TRIPE-ET RETAI ICE IVESTET IN CAMAS, WA€¦ · (8) Licensee means a real estate broker, associate real estate broker, or real estate salesperson, as those terms are defined in chapter

T R I P L E - N E T R E T A I L / O F F I C E I N V E S T M E N T I N C A M A S , W A1 9 0 5 S E 1 9 2 n d A v e , C A M A S W A 9 8 6 0 7

N N N I N V E S T M E N T P R O P E R T Y I N C A M A S9 0 % - O C C U P I E D B U I L D I N G - 2 0 1 2 C O N S T R U C T I O N - G R E A T T E N A N T M I X

Licensed in OR & WA

2839 SW 2nd Avenue, Portland OR, 972015 0 3 . 2 2 2 . 1 6 5 5 - w w w . R E I G . c o m

08.22.2018

GEORGE N. DIAMOND5 0 3 . 2 2 2 . 2 1 7 8 ( o f f i c e )5 0 3 . 7 8 1 . 4 7 6 4 ( c e l l )g d i a m o n d @ r e i g . c o m

NICHOLAS G. DIAMOND5 0 3 . 2 2 2 . 2 6 5 5 ( o f f i c e )5 0 3 . 8 8 7 . 8 3 4 4 ( c e l l )n d i a m o n d @ r e i g . c o m

F O R S A L EP L E A S E

C O N T A C T F O R D E T A I L S :

D O W N T O W N P O R T L A N D~ T W O M I L E S

S T A T I O N S O U T H R E T A I L B U I L D I N G

GreatLocat ion

PAGE 2The information contained herein has been obtained from sources we deem reliable. We cannot, however, guarantee its accuracy.The information contained herein has been obtained from sources we deem reliable. We cannot, however, guarantee its accuracy.The information contained herein has been obtained from sources we deem reliable. We cannot, however, guarantee its accuracy.

T R O P H Y N N N I N V E S T M E N T O P P O R T U N I T Y

REAL ESTATE INVESTMENT GROUP is pleased to offer for sale 192nd Station South, a new retail/office development along the retail populated 192nd Avenue. A triple-net property in Camas, WA, the 192nd Station South is centrally located along the Camas/Vancouver border, an affluent and dense community that continues to grow with the addition of Columbia Palisades and Green Mountain master development plans. 192nd Station South is surrounded by many major employers such as Fisher Investments, Karcher, SharpElectronics, Hewlett-Packard, Furuno USA,

Banfield, and Columbia Tech Center.Built as a legacy asset with attention to detail, the 192nd has had a strong lease-up and is currently 90% leased with a great mix of 6 to 10-year lease terms from national and local operators. The property is anchored by the brand-new Holiday Inn Express Blue Hotel, opening spring 2018.

The site will also be anchored by the Legacy Health Clinic and is set to open next fall.The building’s location at the signalized major intersection of SE 192nd Ave & SE 20th Street offers ideal visibility and access for vehicles and pedestrians. Planned and existing retail centers such as 192nd Plaza East and 192nd Plaza West make the area a dynamic and rich retail

destination for the greater Camas / Vancouver area, anchored by Candlewood Suites, Legacy Health and Holiday Inn.

Property Features


S A L E P R I C E : $ 1 1 , 5 7 0 , 0 0 0

OCCUPANCY: 90%

LEASE TERMS: MIX OF 6 TO 10 YEAR TERMS

B U I L D I N G S I Z E : 2 5 , 1 9 3 S F

PROFORMA CAP RATE: 6.25%

PROFORMA NOI: $723,153

TOTAL OPERATING EXPENSES: $7.56/SF

ANCHOR: HOLIDAY INN EXPRESS

PARKING PROVIDED: 73 SPACES - total 260 (shared)

CONSTRUCTION: 2012

C A L L G E O R G E D I A M O N D ( 5 0 3 . 2 2 2 . 2 1 7 8 ) O R N I C H O L A S D I A M O N D ( 5 0 3 . 2 2 2 . 2 6 5 5 )

