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CCR1983310RESOLUTION #310-83 APPROVAL OF RENEWAL OF CONTRACT BETWEEN CITY OF MUSKEG0 AND MOONEY & ASSOCIATES, LTD. (Industrial Park) WHEREAS, the City of Muskego has previously executed a contract with Mooney 6 Associates, Ltd. as real estate agents for the City's BusinessIIndustrial Park; and WHEREAS, it is necessary to renew the contract; and WHEREAS, the Finance Committee has recommended that the contract be renewed. NOW, THEREFORE, BE IT RESOLVED that the Common Council of Committee, does hereby approve the proposed contract for the the City of Muskego, upon the recommendation of the Finance term of one year between the City and Mooney & Associates, Ltd. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the contract in the name of the City after approval by the City Attorney. FINANCE COMMITTEE Ald. Edwin Dumke Ald. Mitchel Penovich \ L LIL Ald. Charles Colburn ATTEST : City Clerk LISTING CORTRACT e THIS AGREEi.lEP!T is made between i.iOOMEV 81 ASSOCIATES, LTD. (hereinafter e referred to as "Broker"! and the CITY OF tIUSI(FG0 (hereinafter referred to as "City"): The City hereby gives the Broker the sole and exclusive right to procure purchasers for lots and acreage in that certci;) property in the City of Nus!tego owned by the City and known as the hskego Industrial Park, which property is locateri on kine Avenue (County Trunk Highway "Y"), in the City of 2usltego, P!aultesha County, Uisconsin. TERi.3 OF SALE: The sales price 0.i each lot or acreage shall be determined by the City after recormendations by the Broker, but in no case 0 shall the minimum sale price o? my lot or acreage he less than Twenty-Four Thousand ($24,000.) Dollars for any lots uithin the Industrial Park with the fol1o;Iing exception: Lots 1, 2, and 3 in 3lock 2 have soil problem vhich uill be very expensive to cure .in addition to several acrs af v!htzr. F!o minilr.um :Jill LIE cishb1ls;xd cn these parcals. O.7fct-s tc pu;c!iar? tiles:: parcels will be reviwed O;I their iilr'ividual %i-its. T,:e sales price of any loi or xrwgc s3iiil include sanitary severs, and !nu!licipai water services, also pzcd str:&ls and stor,n x:'m-s !.!here cker,ied necessary cy the City. !':o further rwicip?,l ir,r;rovements for which spo,cial assessments may be 1CJied are at the present time contemplated by the City. If a sale or exchange is made or a purchaser procured by the Broker at the price and upon the terms specified herein, or at any other terms, and the price accepted by the City during the term of this Contract or if sold or exchanged within six (G) months after the .ier~~~ina.tioI~ of the sarlE to anyone uith uhom the Cro!:er negotiated durinq the term of this Contract awl ukosc name the Broker has submitted to Seller in uriting prior to the expirstion date of this Contract, the City uill pay to the Bro!ter a commission of ten (10%) percent of the sales price. The Broker agrzes that he will encourage other brokers to sell lots in the Industrial Par!( and in the event a Co-Rrolter shall negotiate a sale, the commission shall be as agreed to between Broker and Co-Broker. In the event the City should sell a parcel or lot directly mthout thr? assistance of the Broker, a comission in the amount of ten (10%) percent shall be paid Broker. 8 a. - ^-i Lfsting Contract-City of Luskego Page 2 0 A11 deposits paid to the Broker shall be retained 5y him in a trust * account and if forfeited by the Buyer, said money shall first pay for cash advancements made by the Broker and one-half (1/2) the balance, but not in excess of the cornission agreed on, shall belong to the Bro!ter; the balance shall belong to the Seller. The Broker shall use its best efforts to procure purchasers for the property loccted in the Industrial Park and in addition to usual methods of advertising, shall engage in such other promotional activities as it deems necessary to promte sales in the Park. This Agreement is for the term of one (1) year and can be terminated by a ninety (SO) day notice by any party. Dated this 22nd- day of 3 A”dh 1 ~ 1983. NOOKEY & ASSOCIATES, LTD. CITY OF FIUSKEGO BY : City Clerk