THIS AGREEMENT executed on the date the listing is submitted to the wirelesspropertylistings.com website by you, the user and Implied owner of the land or building that you are submitting, (hereinafter “Owner”) and Wireless Property Listings LLC, a Missouri limited liability company (hereinafter “WPL”).
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, Owner grants WPL the sole and exclusive right to market its Property to various telecommunication companies (“Telecom Tenant(s)”) and assist Owner with negotiations of new leases (“Telecom Leases”) with prospective Telecom Tenants in interested in leasing space on the Property that you submitted to WPL via the web form. “Property”).
SECTION 1 – TERM AND SERVICES
1.1 Term. Contract term will be for a period of three (3) years from date this document is fully executed by both parties. This Agreement shall automatically renew for successive one (1) year terms until the earliest of: (a) the early termination by Owner pursuant to terms set forth in this section below or (b) the early termination by WPL pursuant to set forth in this section below.
1.2 WPL’s Services. During the term of this agreement WPL shall actively market the Property, as WPL deems appropriate, to telecommunications companies and site development groups. WPL shall make all commercially reasonable efforts to procure new Telecom Tenants for the Premises. WPL will utilize wireless industry standards in assisting Owner with negotiating new Telecom Leases.
1.3 Termination. Subject to the compensation terms set forth in Section 3 hereof, WPL and Owner may each elect to terminate this Agreement for any reason, with or without cause with ninety (90) days written notice after the initial Term to the other party.
SECTION 2 – OWNER REPRESENTATION
2.1 Owner Representation. Owner represents that it owns and holds sufficient title to Property and is fully authorized to enter into this agreement.
2.2 Cooperation. Following satisfactory review thereof, Owner agrees to cooperate with WPL and execute any and all options, leases, zoning authorizations and or easement documents, provided that such documents are in accordance with industry standards and compliant with state and federal laws.
SECTION 3 – COMPENSATION
3.1 Compensation. For services rendered to Owner by WPL, WPL shall be entitled to receive 35% (Thirty Five Percent) of all gross revenues received under all Telecom Leases executed by Telecom Tenants procured through WPL’s services. Owner warrants and represents that each Telecom lease or license will contain a provision that requires the Telecom Tennant to remit WPL’s share of the gross revenues directly to WPL pursuant to the terms of a payment direction letter that will be provided by
WPL. WPL shall only be compensated for revenue from new tenants. The provisions of this Paragraph shall survive the expiration or earlier termination of this Agreement.
SECTION 4 – TRANSFER OF PROPERTY
4.1. Owner’s Right to Transfer/Sell Property. During term of agreement, Owner
may, upon thirty (30) day prior written notice, terminate this Agreement if Owner enters into a written contract to sell Property prior to any Telecom Lease being executed. In the event that Owner chooses to sell the Property after a Telecom Lease has been executed, Owner will fully disclose this Agreement to the purchasing party and any sale will be subject to the rights and provisions hereunder.
SECTION 5 – LEASE SALE CLAUSE
5.1 Lease Sale Clause. In the event that Owner desires to transfer its interest in and to any Telecom Lease located on the Property, Owner shall, prior to granting or transferring any of its interest in such Telecom Lease, provide WPL with certified notice of its intentions and WPL shall thereafter have the option to purchase such Telecom Lease. WPL shall provide Owner with notice of its intention to acquire the Telecom Lease(s) within fifteen (15) days of receipt of Owner’s notice. In the event that WPL fails to provide Owner with such notice, Owner may transfer its interest to a third party, provided that such grant or transfer is made subject to the terms and conditions of this Agreement.
SECTION 6 – MISCELLANEOUS PROVISIONS
6.1 Exclusivity. Owner will not enter into any other agreement that shall compete or undermine the exclusive nature of this contract.
6.2 Independent Representative. WPL acknowledges that it is an independent representative and is not an employee, agent, or partner of Owner. Nothing contained herein shall be construed as a representation by WPL as being a real estate or legal services professional.
6.3 Successors and Assigns. This Agreement shall be binding upon and inured to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. In the event the Property is sold or transferred to a third party, full disclosure of this Agreement shall be made to the successor owner and notice of such sale shall be provided to WPL.
6.4 Indemnification. Owner and WPL agree to indemnify and hold each other harmless from any claims for damages, which arise in connection with any use of said Property. Said indemnification shall include indemnity from any reasonable costs or fees which Owner or WPL may incur in defending such claims. Indemnity obligations under this paragraph will survive the termination of this agreement.
6.5 Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
6.6. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.
6.7 Memorandum. Owner agrees that WPL shall have a right to record a memorandum of this Agreement in the Official Records of the County those Properties on which Landlord procured the lease or license are located. The memorandum shall be solely for the purpose of providing constructive notice of this Agreement.
6.8 Governing Law. Agreement governed by laws of the State in which the Property is located.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year that the listing is submitted to the WPL website.
OWNER: The owners digital signature is implied by clicking the check box upon submitting this listing.
WPL: Wireless Property Listings LLC
David Dodge, Member & Registered Agent
Owner, Wireless Property Listings LLC