TENANTS: Twilight Pizza Bistro, Broadway Cigar Co., Panache Day Spa, Zero Subs, Chi-ropractic Care Center & Massage T herapy, Tropical Smoothie Cafe, Bedont Orthodon-tics, Real Living Real Estate, Peak Motion Physical T herapy, NW Capital Mortgage

V I S I T W E B P A G E t o s i g n d i g i t a l

N D A & V I E W F U L L P A C K A G E

Green Button - “Register for Due Dil igence”

http://www.reig.com/Properties/ViewSpace.aspx?PropertyID=7980

PAGE 3The information contained herein has been obtained from sources we deem reliable. We cannot, however, guarantee its accuracy.

1 9 2 n d P L A Z A E A S TE X I S T I N G R E TA I L & O F F I C E

1 9 2 n d P L A Z A W E S T

C L A R k C O L L E G E

C O L U M B I AT E C H C E N T E R

S I T E A E R I A L V I E W

Site

S E 1 9 2 n d av e

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MIL

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Easy access via SE 192nd Ave to Lacamas Crossing shopping center as well as by the newly-expanded SE 20th Street make the building’s location ideally suited. The merging of Mill Plain Blvd into SE 192nd brings large amounts of traffic to the trade area. Proximity to major retail as well as major employer campuses such as Fisher Invest-ments bolster the area’s continued economic relevancy and growth.

S H A H A L AM I D D L E S C H O O L


L A C A M A S C E N T E RF U T U R E D E V E L O P M E N T

V I S I T W E B P A G E t o s i g n d i g i t a l N D A & V I E W F U L L P A C K A G E Green Button - “Register for Due Dil igence”



S I T E P H O T O G R A P H Y

V I E W F R O M S H O P P I N G C E N T E R P A R K I N G - H O L I D A Y I N N D E V E L O P M E N T O N R I G H T





R E G I O N A L A E R I A L - V A N C O U V E R H I G H L I G H T S

L A C A M A S C R O S S I N G

C O L U M B I A S Q U A R E

F I S H E R ’ S L A N D I N G

M I L L P L A I N P L A Z A

VA N C O U V E R M A L L

O R C H A R D S M A R K E T C T R .

1 9 2 N D S TA T I O N S O U T H

SE 192nd Avenue is conveniently located between Vancouver’s East side and downtown Camas, and just over the I-205 bridge from Portland. An abundance of new development in the Vancouver area positions the region as one of the fastest-growing in Southern Washington.

F I S H E R I N V E S T M E N T S

S H A R P - F U R U N O U S A - K A R C H E R

B A N F I E L D V E T H Q

N A U T I L U S I N C .

WA F E R T E C H

COLUMBIA CROSSING

S E H A M E R I C A

H E W L E T T- PA C K A R D

C O L U M B I A T E C h C T R .

I N T E G R A

L A M R E S E A R C H C O R P.

P E A C E H E A LT H S W M E D C T R .

WA S TA T E D S H S

K P C A S C A D E PA R K

C L A R K P U B L I C U T I L I T I E SVA N C O U V E R P U B L I C S C H O O L S

M A J O R E M P L OY E R

M A J O R R E TA I L C E N T E R



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The following is only a brief summary of the attached law.

SEC. 1. Definitions. Defines the specific terms used in the law.SEC. 2. Relationships between Licensees and the Public. States that a licensee who works with a

buyer or tenant represents that buyer or tenant — unless the licensee is the listing agent, a seller’ssubagent, a dual agent, the seller personally or the parties agree otherwise. Also states that in atransaction involving two different licensees affiliated with the same broker, the broker is a dualagent and each licensee solely represents his or her client — unless the parties agree in writingthat both licensees are dual agents.

SEC. 3. Duties of a Licensee Generally. Prescribes the duties that are owed by all licensees, regardlessof who the licensee represents. Requires disclosure of the licensee’s agency relationship in aspecific transaction.

