Attachment H Exhibit 8 - Broker Commission Agreement - Template

Exhibit 8
Broker Commission Agreement
For Use With VA Broker Lease Acquisition Task Orders

This agreement is intended to document the private commission arrangement between the Lessor and VA’s designated contract Broker. It is not signed by VA, does not make VA a party to the agreement, and does not authorize the Broker to bind VA. Use only with the applicable VA Request for Lease Proposals (RLP), Broker Task Order, and approved lease exhibit. Remove instructional text before issuance.

Month XX, XXXX

Name
Address
City, ST Zip

Re: Request for Lease Proposal No. [XXXXXXXXXXXXX]
[Project Name, ST, Facility Type]
Department of Veterans Affairs

Dear Name:

This Broker Commission Agreement (Agreement), when executed by the authorized representatives of both [Lessor legal name] (Lessor) and [Broker legal name] (Broker), establishes the terms governing the commission payable by Lessor to Broker in connection the above referenced Request for Lease Proposal (RLP) and any resulting lease awarded by the Department of Veterans Affairs (VA).

Parties and Broker Role

The Broker is VA’s designated contract real estate broker for the lease acquisition support services identified in the applicable Broker Task Order. This Agreement is solely between the Lessor and Broker. VA is not a party to this Agreement and assumes no responsibility, liability, obligation, or payment duty under it, except to the extent expressly stated in the applicable RLP or executed lease.

Nothing in this Agreement authorizes the Broker to bind VA, commit VA funds, approve lease terms, make a Government determination, issue contractual direction, or act as VA’s agent for purposes beyond the Contractor support role stated in the applicable Broker Task Order and Performance Work Statement.

Commission

If VA awards a lease to Lessor under this RLP, Lessor shall pay the Broker a lease acquisition fee (Commission) for services provided in connection with the lease transaction. The Commission shall equal [spell out percentage] percent ([X.XX]%) of the Aggregate Lease Value, as defined below.

The Commission rate and calculation base shall not exceed any applicable limitation in the Broker Task Order, RLP, or executed lease. This Agreement does not modify those documents or authorize a different compensation method.

The calculation shall be based on the final executed lease documents and shall include or exclude rental components only as provided in that controlling definition, the RLP, and the executed lease. The Commission must be earned upon lease execution and is payable without further condition or contingency as follows: