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C BRE <br />�Cncr'.uui�� iii 7!iLE COwiivllSSlll rJ <br />CBRE, INC. <br />BROKERAGE AND MANAGEMENT <br />LICENSED REAL ESTATE BROKER <br />FOR PROPERTY AT: South IH -35 and Cottonwood Pkwy., San Marcos, Texas <br />As to sales of unimproved /improved real property, Broker's commission shall be * *See attached Exhibit A ** of the gross sales price. <br />Gross sales price shall include any and all consideration received or receivable, in whatever form, including but not limited to <br />assumption or release of existing liabilities The ......,missiol, A-11 ho .,. A ,,,ho...,..... -A -- — A-- ,.1,_, - -4r - .. -_ -__. aL- ._.-_t _- -_ -- -- - -- _r <br />.+�s......t.•..,,..... ......�� .ii �.�,.suub „uv�.u. ,aaa. vvuu,u��,vu a„u., — 1—u �v ut,u 1.a111Gu V1 a[ Luc L.1vJG v1 GJL:1v W' L111L)Ugn Uhuly W, 01 11 <br />there is no escrow, then upon recordation of the deed; provided, however, that if the transaction involves an installment contract, then <br />payment shall be made upon execution of such contract. In the event Owner contributes or conveys the Property or any interest <br />therein to a joint venture, partnership, or other business entity, the commission shall be calculated on the fair market value of the <br />Property, less the value of the interest in the Property retained by or transferred to Owner, as the case may be, and shall be paid at the <br />time of the contribution or transfer. If Owner is a partnership, corporation, or other business entity, and an interest in the partnership, <br />corporation or other business entity is transferred, whether by merger, outright purchase or otherwise, in lieu of a sale of the Property, <br />and applicable law does not prohibit the payment of a commission in connection with such sale or transfer, the commission shall be <br />calculated on f.. ..u. et value o f t he Property,, y, ra t her than t he gross sales price, multiplied by the percentage or <br />-interest so <br />transferred, and shall be paid at the time of the transfer. <br />The provisions hereof are subject to the terms and provisions of any Exclusive Sales Listing Agreement, to which this Schedule may <br />be attached and which is executed by the parties hereto. <br />Owner hereby acknowledges receipt of a copy of this Schedule and agrees that it shall be binding upon its heirs, successors and <br />assignees. In the event Owner sells or otherwise disposes of its interest in the Property, Owner shall remain liable for payment of the <br />commissions provided for in this Schedule and anv agreement of which it is a part, including, without limitation, the corr -z6nn <br />obligations set forth hereinabove, unless the purchaser or transferee assumes all of such obligations in writing. The term "Owner" as <br />used herein shall be deemed to include the owner of the Property, a party under contract to acquire the Property. <br />BROKER: <br />CBRE, INC. <br />Licensed Real Estate Br ker <br />By: .1 �/- � 1`�"�°i <br />Name: Scott Senese <br />Title: Senior Managing Director <br />Address: 100 Congress Ave. Suite 500 <br />Austin, TX 78701 <br />Telephone: 512- 499 -4912 <br />1 <br />Date: <br />OWNER: <br />City of San Marcos, Texas <br />By: lviiu <br />Name: Ja&. *�er S+ W C U( 1t, <br />AMA- <br />Title:City Manage <br />Address: 630 East Hopkins, San Marcos, Texas <br />Telephoner �is+,%i _ 1/7-', <br />Date: <br />Page 1 of 1 <br />10/2011 <br />Texas <br />