SEC. 4. Duties of a Seller’s Agent. Prescribes the additional duties of a licensee representing the selleror landlord only.

SEC. 5. Duties of a Buyer’s Agent. Prescribes the additional duties of a licensee representing thebuyer or tenant only.

SEC. 6. Duties of a Dual Agent. Prescribes the additional duties of a licensee representing both partiesin the same transaction, and requires the written consent of both parties to the licensee acting as adual agent.

SEC. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends.Provides that the duties of accounting and confidentiality continue after the termination of anagency relationship.

SEC. 8. Compensation. Allows brokers to share compensation with cooperating brokers. States thatpayment of compensation does not necessarily establish an agency relationship. Allows brokersto receive compensation from more than one party in a transaction with the parties’ consent.

SEC. 9. Vicarious Liability. Eliminates the common law liability of a party for the conduct of theparty’s agent or subagent, unless the agent or subagent is insolvent. Also limits the liability of abroker for the conduct of a subagent associated with a different broker.

SEC. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledgeof an agent constitutes notice to or knowledge of the principal.

SEC. 11. Interpretation. This law replaces the fiduciary duties owed by an agent to a principal under thecommon law, to the extent that it conflicts with the common law.

SEC. 12. Short Sale. Prescribes an additional duty of a licensee representing the seller of owner-occupiedreal property in a short sale.

Oregon Realty Co. 8552 SW Apple Way Portland, OR 97216503-789-8113 Sharon Binder Untitled

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com

SECTION 1:

Unless the context clearly requires otherwise, thedefinitions in this section apply throughout thischapter.

DEFINITIONS.

(1) “Agency relationship” means the agencyrelationship created under this chapter or by writtenagreement between a licensee and a buyer and/orseller relating to the performance of real estatebrokerage services by the licensee.

(2) “Agent” means a licensee who has entered intoan agency relationship with a buyer or seller.

(3) “Business opportunity” means and includes abusiness, business opportunity, and goodwill of

(4) “Buyer” means an actual or prospectivepurchaser in a real estate transaction, or an actual orprospective tenant in a real estate rental or leasetransaction, as applicable.

(5) “Buyer’s agent” means a licensee who hasentered into an agency relationship with only thebuyer in a real estate transaction, and includessub-agents engaged by a buyer’s agent.

(6) “Confidential information” means informationfrom or concerning a principal of a licensee that:

(a) Was acquired by the licensee during thecourse of an agency relationship with theprincipal;

(b) The principal reasonably expects to be keptconfidential;

(c) The principal has not disclosed or authorizedto be disclosed to third parties;

(d) Would, if disclosed, operate to the detrimentof the principal; and

(e) The principal personally would not beobligated to disclose to the other party.

an existing business, or any one or combinationthereof.

(7) “Dual agent” means a licensee who has enteredinto an agency relationship with both the buyer andseller in the same transaction.

(8) “Licensee” means a real estate broker, associatereal estate broker, or real estate salesperson, asthose terms are defined in chapter 18.85 RCW.

(9) “Material fact” means information thatsubstantially adversely affects the value of theproperty or a party’s ability to perform its obligationsin a real estate transaction, or operates to materiallyimpair or defeat the purpose of the transaction.The fact or suspicion that the property, or anyneighboring property, is or was the site of a murder,suicide or other death, rape or other sex crime,assault or other violent crime, robbery or burglary,illegal drug activity, gang-related activity, politicalor religious activity, or other act, occurrence, or usenot adversely affecting the physical condition of ortitle to the property is not a material fact.

(10) “Owner-occupied real property” means realproperty consisting solely of a single-familyresidence, a residential condominium unit, or aresidential cooperative unit that is the principalresidence of the borrower.

(11) “Principal” means a buyer or a seller who hasentered into an agency relationship with a licensee.

(12) “Real estate brokerage services” means therendering of services for which a real estate licenseis required under chapter 18.85 RCW.

