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CCR1984254RESOLUTION wm-84 APPROVAL OF RENEWAL OF CONTRACT BETWEEN CITY OF MUSKEGO AND MOONEY & ASSOCIATES, LTD. (Industrial Park) WHEREAS, the City of Muskego has previously executed a contract with Mooney & Associates, Ltd. as real estate agents for the City's Business/Industrial 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 after approval by the City Attorney. authorized to execute the contract in the name of the City FINANCE COMMITTEE Ald. Edwin Dumke Ald. Ralph Tomczyk ATTEST : 0 City Clerk LISTING CONTRACT c THIS AGREEMENT is made between MOONEY & ASSOCIATES, LTD. (hereinafter referred to as "Broker") and the CITY OF MUSKEG0 (hereinafter referred to as "City"): The City hereby gives the Broker the sole and exclusive right to procure purchoscrs for lots and acruaye in that certdin property in the city of Muskego owned by the City and known as the Muskego Industrial Park, which property is located on Racine Avenue (County Trunk Highway "Y"), in the City of Muskego, Yaukesha County, Wisconsin. TEHMS OF SALE: The Sales price Of each lot or .acreage shall be determined by the City after recomnendations by the Broker, but in no case shall the minimum sale price of any lot or acreage be less than Twenty-Four Thousand (524,000.) Dollars for any lots within the Industrial Park with the following exception: Lots 1, 2, and 3 in Block 2 have soil problems which will be very expensive to cure in addition to several acres of water. No minimum will be established on these parcels. Offers to purchase these parcels will be reviewed on their individual merits. The sales price of any lot or acreage shall include sanitary sewers, and municipal water services, also paved streets and storm sewers where deemed necessary by the City. No further municipal improvements for which special assessments may be levied are at the present time conten$l.ated by the Clty. 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 (6) months after the termination of the same to anyone with whom the Broker negotiated during the term of this Contract and whose the Broker has submitted to Seller in writing prior to the expiration date of this Contract, the City will pay to the Broker 8 conrnission of ten (10%) percent of the sales price. The Broker agrees thdt he will encourage other brokers to sell iots in the industrial Park and .In the event a Co-Broker shall negotiate a sale, the comnission shall be 8s agreed to between Broker and Co-Broker. In the event the City should sell a parcel Or lot directly without the assistance of the Broker, a comnission in the amount of ten (10%) percent shall be paid Broker. \ Llsting Contract-City of Muskego Page 2 All depostts paid to the Broker shall be retained by 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 comntssion agreed on, shall belong to the Broker; the balance shall belong to the Seller. The Broker shall use Its best efforts to procure purchasers for the property located In the Industrial Park nnd in addition to usual methods of advertising, shall engage in such other promotional actlvjties as it deems necessary to Pmte sales in the Park. This Agreerent is for the term of one (1) year and can be terminated by a ninety (90) dq~ nottce by my party. Dated this day of ,1984. 0 MOONEY & ASSOCIATES, LTD. BY : J. Michael Mooney President CITY OF MUSKEG0 BY : Mayor BY : I City Clerk .