CubeSmart Storage Portfolio
St. Louis, MO & Florissant, MO
Review the Confidentiality Agreement and Submit Form below to Access Offering Memorandum
THIS CONFIDENTIALITY AGREEMENT (“Agreement”) is made and agreed to by and between Marla Čolić and Marcus & Millichap Real Estate Investment Services (“Broker”), exclusive listing broker for the Properties, and the Buyer(s) and Cooperating Broker, if applicable, listed below, regarding the properties known as CubeSmart Self Storage located at 3181 South Kingshighway in St. Louis, Missouri and 3180 Highway 67 in Florissant, Missouri (“Property”). The obligations of confidentiality undertaken pursuant to this Agreement shall survive the terms of the Broker’s listing agreement with the owner(s).
BUYER HAS REQUESTED information from Broker for the purpose of evaluating a possible acquisition of the Property. Much of the information to be provided is non-public, confidential and/or proprietary in nature (collectively “Information”) and is being disseminated only to those potential buyers who sign this agreement.
THE PARTIES AGREE, in consideration of the covenants and agreements contained herein, as follows:
1. NON-DISCLOSURE OF INFORMATION: Buyer will not disclose, permit the disclosure of, release, disseminate or transfer any of the Information obtained from Broker or owner to any other person or entity except as permitted herein. If Buyer is a corporation, partnership, limited liability company, investment trust, or other non-natural legal entity, the person(s) signing this Agreement on its behalf will take all appropriate precautions to limit the dissemination of the Information only to those persons within the entity who need to know the Information, and who are specifically aware of the Agreement and agree to be bound by it.
2. This Agreement applies to all Information about the Property received from Broker or owner, now or in the future, which is not readily available to the general public. Buyer understands that all Information shall be deemed confidential, valuable and proprietary such that its unauthorized disclosure, even without intent to harm, could cause substantial and irreparable harm to owner and Broker.
3. All Information shall be used for the sole purpose of evaluating the potential acquisition of the Property and shall not at any time or in any manner be used for any other purpose.
4. Buyer shall not contact directly any persons concerning the Property, other than Broker, without Broker’s prior written permission. Such persons include, without limitation, owner, owner’s employees, managers, suppliers and tenants.
5. BUYER – PRINCIPAL: Buyer acknowledges that it is a principal and not an agent or acting on behalf of any other party in conjunction with the purchase of the Property. Buyer acknowledges that it is not working with any other broker or agent other than the Broker named in connection with the Property. Buyer acknowledges that neither it nor its clients shall receive any fee or commission from Seller or Broker in the event a closing occurs on the Property.
6. COOPERATING BROKER: In the event a cooperating broker is registered below as the Buyer’s Representative, Buyer acknowledges and affirms that this offering was brought to Buyer’s attention by Cooperating Broker. As the Buyer’s designated representative, Cooperating Broker shall receive a commission paid by seller equal to 2% of the Gross Purchase Price if a closing is consummated between the owner and Buyer.
7. Neither Broker nor owner make any representations or warranty, express or implied, as to the accuracy or completeness of any Information provided by them. Buyer assumes full and complete responsibility for confirmation and verification of all Information received and expressly waives all rights of recourse against owner and Broker with respect to the same.
8. The persons signing on behalf of Buyer and Broker represent that they have the authority to bind the party for whom they sign.
9. This agreement shall be governed and construed in accordance with the laws of the state where the Property is located.
10. Return of Documents: Upon review of Information provided, if Buyer no longer has an interest and does not wish to pursue negotiations leading to this acquisition, Buyer agrees to return in a timely fashion all Information provided in its original form to Marla Čolić, if requested. Photocopying or other duplication is strictly prohibited.
11. In the event any party breaches its obligations under this Agreement, the prevailing party (parties), in any lawsuit brought to enforce the provisions of this Agreement, shall be entitled to reasonable attorney’s fees and costs in addition to all other remedies available to it.
Marcus & Millichap Real Estate Investment Services
7800 Forsyth Blvd. Suite 710
St. Louis, MO 63105
(314) 889-2524 Direct
(314) 889-2510 Fax
Marcus & Millichap Real Estate Investment Services
5100 Poplar Avenue, Suite 2505
Memphis, TN 38137
Direct: (901) 620-3622
Fax: (901) 620-3610
To Access Offering Memorandum, Submit to Accept Terms of Confidentiality Agreement