(13) “Real estate transaction” or “transaction” meansan actual or prospective transaction involving apurchase, sale, option, or exchange of any interest inreal property or a business opportunity, or a lease orrental of real property. For purposes of this chapter, aprospective transaction does not exist until a writtenoffer has been signed by at least one of the parties.

(14) “Seller” means an actual or prospective seller ina real estate transaction, or an actual or prospectivelandlord in a real estate rental or lease transaction,as applicable.

(15) “Seller’s agent” means a licensee who hasentered into an agency relationship with only the

PAGE 2

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W A S H I N G T O N R E A L E S T A T E D I S C L O S U R E



SECTION 2:RELATIONSHIPS BETWEEN LICENSEES

in one transaction and at the same time notrepresenting that party in a different transactioninvolving that party, if the licensee complies withthis chapter in establishing the relationships foreach transaction.

(1) Regardless of whether the licensee is an agent,a licensee owes to all parties to whom the licensee

to an existing contract to purchase;

PAGE 3

seller in a real estate transaction, and includessubagents engaged by a seller’s agent.

AND THE PUBLIC.

(1) A licensee who performs real estate brokerageservices for a buyer is a buyer’s agent unless the:

(a) Licensee has entered into a written agencyagreement with the seller, in which case thelicensee is a seller’s agent;

(b) Licensee has entered into a subagencyagreement with the seller’s agent, in which casethe licensee is a seller’s agent;

(c) Licensee has entered into a written agencyagreement with both parties, in which case thelicensee is a dual agent;

(d) Licensee is the seller or one of the sellers; or

(e) Parties agree otherwise in writing after thelicensee has complied with section 3(1)(f) ofthis act.

(2) In a transaction in which different licenseesaffiliated with the same broker represent differentparties, the broker is a dual agent, and must obtainthe written consent of both parties as requiredunder section 6 of this act. In such a case, eachlicensee shall solely represent the party with whomthe licensee has an agency relationship, unless allparties agree in writing that both licensees are dualagents.

(3) A licensee may work with a party in separatetransactions pursuant to different relationships,including, but not limited to, representing a party

(16) “Subagent” means a licensee who is engagedto act on behalf of a principal by the principal’sagent where the principal has authorized the agentin writing to appoint subagents.

SECTION 3:DUTIES OF A LICENSEE GENERALLY.

renders real estate brokerage services the followingduties, which may not be waived:

(a) To exercise reasonable skill and care;

(b) To deal honestly and in good faith;

(c) To present all written offers, written noticesand other written communications to and fromeither party in a timely manner, regardless ofwhether the property is subject to an existingcontract for sale or the buyer is already a party

(d) To disclose all existing material facts knownby the licensee and not apparent or readilyascertainable to a party; provided that thissubsection shall not be construed to imply anyduty to investigate matters that the licensee hasnot agreed to investigate;

(e) To account in a timely manner for all moneyand property received from or on behalf ofeither party;

(f) To provide a pamphlet on the law of realestate agency in the form prescribed in section13 of this act to all parties to whom the licenseerenders real estate brokerage services, beforethe party signs an agency agreement withthe licensee, signs an offer in a real estatetransaction handled by the licensee, consents todual agency, or waives any rights, under section2(1)(e), 4(1)(e), 5(1)(e), or 6(2)(e) or (f) of this

Untitled Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com

(1) Unless additional duties are agreed to in writing

PAGE 4

(2) Unless otherwise agreed, a licensee owesno duty to conduct an independent inspection

signed by a seller’s agent, the duties of a seller’sagent are limited to those set forth in section 3 of

SECTION 5:DUTIES OF A BUYER'S AGENT.

duty of loyalty to the sellers or create a conflictof interest.

act, whichever occurs earliest; and

(g) To disclose in writing to all parties to whomthe licensee renders real estate brokerageservices, before the party signs an offer in a realestate transaction handled by the licensee,whether the licensee represents the buyer, theseller, both parties, or neither party. Thedisclosure shall be set forth in a separateparagraph entitled “Agency Disclosure” in theagreement between the buyer and seller or in aseparate writing entitled “Agency Disclosure.”

of the property or to conduct an independentinvestigation of either party’s financial condition,and owes no duty to independently verify theaccuracy or completeness of any statement madeby either party or by any source reasonably believedby the licensee to be reliable.

