Napa Storage & RV
1111 Soscol Ferry Rd, Napa, CA 94558
Performance Self Storage Group Inc. (“PSSG”) is being retained on an exclusive basis by (the “Owner”) to assist in the marketing and sale of Napa Storage & RV (the “Property”). Upon agreeing to the terms and conditions of this Confidentiality Agreement, an Offering Memorandum and financial information will be provided to you (the “Broker or Buyer”) which will contain financial information(collectively, the “Evaluation Materials”)solely for your use in determining whether you or your client may have an interest in acquiring the Property. By agreeing to the below terms and conditions, you represent and agree as follows:
1. The Evaluation Materials and oral communications relating to the Property that are or may in the future be furnished to you by PSSG or Owner, or any agent or representative thereof, will be kept confidential as set forth herein.
2. You agree that the Evaluation Materials will not be used other than in furtherance of the purposes described above and that the Evaluation Materials will be kept confidential and will not be disclosed except to those persons, agents, representatives or employees of Principal who have a need to know such information and who are advised of the confidential nature thereof, or as otherwise required by law. The term “Evaluation Materials”, as used herein, does not include any information which is generally available to the public through independent sources.
3. You agree you will not disclose to third parties the substance of any discussions or negotiations which might occur concerning the Property, the result of any investigation relating to the Property, or the terms, conditions, or other aspects of any proposed transaction involving the Property. You further agree that you will not reproduce the Evaluation Materials in whole or in part and will not distribute all or any portion of such Evaluation Materials to any other person or entity, other than as set forth above. Upon request by Owner or PSSG, you agree to return to PSSG all Evaluation Materials furnished to you, without retaining copies of all or any part thereof. You agree to indemnify, defend and hold Owner and PSSG harmless from and against any and all losses, costs, damages or expenses, including reasonable attorneys fees, directly sustained or incurred by either Owner or PSSG, by reason of any unauthorized distribution or disclosure of the Evaluation Materials by you or any of your directors, officers, employees, partners, agents, representatives or advisors.
4. The Evaluation Materials contain selected information pertaining to the Property and do not purport to contain all of the information that a prospective purchaser may desire.The information contained herein is not a substitute for a thorough due diligence investigation. PSSG has not made any investigation, and makes no warranty or representation, with respect to the income or expenses for the subject property, the future projected financial performance of the property, the size and square footage of the property and improvements, the presence or absence of contaminating substances, PCB’s or asbestos, the compliance with State and Federal regulations, storage projects currently in planning, approved or under construction, the physical condition of the improvements thereon, or the financial condition or business prospects of any tenant, or any tenant’s plans or intentions to continue its occupancy of the subject property. Any references to “proforma” are strictly speculative. Although every effort has been made to provide accurate and
complete information, neither Owner nor PSSG makes any representation or warranty, expressed or implied, as to the accuracy or completeness of the Evaluation Materials or their contents.
5. You hereby acknowledge that neither Owner, PSSG, nor any persons acting on their behalf, have made any representation or warranty as to the accuracy or completeness of the Evaluation Materials, or the suitability of the information contained therein for any purpose whatsoever. The Evaluation Materials are subject to, among other things, correction of errors and omissions, addition or deletion of terms, change of price or terms, withdrawal from market without notice, and prior sale. You agree that neither Owner, PSSG, nor any persons acting on their behalf, shall have any liability to you resulting from the delivery to you, or use by you, of the Evaluation Materials.
6. You agree that you will not contact the Owner, tenants of the Property, or the property management staff of the Property which comprise the Property in connection with your review of the Evaluation Materials. Any and all questions relating to the Evaluation Materials, the Property or any potential transaction must be directed solely to PSSG.
7. If you are a Buyer interested in purchasing this property, you hereby agree to indemnify, defend and hold Owner and PSSG harmless from and against any and all losses, damages, costs and expenses, including reasonable attorneys fees, arising out of or in connection with any claim or suit asserted or brought by any broker, finder, agent or representative for commissions, fees or other compensation to the extent such claim or suit is based in whole or in part on dealings with or through Principal, or its directors, officers, employees, partners, agents, representatives or advisors.
8. The Owner reserves the right to negotiate with one or more prospective purchasers at any time and to enter into a definitive agreement for the sale of the Property without prior notice to you. Owner reserves the right to take any action, whether in or out of the ordinary course of business, which it deems necessary or prudent in connection with the Property. The terms of this Confidentiality Agreement will apply to you and any related entities
9. You acknowledge that the Owner has no obligation to discuss or agree to the sale of the Property. Furthermore, while the Owner may discuss the purchase and sale of the Property with you, either party, in its sole and absolute discretion, may terminate discussions at any time and for any reason. The discussions may be lengthy and complex. Notwithstanding that the parties may reach one or more oral understandings or agreements on one or more issues under discussion, neither party shall be bound by any oral agreement of any kind and no rights, claims, obligations or liabilities of any kind, whether expressed or implied, shall arise or exist in favor of or be binding upon either Owner or Principal except to the extent same are expressly set forth in a final, written agreement signed by both parties and delivered to you.
10. This Confidentiality Agreement shall be governed and construed in accordance with the laws of the State of California. This Confidentiality Agreement may be amended only by a written agreement signed by both parties.
12. This agreement shall remain in effect for a period of two (2) years.
Please acknowledge your agreement to and acceptance of the foregoing terms by clicking YES below.
The information contained herein has been obtained from sources we deem reliable. We have no reason to doubt its accuracy, but we do not guarantee it. References to square footage or age are approximate. Buyer must verify the information and bears all risk for inaccuracies. Any projections, assumptions, estimates or assumptions that are used on this website are for example purposes only and do not represent the current performance of the property. Property is sold as-is where-is.
Napa Storage & RV
1111 Soscol Ferry Rd, Napa, CA 94558