SUPRA KEY (ENTRY CARD) LEASE AGREEMENT
This Agreement is made and entered into by and between the Central Susquehanna Valley Board of REALTORS® Multiple Listing Service Inc. (hereinafter referred to as “CSVBR-MLS”), a Pennsylvania Corporation; and
__________________________________________________ DESIGNATED REALTOR®/MEMBER*,
(Name of Broker of Record)
of _________________________________________________________________________; and
(Name of Agency/Company/Corporation)
_____________________________________________________ sales associate of DESIGNATED
REALTOR®/member, (hereinafter referred to collectively as “Cardholder”), upon the following terms and conditions.
1. COSTAND FEES.
a. Refundable Deposit. Cardholder shall deposit with the CSVBR-MLS the sum of $200 (hereinafter referred to as the “Deposit”), to be held by the CSVBR-MLS for the lease and issuance of a SUPRA KEY which will allow Cardholder to gain entry to electronic keyboxes authorized for use by the CSVBR-MLS Cardholder and DESIGNATED REALTOR®/members and/or Subscribers of other Association/Boards (“Participating Association/Boards”) who participate in the CSVBR-MLS or any other Multiple Listing Service (“MLS”).
The Deposit shall be returned within 30 days of having received the SUPRA KEY issued to Cardholder, provided no breach of this agreement has occurred.
Breach of any of the provisions of this lease shall entitle the CSVBR-MLS to retain the Deposit as liquidated damages, without prejudice to any other remedy available to the CSVBR-MLS, in law or in equity
INTEREST EARNED BY THE CSVBR-MLS ON THE DEPOSIT SHALL BE RETAINED BY THE CSVBR-MLS AS PARTIAL CONSIDERATION FOR ITS SERVICE AS SET FORTH HEREIN. CARDHOLDER HEREBY WAIVES ANY CLAIM TO ANY INTEREST ON THE DEPOSIT.
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* DESIGNATED REALTOR®/member means a licensed real estate broker or certified appraiser duly licensed by the Pennsylvania Real Estate Commission (PREC”) and is an active REALTOR® member of the CSVBR or another Association/Board that participates in the CSVBR-MLS.
b. Non-refundable Set Up Fee. A fee of $50.00 shall be required of all new Cardholders to the system. The fee represents a non-refundable programming and set up fee for services rendered by the CSVBR-MLS. The CSVBR-MLS Board of Directors shall establish the fee annually. This fee will be collected no later than at the time of issuance of the SUPRA KEY.
c. System Access Fee. During the lease term, each Cardholder agrees to pay the system access fee by the 15th of each month or no later than 15 days of the due date. The system access fee is a monthly fee, as determined from time to time by the CSVBR-MLS, for use of the SUPRA KEY by and for participation of Cardholder in the electronic keybox program. The amount of the access fee and change date shall be at the sole discretion of the CSVBR-MLS. The access fee for 2009 shall be included in the monthly ‘per licensee fee’.
At the discretion of the CSVBR-MLS, if Cardholder is a DESIGNATED REALTOR®/member and/or Subscriber of the CSVBR-MLS, the system access fee may be included in Cardholder’s monthly subscriber fees.
The failure of Cardholder to pay the system access fees after written notice of default to Cardholder and Cardholder’s failure to pay within 48 hours of date of notice, entitles the CSVBR-MLS to terminate this lease and all further rights of Cardholder to use the SUPRA KEY. Cardholder must return the SUPRA KEY in accordance with paragraph two below.
2. Return of SUPRA KEY: Cardholder shall return the SUPRA KEY within 48 hours of receiving a written request by the CSVBR-MLS to return the SUPRA KEY; or, within 5 days of the occurrence of the any of the following events:
a. Termination of Cardholder. In the event Cardholder either voluntarily or involuntarily is no longer associated with either the Central Susquehanna Valley Board of REALTORS® (“CSVBR”) or the CSVBR-MLS, or if Cardholder was issued a CSVBR-MLS SUPRA KEY under a reciprocal arrangement with another Association/Board of REALTORS® and Cardholder’s affiliation with that Association/Board of REALTORS® has terminated either voluntarily or involuntarily.
b. Termination of Affiliation. Termination of Cardholder’s affiliation with DESIGNATED REALTOR®/member for any reason.
c. Death of Cardholder. In the event of the death of DESIGNATED REALTOR®/member or of Cardholder, then DESIGNATED REALTOR®/member’s or sales associate’s heirs or personal representatives shall surrender the SUPRA KEY to the CSVBR-MLS within thirty (30) days after written request to the decedent’s last known residential address and shall be entitled to a return of the Deposit. Failure to return the SUPRA KEY as provided herein shall entitle the CSVBR-MLS to retain the Deposit, in its sole discretion, as liquidated damages.