SECTION 4:DUTIES OF A SELLER’S AGENT.(1) Unless additional duties are agreed to in writing

this act and the following, which may not be waivedexcept as expressly set forth in (e) of this subsection:

(a) To be loyal to the seller by taking no actionthat is adverse or detrimental to the seller’sinterest in a transaction;

(b) To timely disclose to the seller any conflictsof interest;

(c) To advise the seller to seek expert adviceon matters relating to the transaction that arebeyond the agent’s expertise;

(d) Not to disclose any confidential information from or about the seller, except under subpoena

or court order, even after termination of theagency relationship; and

(e) Unless otherwise agreed to in writing afterthe seller’s agent has complied with section3(1)(f) of this act, to make a good faith andcontinuous effort to find a buyer for theproperty; except that a seller’s agent is notobligated to seek additional offers to purchasethe property while the property is subject to anexisting contract for sale.

(2) The showing of properties not owned by(a)the seller to prospective buyers or the listingof competing properties for sale by a seller’sagent does not in and of itself breach the dutyof loyalty to the seller or create a conflict ofinterest.

(b) The representation of more than one sellerby different licensees affiliated with the samebroker in competing transactions involving thesame buyer does not in and of itself breach the

signed by a buyer’s agent, the duties of a buyer’sagent are limited to those set forth in section 3 ofthis act and the following, which may not be waivedexcept as expressly set forth in (e) of this subsection:

(a) To be loyal to the buyer by taking no actionthat is adverse or detrimental to the buyer’sinterest in a transaction;

(b) To timely disclose to the buyer any conflictsof interest;

(c) To advise the buyer to seek expert adviceon matters relating to the transaction that are

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PAGE 5

or court order, even after termination of theagency relationship; and

(e) Unless otherwise agreed to in writing afterthe buyer’s agent has complied with section3(1)(f) of this act, to make a good faith andcontinuous effort to find a property for the

signed by a dual agent, the duties of a dual agent

(a)detrimental to either party’s interest in a

(b) To timely disclose to both parties anyconflicts of interest;

under subpoena or court order, even after

beyond the agent’s expertise;

(d) Not to disclose any confidential informationfrom or about the buyer, except under subpoena

buyer; except that a buyer’s agent is notobligated to:

(i) seek additional properties to purchasewhile the buyer is a party to an existingcontract to purchase; or

(ii) show properties as to which there is nowritten agreement to pay compensation tothe buyer’s agent.

(2) (a) The showing of property in whicha buyer is interested to other prospectivebuyers by a buyer’s agent does not in and ofitself breach the duty of loyalty to the buyer orcreate a conflict of interest.

(b) The representation of more than one buyerby different licensees affiliated with the samebroker in competing transactions involving thesame property does not in and of itself breachthe duty of loyalty to the buyers or create aconflict of interest.

SECTION 6:DUTIES OF A DUAL AGENT.(1) Notwithstanding any other provision of thischapter, a licensee may act as a dual agent onlywith the written consent of both parties to thetransaction after the dual agent has compliedwith section 3(1)(f) of this act, which consent mustinclude a statement of the terms of compensation.

(2) Unless additional duties are agreed to in writing

are limited to those set forth in section 3 of this actand the following, which may not be waived exceptas expressly set forth in (e) and (f) of this subsection:

To take no action that is adverse or

transaction;

(c) To advise both parties to seek expert adviceon matters relating to the transaction that arebeyond the dual agent’s expertise;

(d) Not to disclose any confidentialinformation from or about either party, except

termination of the agency relationship;

(e) Unless otherwise agreed to in writing afterthe dual agent has complied with section 3(1)(f)of this act, to make a good faith and continuouseffort to find a buyer for the property; exceptthat a dual agent is not obligated to seekadditional offers to purchase the property whilethe property is subject to an existing contractfor sale; and

(f) Unless otherwise agreed to in writing afterthe dual agent has complied with section 3(l)(f)of this act, to make a good faith and continuouseffort to find a property for the buyer; exceptthat a dual agent is not obligated to:

(i) seek additional properties to purchasewhile the buyer is a party to an existingcontract to purchase; or

(ii) show properties as to which there is nowritten agreement to pay compensation tothe dual agent.

