 1- 202 PIR 11 Softv.are L LC - AI Rtg I a:s
I-050-8-24, EXCLUSIVE RIGHT - ro-SELI, LISTING CONTRACT Page 12 of 12
ADDENDUM
AMENDMENT OF EXCLUSIVE RIGHT -TO -SELL LISTING CONTRACT
BETWEEN THE TOWN OF FIRESTONE AND PORCHLIGHT REAL
ESTATE GROUP LLC
WHEREAS, the Town of Firestone {"Town") and PorchLight Real Estate Group LLC
desire to enter into an Exclusive Right -To -Sell Listing Contract ("Contract"); and
WHEREAS, in accordance with Section 32 of the Contract, the parties may amend the
Contract by a writing signed by the parties; and
WHEREAS the Town desires to amend the Contract to include certain terms and
conditions set forth in the Town's standard contract form.
1F."My I Q 1615 1:11LI I Ry ON, V: Its NANG N ca of, in, DIM 11 on any IZECININ,
1100-114 1 09, 1 69, 10 49 0 1 D
1) Governmental. Inimunity. The Town and its officers, officials and employees are
relying upon and do not waive by any provision of the Contract the monetary
limitations and other rights, immunities and protections provided them pursuant to
the Colorado Governmental Immunity Act C.R.S. 24-10-10let seq. as may be
amended.
2) Annual Appropriation. In accordance with Article X Sec. 20 of the Colorado
Constitution any financial obligation of the Town not performed in the current fiscal
year is subject to annual appropriation by the Town's Board of Trustees.
3) Severability. If any term, covenant or condition of this Contract is deemed by a court
of competent jurisdiction to be invalid, void or unenforceable the remining
provisions of this Contract shall be binding upon the parties.
4) No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Contract by the parties shall not constitute a waiver of any other
terms and conditions of this Contract.
5) Assignment. Neither the Contract nor any rights or obligations of the parties shall be
assigned by either party absent the written consent of the other.
6) Force Majeure. Neither party shall be in breach of this Contract if such party's failure
to perform any obligation set forth in the Contract is due to a force majeure event
which includes, for example acts of god, floods, storms, fires, terrorist attacks,
strikes, riots, labor disputes, epidemics or pandemics.
7) Venue. In accordance with See. 31.4 of the Contract venue for any legal action shall
be the District Court of Weld County, Colorado.
TOWN CIS FIRES' A PORCHLIGHT
PO TGHT REAL ESTATE
E
GROUP, L tC".
ri ty Tree, Broker
ke
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E-osTUla,C TC, ICLi r
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t