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3. Security of SUPRA KEY. Cardholder agrees:
a. To keep the SUPRA KEY in Cardholder’s possession or in a safe place at all times.
b. To keep Cardholder’s PIN number separate and apart from the SUPRA KEY.
c. To keep Cardholder’s PIN number separate from Cardholder’s SUPRA KEY carrying case at all times.
d. To not divulge Cardholder’s PIN to third parties including but not limited to sales associates, any entities, individuals or persons.
e. To not loan the SUPRA KEY to any person, for any purpose or time period whatsoever, or to permit the SUPRA KEY to be used for any purpose by any other person.
f. To not duplicate the SUPRA KEY or to not allow any other person to do so.
g. To notify DESIGNATED REALTOR® /member and the CSVBR-MLS immediately of the loss or theft of the SUPRA KEY and the circumstances surrounding such loss or theft. Loss or theft of the SUPRA KEY will entitle the CSVBR-MLS to retain Cardholder’s Deposit as liquidated damages.
h. FAILURE TO ADHERE TO THE FOREGOING SECURITY PROCEDURE WILL RESULT IN THE IMPOSITION OF A $500 FINE AND/OR ANY OTHER FINES, INCLUDING BUT NOT LIMITED TO THOSE FINES SET FORTH IN THE ATTACHED ELECTRONIC KEYBOX AND SUPRA KEY (ENTRY CARD) RULES AND REGULATIONS.
4. Inspection. Cardholder agrees to submit the SUPRA KEY for inspection at the CSVBR-MLS’ office within 48 hours after receipt of written notice of such request, and at any other time upon oral request by the CSVBR-MLS if the CSVBR-MLS believes that the integrity and security of the electronic keybox system is in jeopardy, which shall be at the sole discretion of the CSVBR-MLS.
5. Audits. The CSVBR-MLS may, at its sole discretion, require and Cardholder shall submit to an audit of all SUPRA KEYS.
6. Reimbursement. DESIGNATED REALTOR®/member or Cardholder agrees to reimburse the CSVBR-MLS for any and all expenses including but not limited to reasonable attorney’s fees, costs, and expenses incurred by MLS to enforce the terms of this agreement. Cardholder agrees to pay all costs and expenses incurred by the CSVBR-MLS together with reasonable attorney’s fees with respect to enforcing the terms and provisions of this agreement including but not limited to legal and other expenses incurred by the CSVBR-MLS.
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7. Authorization. Cardholder shall secure written authorization from the seller, via the listing agreement signed by the seller, and/or tenant (if required by the tenant lease), in possession of any property listed for sale or lease, prior to the installation of an electronic keybox on such property.
8. Keybox Office Procedure. DESIGNATED REALTOR®/member shall be solely responsible for establishing his/her own interoffice procedures and/or protocols established for the security of the client and the proper use of the Electronic Keybox and SUPRA KEY
9. Notices. Any notice required under this agreement shall be sent to the addresses of the undersigned as set forth on signature page 6 and to CSVBR-MLS as follows:
P. O. Box 357,
10. DESIGNATED REALTOR®/member’s/Cardholder’s Responsibility. DESIGNATED REALTOR®/member affirms by co-signing this agreement that Cardholder is affiliated with DESIGNATED REALTOR®/member, that Cardholder is a real estate licensee duly licensed by the Pennsylvania Real Estate Commission (PREC”) or a certified appraiser duly licensed by the State Board of Certified Real Estate Appraisers.
DESIGNATED REALTOR®/member is jointly and severally liable with sales associate for all duties, responsibilities, and undertakings as set forth in this agreement provide, however, that this agreement shall not be construed to make sales associate an employee of DESIGNATED REALTOR®/member.
11. Indemnification. DESIGNATED REALTOR®/member, non-principal broker, subscriber and/or sales associate agree that he/she is solely responsible for the security and safe keeping of his/her SUPRA KEY and shall indemnify, absolve and expressly hold harmless the CSVBR-MLS and the CSVBR-MLS Board of Directors from any and all liability, claims, causes of action, suits, obligations, or demands against the CSVBR-MLS and/or the CSVBR-MLS Board of Directors; the CSVBR and/or the CSVBR Board of Directors; DESIGNATED REALTOR®/member individually and/or DESIGNATED REALTOR®/member’s agency/office arising from any negligence associated with the use, misuse, or loss of the Electronic Keyboxes and the SUPRA KEY including but not limited to attorney’s fees incurred as a result of damage or injury to premises or person arising out of the use of the electronic SUPRA KEY.
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12. General Provisions.
a. This agreement is binding upon all parties, their heirs, successors and/or assigns.
b. This agreement or the SUPRA KEY may not be assigned and/or transferred.
c. This lease agreement with attached and executed Electronic Keybox and SUPRA KEY (Entry Card) Rules and Regulations represents the entire agreement made between the parties.
d. CSVBR-MLS reserves the right to amend and /or modify this agreement at such times and terms that it in its sole discretion shall decide.
15. SUPRA KEY RECEIPT: Cardholder hereby acknowledges receipt of the SUPRA KEY, Card Number ___________________________, and the personal identification number (PIN) from the CSVBR-MLS. Cardholder acknowledges that the SUPRA KEY is and shall be the sole property of the CSVBR-MLS.
DESIGNATED REALTOR®/MEMBER/CARDHOLDER OR
SALES ASSOCIATES CARDHOLDER
Executed at ____________________, Pennsylvania, this ___________ day of ___________, 20____.
Witness: ________________________________ _______________________________________
Cardholder’s Real Estate License #
Home Street Address
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Witness: ___________________________________ ______________________________________
Signature of DESIGNATED REALTOR® or
President of DESIGNATED REALTOR®’S
_______________________________________ DESIGNATED REALTOR®/member’s R.E. License #
Business Street Address
Business Telephone Number
CentralSusquehannaValley Board of REALTORS®
Multiple Listing Service Inc.
President or Vice President or Executive Officer
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