(3) (a) The showing of properties not ownedby the seller to prospective buyers or the listingof competing properties for sale by a dual agentdoes not in and of itself constitute action that isadverse or detrimental to the seller or create aconflict of interest.(b) The representation of more than one seller

Untitled Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com

PAGE 6

action that is adverse or detrimental to thesellers or create a conflict of interest.

(a) The showing of property in which a buyeris interested to other prospective buyersor the presentation of additional offersto purchase property while the property

the agency relationship, other than the duties of:

(a)received during the relationship; and

(b) Not disclosing confidential information.

by different licensees affiliated with the samebroker in competing transactions involving thesame buyer does not in and of itself constitute

is subject to a transaction by a dualagent does not in and of itself constitute

(b) The representation of more than one buyerby different licensees affiliated with the samebroker in competing transactions involving

SECTION 7:DURATION OF AGENCY

(1) The agency relationships set forth in this chaptercommence at the time that the licensee undertakes

Accounting for all moneys and property

(4)

action that is adverse or detrimental tothe buyer or create a conflict of interest.

the same property does not in and of itselfconstitute action that is adverse or detrimentalto the buyer or create a conflict of interest.

RELATIONSHIP.

to provide real estate brokerage services to aprincipal and continue until the earliest of thefollowing:

(a) Completion of performance by the licensee;

(b) Expiration of the term agreed upon by theparties;

(c) Termination of the relationship by mutualagreement of the parties; or

(d) Termination of the relationship by noticefrom either party to the other. However, sucha termination does not affect the contractualrights of either party.

(2) Except as otherwise agreed to in writing, alicensee owes no further duty after termination of

SECTION 8:COMPENSATION.(1) In any real estate transaction, the broker’scompensation may be paid by the seller, the buyer,a third party, or by sharing the compensationbetween brokers.

(2) An agreement to pay or payment of compensationdoes not establish an agency relationship betweenthe party who paid the compensation and thelicensee.

(3) A seller may agree that a seller’s agent mayshare with another broker the compensation paidby the seller.

(4) A buyer may agree that a buyer’s agent mayshare with another broker the compensation paidby the buyer.

(5) A broker may be compensated by more thanone party for real estate brokerage services in areal estate transaction, if those parties consent inwriting at or before the time of signing an offer inthe transaction.

(6) A buyer’s agent or dual agent may receivecompensation based on the purchase price withoutbreaching any duty to the buyer.

(7) Nothing contained in this chapter negates therequirement that an agreement authorizing oremploying a licensee to sell or purchase real estatefor compensation or a commission be in writingand signed by the seller or buyer.

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PAGE 7

SECTION 11:INTERPRETATION.This chapter supersedes only the duties of the

SECTION 9:VICARIOUS LIABILITY.(1) A principal is not liable for an act, error, oromission by an agent or subagent of the principalarising out of an agency relationship:

(a) Unless the principal participated in orauthorized the act, error, or omission; or

(b) Except to the extent that:

(i) the principal benefited from the act,error, or omission; and

(ii) the court determines that it is highlyprobable that the claimant would be unableto enforce a judgment against the agent orsubagent.

(2) A licensee is not liable for an act, error, oromission of a subagent under this chapter, unlessthe licensee participated in or authorized the act,error or omission. This subsection does not limit theliability of a real estate broker for an act, error, oromission by an associate real estate broker or realestate salesperson licensed to that broker.

