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1 <br /> <br /> <br /> <br /> <br /> <br />AUTHORIZATION FOR EXCLUSIVE LISTING - SALE TRANSACTION <br /> <br />City of Little Canada ("Owner") hereby appoints Avison Young – Michigan LLC, or its nominees, associates or affiliates <br />(collectively “AY”) as its sole agent and grants to AY the exclusive right to sell the real property described below <br />(“Property”). <br /> <br />i. PROPERTY: Located at 53 South Owasso Boulevard West and 167 South Owasso Boulevard West in the city of <br />Little Canada, County of Ramsey, State of Minnesota, as more particularly described in Exhibit “A” attached <br />hereto and by reference incorporated herein, including all buildings and improvements thereon and all fixtures <br />and appurtenances, (all of the foregoing being collectively referred to hereinafter as the “Property”). <br /> <br />ii. LISTING PRICE: The Property shall be offered unpriced (the “Listing Price”) and shall be payable upon the <br />following terms and conditions: Cash or conventional financing. The Owner is not obligated to accept any <br />purchase agreement from AY until the terms of said purchase are approved by the Owner’s City Council. <br /> <br />iii. TERM: The term of this Agreement begins on December 13th, 2016 and will end at midnight on December 12th, <br />2017. This agreement shall be cancellable by either party with 30 days’ notice. <br /> <br />iv. SERVICES: AY will enlist the best efforts of its firm to secure a satisfactory purchaser(s) for the Property at a <br />sales price to be determined by Owner and/or on such other terms as are acceptable to Owner in its sole <br />discretion. If AY deems it necessary, AY will also solicit the cooperation of other licensed real estate brokers. AY <br />will negotiate the terms of any sale on behalf of Owner and in Owner’s interest. <br /> <br />v. AGENCY RELATIONSHIP DISCLOSURE: Unless subsequently modified in writing by both Owner and AY, by <br />entering into this Agreement an exclusive agency relationship will exist between Owner as seller and AY as <br />agent. AY designates Bruce Bahneman, and Matt Angleson, as Owner’s designated agents pursuant to this <br />Agreement. AY reserves the right to substitute other qualified representatives for the above-referenced <br />designated agent(s) upon written notice to Owner. <br /> <br />vi. OWNER REFERRALS: Owner will refer to AY all inquiries and offerings received by Owner regarding the <br />Property, and negotiations will be conducted solely by AY or under AY’s direction, subject to Owner's review <br />and final approval. <br /> <br />vii. ADVERTISING: Owner authorizes AY to advertise and to place signage on the Property. AY, at its expense, will <br />provide its standard signage. Any additional advertising and promotion will be done at Owner’s expense <br />pursuant to a program and budget agreed upon by Owner and AY and will identify AY as exclusive agent of <br />Property. The Owner consents to the collection, use, and disclosure of information by the Brokerage for the <br />purpose of listing and marketing the Property. <br /> <br />viii. COMMISSION: If, during the term hereof, Owner sells all or any interest in the Property, Owner will pay to AY <br />a commission in accordance with the attached Commission Schedule. Within 30 days after the end of the <br />term, AY will provide to Owner a written list of prospective purchasers (the "List") to whom the Property was <br />submitted (by AY, Owner or any third party) during the term. If a prospective purchaser, appearing on the List, <br />enters into a purchase contract or option to purchase the Property within 180 days after the end of the term, <br />and the purchase thereafter closes, Owner will pay a commission to AY as provided above. <br /> <br />ix. OUTSIDE BROKERS: If AY recognizes an outside broker representing the purchaser in a transaction for which a <br />commission is payable hereunder, AY will request such broker to agree to accept, as its compensation, the <br />commission computed and payable in accordance with the annexed Schedule, and if such other broker so