2018-10-17 EDA Packet - Laserfiche WebLink

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EXCLUSIVE SALE LISTING AGREEMENT This Exclusive Sale Listing Agreement("Agreement")is entered Into on October 12,2016("Effective Date"),by and between Welsh Companies,LLC d.b.a.Colliers International(Minneapolis—St.Paul("Colliers")and City of Centerville as owner("Owner"). 1. Colliers as Exclusive Selling Agent. Owner hereby appoints Colliers as sole and exclusive agent for the sale of the real property comprised of 7.30 acres located in Anoka County, Minnesota(the"Property")and legally described on Exhibit A.attached hereto,with all improvements now or hereafter made on or to the real property. Owner agrees to promptly disclose to Colliers any personal property to be included in the sale. 2. Term and Extension. Commencing on the Effective Date and continuing through March 31,2017(the"Term'. If during the Terre of this Agreement,an escrow is opened or negotiations involving the sale,transfer,or conveyance of the Property have commenced or are continuing, then the Term of this Agreement shall be extended through the termination of such negotiations or consummation of such transaction for a period not to exceed one-hundred and eighty(180)days. 3. Tenns of Sale. The offering price of the Property shall be TBD Dollars($TBD),which shall be payable,at the option of the purchaser,in cash or cash and assumption of any existing assumable loan.Any offer to purchase the Property may contain normal and customary contingencies such as the purchaser's approval of a preliminary title report,survey, soils test,feasibility study and existing leases. Other terms include the following:Cash or other terms agreeable to Seller. 4. Negotiations and Cooperation. All inquiries and offers which Owner receives shall be referred to Colliers and all negotiations shall be conducted solely by Colliers or under its direction. Owner shall cooperate fully with Colliers and shall provide Colliers access to the Property at all reasonable times. 5. Advertising. Colliers is authorized to publish this listing or otherwise advertise the space in the Building and promote the sales/leasing of such space by signs, circulars and mailings, and by engaging in other appropriate forms of advertising,all of which shall be subject to the mutual agreement of Owner and Agent as to its extent,form and content, and as to the sharing of the cost of such advertising. Owner understands and agrees that the information contained in this Agreement or otherwise published for marketing purposes is not confidential,and will be available to third parties, including prospective tenants or purchasers, other members of Colliers who do not represent Owner and who may represent prospective tenants or purchasers, and other parties granted access to Owner's listing information. 6. Cooperation With Other Brokers. Owner understands and agrees that Colliers may, when appropriate, solicit the cooperation of other real estate brokers and, regardless of whether the cooperating broker is the broker of the purchaser, Owner, neither or both, Colliers may pay them from commissions that are received by Colliers under the terms of this Agreement. 7. Commissions. Owner hereby agrees to pay a commission or commissions to Colliers in accordance with the Schedule of Land Sale Commissions attached to this Agreement as Exhibit B and by this reference made a part hereof, and in accordance with the payment provisions set forth in Section 8 of this Agreement. Owner shall pay a commission to Colliers upon the occurrence of one of the following events: a) During the Term (i) Colliers,Owner,or any other person or entity procures a purchaser who is ready, wiling and able to purchase the Property on the terms set forth in Section 3 hereof,or on other terms acceptable to Owner;or(ii)Owner,through any person or entity other than Colliers,enters into any other contract to transfer or exchange the Property or any interest therein or grants an option to purchase the Property to any person or entity;or b) Within one hundred eighty(i80)days after expiration of the Term,Owner sells or exchanges, or enters into any contract to sell or exchange,the Property or any interest therein;or Owner grants an option to purchase the Property; or negotiations commence and continue leading to the sale or exchange of, or an option to purchase,the Property or any interest therein to any person or entity to whom Colliers submitted information regarding the availability of the Property for sale or with whom Colliers negotiated or discussed potential terms of such a sale,or any person or entity who submitted to Owner through Colliers a written offer to purchase the Property(all"Prospective Purchasers"). Such commission shall be paid within ten (10) days after closing 41 0'._'