CCP 09-22-2009 - Laserfiche WebLink

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MBG COMMERCIAL EXCLUSIVE 4725 Excelsior Boulevard, Suite 500 Minneapolis, MN 55416 LISTING AGREEMENT - SALE (952) 9224405 a.) The Buyer must state and/or describe its specific intended use for the property. b.) Any Purchase offer must state that Seller's acceptance of said offer will be contingent upon the approval by vote of the City Council of the City of New Brighton. 4. BROKER'S Scope of Services. SELLER hereby grants BROKER, during the Term, the exclusive right to market and sell, exchange or convey the Property at the price and on the as mutually agreed upon by SELLER and BROKER. It is agreed that SELLER shall promptly furnish BROKER with complete information concerning any person who during the Term of this Agreement makes inquiry to SELLER regarding the sale, exchange or conveyance of the Property. To the extent that SELLER fails to refer any such inquiry to BROKER or prevents or requests BROKER to refrain from contacting or delivering written marketing materials to any such party, such party shall be deemed a Protected Party (as defined below). BROKER shall have the primary responsibility for all negotiations, but SELLER reserves the right to negotiate directly with any prospective purchaser. BROKER will not have the authority to accept any offer or proposal or to enter into any commitment on behalf of SELLER. 5. Representations, Warranties and Covenants by SELLER. SELLER hereby represents, warrants and covenants to BROKER as follows: A. SELLER has the requisite power and authority to execute this Agreement. B. SELLER is the lawful owner of good and marketable fee simple title to the Property and has the right, free and clear of any restrictions, to convey the Property. C. As of the date of this Agreement, SELLER has not received notice from any municipality or other governmental agency of building, health or fire code violations nor notice of condemnation proceedings pertaining to the Property. D. No hazardous waste or substances have been, or are going to be used, stored, handled or disposed of on the Property. SELLER covenants to promptly notify BROKER of any such notices or information regarding hazardous waste or substances pertaining to the Property, which are hereafter received or learned during the Term of this Agreement. E. No underground storage tanks are, or will be, situated on the Property. F. SELLER covenants that it will pay for all legal services in the preparation and negotiation of all agreements memorializing the transaction between SELLER and the prospective purchase of the PROPERTY. SELLER agrees to hold BROKER harmless from any liability, damages, costs and expenses arising from the untruth of any of the representations and warranties or the breach of any of the foregoing covenants. i6. BROKER'S Access to the Property. SELLER shall permit BROKER to enter the Property from time to time to erect and maintain a "FOR SALE" or "FOR LEASE" sign on the Property 4