“Specializing in Maximizing our Clients Positions During the Sale, Purchase, and Operation of Private Aircraft for over 35 years”
AIRCRAFT SALES & ACQUISITIONS | CHARTER | MANAGEMENT | MAINTENANCE |FRACTIONAL SHARES
AIRCRAFT SALES REPRESENTATION AND CONSULTING AGREEMENT
This Agreement is made this 2nd day of May 2024, by and between City of Hawthorne (Owner), and West Coast Aircraft Sales, LLC, (Representative/Consultant).
1. Owner has title to and desires to sell, and Representative/Consultant desires on behalf of Owner to procure a purchaser for (1) 1989 MD 500E Helicopter, N521PD, Serial # 0321E as set forth in specifications approved by Representative and Owner (collectively, the “Aircraft”).
2. Upon receipt of approved agreement, Representative shall institute a promotion and sales program reasonably acceptable to Owner, to procure a suitable purchaser for the Aircraft. Thereafter, Representative shall negotiate with prospective buyers on behalf of Owner and assist Owner and its legal counsel with all details relevant to the sale and transfer of the Aircraft. In consideration for such services by Representative, Owner hereby grants to Representative during the term of this Agreement the exclusive right to market and sell the Aircraft and to receive a consulting fee/sales commission provided for herein. Representative will use all efforts to insure the confidentiality of the Owner in connection with the sale of the Aircraft.
3. Owner agrees to list the Aircraft with an asking price of $600,000.00 (Six Hundred Thousand Dollars)
4. In consideration for Representative’s services hereunder, Owner shall pay to Representative a sales commission /consulting fee at closing in the amount of $50,000.00 (Fifty Thousand Dollars). Owner shall pay such sales commission /consulting fee to Representative through escrow by wire transfer at the close of the sale of the Aircraft. If Representative elects to purchase the Aircraft for its own account, then no sales commission shall be payable by Owner to Representative.
5. Representative shall be responsible for the general overhead, domestic travel, and promotional expenses that it incurs in connection with performing its obligations hereunder, except that Representative shall not be liable for any property or sales tax and escrow fees incurred as a result of the sale of the Aircraft, or for the cost of any demonstration flights. Aircraft demonstration flights shall be conducted only with Owner’s prior permission and upon terms and conditions acceptable to Owner.
6. Representative shall:
A. Present all written offers to Owner and its legal counsel.
B. Assist in formulation of written responses to all offers to include any additional conditions to be set forth by Owner and its legal counsel.
C. Maintain liaison contact between Owner and the purchaser during all negotiations.
D. Assist Owner’s legal counsel with development, preparation, negotiation and distribution of contract(s) as required.
E. Assist in selecting the appropriate facility for pre-purchase inspection, coordinate all test flights, assist Owner with the pre-purchase inspection oversight and related details, and assist in the negotiation of the prepurchase inspection report and the various costs that may be apportioned to each party.
F. Assist Owner’s legal counsel with closing organization and execution of transfer documents, as required, to affect a smooth and prompt delivery of the Aircraft to the new owner. “Specializing in Maximizing our Clients Positions During the Sale, Purchase, and Operation of Private Aircraft for over 35 years”
AIRCRAFT SALES & ACQUISITIONS | CHARTER | MANAGEMENT | MAINTENANCE |FRACTIONAL SHARES
7. This Agreement shall become effective on the date hereof and remain in effect until the aircraft is sold.
Either party may terminate this Agreement upon 30 days written notice. If during the term of this agreement or within 180 days following termination (if terminated at Owners option) the aircraft is sold, Representative to be due the amount of $20,000.00 (Twenty Thousand Dollars).
8. For so long as this Agreement is in effect, Owner shall (a) refer all inquiries relating to a possible sale of the Aircraft to Representative, (b) make the Aircraft reasonably available for inspection by prospective buyers, (c) ensure that the Aircraft is adequately insured to include sales demonstrations, and (d) duly execute and deliver any and all such further documents as may be required to carry out the purposes of this Agreement.
9. Each party hereby represents and warrants to the other that it has full power and authority to enter into and carry out the terms of this Agreement, and that this Agreement constitutes a legal, valid and binding obligation of such party enforceable in accordance with its terms.
10. Any notice permitted or required by either party to the other hereunder, or in connection herewith, shall be in writing and delivered personally or by certified mail, electronic transmission or air courier to the respective addresses.
11. If a party brings an action, arbitration or legal proceeding for an alleged breach of any provision of this Agreement or to otherwise enforce, protect or establish any term or covenant of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs.
12. Seller’s Representative Pledge: At all times during the term of this Agreement, Representative agrees to represent only the interests of Owner as Owner’s representative. Representative will at all times act solely on behalf of Owner in all aspects of the relationship during the term of this Agreement. Should any situations arise that would create a potential conflict of interest, Representative will immediately disclose these circumstances with Owner for further discussions.
End.
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“Specializing in Maximizing our Clients Positions During the Sale, Purchase, and Operation of Private Aircraft for over 35 years”
AIRCRAFT SALES & ACQUISITIONS | CHARTER | MANAGEMENT | MAINTENANCE |FRACTIONAL SHARES IN WITNESS WHEREOF, authorized parties hereto have executed this Agreement below as of the date first mentioned above.
Approved and Accepted
City of Hawthorne West Coast Aircraft Sales, LLC
By:_________________________ By:___________________________ Signature Signature
Name: ______________________ Name:_________________________
Date: _______________________ Date: __________________________ City Attorney for City of Hawthorne
By:__________________________
Name:
Date: ________________________