SECTION 10:IMPUTED KNOWLEDGE ANDNOTICE.(1) Unless otherwise agreed to in writing, aprincipal does not have knowledge or notice of anyfacts known by an agent or subagent of the principalthat are not actually known by the principal.

(2) Unless otherwise agreed to in writing, a licenseedoes not have knowledge or notice of any factsknown by a subagent that are not actually knownby the licensee. This subsection does not limit theknowledge imputed to a real estate broker of anyfacts known by an associate real estate broker orreal estate salesperson licensed to such broker.

parties under the common law, including fiduciaryduties of an agent to a principal, to the extentinconsistent with this chapter. The common lawcontinues to apply to the parties in all other respects.This chapter does not affect the duties of a licenseewhile engaging in the authorized or unauthorizedpractice of law as determined by the courts of thisstate. This chapter shall be construed broadly.

SECTION 12:SHORT SALE.When the seller of owner-occupied residentialreal property enters into a listing agreement witha real estate licensee where the proceeds from thesale may be insufficient to cover the costs at closing,it is the responsibility of the real estate licensee todisclose to the seller in writing that the decisionby any beneficiary or mortgagee, or its assignees,to release its interest in the real property, for lessthan the amount the borrower owes, does notautomatically relieve the seller of the obligation topay any debt or costs remaining at closing, includingfees such as the real estate licensee’s commission.

© Copyright 2012Northwest Multiple Listing Service

Revised June 2012RCW 18.86.120

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C O N F I D E N T I A L I T Y A G R E E M E N T

This Confidentiality Agreement (“Agreement”) is made and agreed to by ________________________ (“Prospective Buyer”)

Real Estate Investment Group (“Broker”), 192nd Station Holdings South, LLC (“Owner”), regarding the property known as Station South Retail at 1905 SE 192nd Ave, Camas, WA (“Property”)

Prospective Buyer has requested information from Owner regarding the Property, The Owner of the property has authorized the delivery of information concerning the Property, much of which is highly confidential, only to those potential purchasers who sign this Agreement.

The Parties Agree, in consideration of the covenants and agreements contained herein, as follows:

1. Buyer will not disclose, permit the disclosure of, release, disseminate or transfer, any information obtained hereunder (“Information”) to any other person or entity.

2. If Prospective Buyer is a corporation, partnership, limited liability company or other non-natural legal entity, the person(s) signing this Agreement on its behalf will take all appropriate precautions to limit the dissemination of the Information only to those persons within the entity who have need to know of the information, and who are specifically aware of the Agreement and agree to honor it.

3. This Agreement applies to all Information received from Owner, now or in the future, which is not readily available to the general public. Prospective Buyer understands that all information shall be deemed confidential, valuable and proprietary such that its unauthorized disclosure, even without intent to harm, could cause substantial and irreparable harm to Owner.

4. Potential Buyer understands and acknowledges that neither Owner, Broker nor any Owner/Broker Related Party makes any representation or warranty as to the accuracy or completeness of the Information or the condition of the Property in any manner. The Potential Buyer further understands and acknowledges that the information used in the prepara-tion of the Information was furnished by Owner and has not been independently verified by Broker, and is not guaranteed as to completeness or accuracy. Potential Buyer agrees that neither Owner, Broker, nor any Owner/Broker Related Party shall have any liability for any reason to the Potential Buyer or any of its representatives or Related Parties resulting from the use of the Information by any person in connection with the sale of, or other investments by Potential Buyer in the Property whether or not consummated for any reason. Neither Owner, Broker nor any Owner/Broker Related Party is under any obligation to notify or provide any further information to Potential Buyer or any Related Party if either Owner or Broker becomes aware of any inaccuracy, incompleteness or change in the Information. The undersigned acknowledges that neither Owner, Broker, has made any representation or warranty as to the accuracy or completeness of the Information, or the suitability of the information contained therein for any purpose whatever, and any representation or warranty in connection therewith is hereby expressly excluded. The Information provided to the undersigned are subject to, among other things, correction of errors and omissions, additions or deletion of terms, and withdrawal upon notice. The undersigned agrees that neither Owner, Broker, nor any Owner/Broker Related Party shall have any liability to Potential Buyer and/or any Related Party resulting from the delivery to, or use by the undersigned of the Information or otherwise with respect thereto. Potential Buyer and Related Parties shall rely only their own due diligence and investigation of the Property, including but not limited to any financial, title, environmental, physical, tenant or any other matters.

