RLP 3IN0254 - EXHIBIT P - Dual Agency Disclosure.pdf

DUAL AGENCY DISCLOSURE STATEMENT

(Acknowledgement and Consent)

GSA Regional CO: Stephanie Carlson Lessor:

Property Involved:

Dual Agency: The General Services Administration’s Leasing Support Services contract number GS-05P- LIN01402 allows a brokerage firm under this GSA contract to represent both the Government, as tenant, and the owner in this real estate transaction as long as this is disclosed to both parties and both agree. This is known as dual agency. Under this GSA Contract, a brokerage firm may represent two clients whose interest are, or at times could be, different or adverse. For this reason, the dual agent(s) may not be able to advocate on behalf of the client with the same skill and determination the dual agent may have if the brokerage firm represents only one client. Dual Agency under this GSA contract does not allow the same agent of the Brokerage Firm to represent both parties.

This statement discloses that JLL (Jones Lang LaSalle Americas, Inc.) will be acting as Dual Agent in the contemplated transaction involving the named property.

It is understood and agreed by the parties, as a dual agent, the brokerage firm shall:

• Treat both clients honestly;

• Disclose latent, material defects to the Government, if known by the broker;

• Provide information regarding lenders, inspectors and other professionals, if requested;

• Provide market information available from a property listing service or public records, if requested;

• Prepare and present all offers and counteroffers at the direction of the parties;

• Assist both parties in completing the steps necessary to fulfill the terms of any contract, if requested.

It is also understood and agreed by the parties, as dual agent, the brokerage firm shall not:

• Disclose confidential information, or information having an adverse effect on one party’s position in the transaction,

• Suggest or recommend specific terms, including price, or disclose the terms or price the Government is willing to accept or the owner is willing to offer;

• Engage in conduct contrary to the instructions of either party and may NOT act in a biased manner on behalf of one party.

Material Relationship: The brokerage firm acting as a dual agent in this contemplated transaction has a material relationship with both the Government and the owner. A material relationship would include any personal, family or business relationship with one or both of the parties.

Relationship to the Government is tenant representation bound by the terms and conditions of contract # GS-

05P-LIN01402.

Relationship to the Landlord is: Leasing Agent

Compensation: The brokerage firm will be compensated per any contract agreement between the property owner and the broker agent as detailed in the RLP and reflected on the awarded lease.

Responsibilities of the Parties: The duties of the brokerage firm in a real estate transaction do not relieve the Government and Owner from the responsibility to protect their own interests. The Government and the Lessor are advised to carefully read all agreements to assure they adequately express their understanding of the lease transaction. The brokerage firm is qualified to advise on real estate matters. IF LEGAL OR TAX

ADVICE IS DESIRED, YOU SHOULD CONSULT THE APPROPRIATE PROFESSIONAL.

Government Non Disclosure requirements: The government requires complete confidentiality in all lease acquisition offers including non disclosure of the names of potential offerors. The dual agent brokerage firm, under this dual agency agreement, will be soliciting other competitive offers for the lease acquisition. Before the dual agent brokerage firm can solicit potential offerors information, they must disclose their dual agency relationship to all potential offerors and allow the offerors to acknowledge the dual agency before they provide any confidential information. By presenting this dual agency statement, potential offerors will be aware of the dual agency relationship, however, the dual agent brokerage firm cannot disclose the number, identity or rank of other offerors, or the content or evaluation of the other offerors proposals to the landlord in the dual agency relationship.

Duration of Dual Agency: The term of this Agreement shall commence when this document is executed by the Owner and the Government, and unless extended by written agreement of all parties, shall automatically terminate upon (a) receipt of Unsuccessful Offeror notification or (b) in the event of a Successful Offeror notification, this agreement will terminate upon occupancy of the government tenant.

By signing below, you acknowledge you have read and understand this form. You are giving your voluntary, informed consent to this dual agency. If you do not agree to the brokerage firm acting as dual agent, you are not required to consent to this agreement.

Owner’s Signature Date

Notice and consent of dual agency to potential offers for Solicitation Number .

Offeror’s Option:

By signing this Dual Agency Disclosure Statement you acknowledge:

JLL (Jones Lang LaSalle Americas, Inc.) will act as a Dual Agent for this transaction.

I, _______________________, owner of the property located at ______________________choose not to participate in this transaction due to the dual agency.

I, _______________________, owner of the property located at _______________________choose to participate in this transaction regardless of the dual agency.

Owner’s Signature Date

Government’s Signature Date

Broker’s Signature Date