Thank you for your interest in 215-217 15th Street in Del Mar, California. Please read the full Confidentiality Agreement, then fill out the form below. Your submission to this form will be considered a signature of the Confidentiality Agreement.

Have questions? Please contact:
Matt Moser | matt.moser@retailinsite.net | 858.523.2096
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AGREEMENT OF CONFIDENTIALITY, NON-DISCLOSURE, DISCLAIMER
 
RE:     Potential Purchase of 215-217 15th Street, Del Mar, California 92014 (“Property”)

Please be advised that Mountain 15th Street, LP (“Owner”) is considering a possible sale of the above-referenced property (“Property”) and engaged RI Properties Inc. (“Broker”) as its authorized sales representative to represent Owner with respect to a sale of the Property.

Broker and Owner have available for review certain information concerning the Property which is not generally available to the public, including, but not limited to, brochures, documents, financial models, leases, summaries, reports, rent rolls and other materials based upon or generated from any of the previously enumerated items (collectively “Marketing Materials”). Owner and Broker will not make the Marketing Materials available to Potential Purchaser unless and until Potential Purchaser executes and complies with this Agreement of Confidentiality, Non-Disclosure and Disclaimer (“Agreement”).

With its signature below, Potential Purchaser agrees as follows:

1.    All Marketing Materials relating to the Property furnished to Potential Purchaser by the Owner, its employees, agents and contractors (“Owner Parties”) or Broker, shall continue to be the property of the Owner. The Marketing Materials shall be used by Potential Purchaser solely for evaluating the possible acquisition of the Property for its purposes, and not for no other purpose. The Marketing Materials (including electronic files and copies) must be returned to Owner or be destroyed within 3 business days of Owner’s request, when Potential Purchaser declines to make an offer for the Property or terminates discussions or negotiations with respect to the Property.

2.    Potential Purchaser agrees not to make the Marketing Materials available, or to disclose any of the contents thereof, to any person. However, the Marketing Materials may be disclosed to Potential Purchaser’s partners, employees, legal counsel, lenders, agents and advisors (“Related Parties”) who, in Potential Purchaser’s reasonable judgment, need to review the Marketing Materials for the purpose of evaluating the potential purchase of the Property or any interest therein by Potential Purchaser. Such Related Parties shall be informed by Potential Purchaser of the confidential nature of the Marketing Materials and shall be directed in writing by Potential Purchaser to keep all the Marketing Materials strictly confidential in accordance with this Agreement and shall agree to same. Prospective Purchaser shall be responsible for any violation of this provision by any Related Party.  Potential Purchaser agrees to indemnify and hold harmless Owner, the Owner parties, Broker and their successors and assigns from and against any and all claims, demands, losses, liabilities, suits, costs or expenses due to or arising from Potential Purchaser’s breach of any of the confidentiality provisions of this Agreement.

3.    Although Owner parties and Broker endeavored to include in the Marketing Materials information believed to be relevant to the purpose of Potential Purchaser’s investigation, Potential Purchaser understands and acknowledges that Owner, any Owner parties and Broker make no representation or warranty as to the accuracy or completeness of the Marketing Materials. Potential Purchaser further understands and acknowledges that the information used in the preparation of the Marketing Materials may not have been independently verified by Owner or Broker and are not guaranteed to be complete or accurate. Potential Purchaser agrees that Owner, Owner parties and Broker shall have no liability, for any reason, to Potential Purchaser or any of its representatives or Related Parties resulting from the use of the Marketing Materials by any person in connection with the sale of, or other investment by Potential Purchaser in the Property, whether or not consummated for any reason, which use shall be done at Potential Purchaser’s sole risk.

4.    Potential Purchaser acknowledges that the Property has been offered for sale subject to withdrawal from the market or rejection of any offer because of the terms thereof, or for any other reason whatsoever, without notice. Owner intends only to release Marketing Materials to a qualified potential purchaser. Owner, in its sole discretion, shall determine if the Marketing Materials (in whole or in part) shall be released to Potential Purchaser after the execution of this Agreement, and reserves the right to rescind permission to use the Marketing Materials (in whole or in part) unilaterally.

5.    For purposes of this Agreement, the term “purchase” or “sale” of the Property or other similar language in this Agreement shall be deemed to refer to the purchase or sale of all of Owner’s fee interest in the Property to a third-party purchaser.

6.      Potential Purchaser hereby represents and warrants to Owner, Broker and all related parties that Potential Purchaser has not dealt with any other broker, finder or agent in connection with any possible sale or other transaction and that no broker represents, or will represent, Potential Purchaser in connection with any possible sale or other transaction concerning the Property. Potential Purchaser agrees to indemnify and hold harmless Owner, the Owner parties, Broker and their successors and assigns from and against any and all claims, demands, losses, liabilities, suits, costs or expenses due to or arising from any claims of any broker, finder or similar agent for commissions, fees or other compensation in connection with any possible sale or other transaction concerning the Property based on alleged dealings with Potential Purchaser.

7.    This Agreement shall remain in effect until the latter of 1 year after the date of Potential Purchaser’s acceptance of this Agreement, or Owner’s sale of the Property.

8.    This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9.    This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, and may not be altered, varied, revised or amended, except by an instrument in writing signed by the parties subsequent to the date of this Agreement. The parties have not made any other agreement or representation with respect to such matters.