5. The Persons signing on behalf of the parties represent that they have the authority to bind the party for whom they sign.

6. The Information shall continue to be the property of the Owner and Broker. The Information will be used by the Potential Buyer solely for the purpose of evaluating the pos-sible acquisition of the Property and not for any purpose unrelated to the possible acquisition of the Property. The Information may not be copied or duplicated without the Owner’s and Broker’s prior written consent, and must be returned to Broker (or with Broker’s permission, destroyed by Potential Buyer and any Related Party, and in such instance Potential Buyer shall certify in writing to Broker and Owner that such information has been so destroyed) immediately upon request or when the Potential Investor declines to make an offer for the Property or terminates any discussions or negotiations with respect to the Property.




7. Potential Buyer is a principal and not an agent of or acting on behalf of any other party in connection with the purchase of the Property. Potential Buyer will not look to Broker or to Owner for any brokerage commission, finder’s fee, or other compensation in connection with the sale of the Property or any interest therein. Potential Buyer shall indem-nify and hold Owner and Broker and their respective officers, directors, shareholders, partners, members, employees, agents and representatives and any affiliate, successor or assign thereof (collectively, the “Owner/Broker Related Parties”), harmless from and against any and all claims, causes of action, damages, suits, demands, liabilities, fines, fees, costs and expenses (including, but not limited to, court costs and attorney’s fees) of any kind, nature or character relating to the Property by any agents or brokers resulting from (i) any failure by Potential Buyer or any Related Party to disclose any relationship Potential Buyer may have with respect to any broker or other intermediary, (ii) any failure by Potential Buyer to pay any amounts claimed by any broker or other intermediary (including, without limitation, any Potential Buyer’s Representative), other than Real Estate Investment Group, in connection with the marketing or sale of the Property and (iii) any breach or default hereunder by Potential Buyer and/or any deemed breach or default hereunder by any Related Party.

8. Potential Investor acknowledges that the Property has been offered for sale subject to withdrawal of the Property from the market at any time or rejection of any offer because of the terms thereof, or for any other reason whatsoever, without notice, as well as the termination of discussions with any party at any time without notice for any reason whatsoever.

9. In the event that Potential Buyer and/or any Related Party fails to comply with the terms and conditions of this Agreement, Potential Buyer and such Related Party may be liable to Owner and/or Broker for such breach, Owner and/or Broker shall be entitled to exercise any right, power, or remedy available at law or in equity for such breach. Without prejudice to any other rights or remedies that Owner and/or Broker may have with respect to any breach by Potential Buyer and/or any Related Party, Potential Buyer on behalf of its and any Related Party, hereby acknowledges and agrees that (a) damages would not be an adequate remedy for any breach of the terms of this Agreement by Potential Buyer and/or any Related Party, (b) it is not aware of and will not seek to advance any reason why Owner and/or Broker should not be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of the terms of this Agreement by Potential Buyer and/or any Related Party and (c) no proof of special damages shall be necessary for the enforcement of the terms of this Agreement.

10. This Agreement shall be governed and construed in accordance with the laws of the State of Washington and remain in full force and effect for a period of 2 years from Potential Buyer signing this agreement.

Prospective Buyer:

Signature: _________________________________

Company: _________________________________

Email:____________________________________

Title: ___________________________________

Phone: ____________________________________

Date: ___________________________________

Address: ____________________________________

City, State, Zip: ______________________________



Documents

TRIPE-ET RETAI ICE IVESTET IN CAMAS, WA€¦ · (8) Licensee means a real estate broker, associate real estate broker, or real estate salesperson, as those terms are defined in chapter