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FIRST AMENDMENT TO <br /> LISTING AGREEMENT <br /> DATED JUNE 28, 2011 <br /> THIS AMENDMENT (the "Amendment")made and entered into as of the day of <br /> September, 2013, by and between the City of New Brighton, a Minnesota municipal corporation, <br /> having its principal offices at 803 Old Highway 8 NW,New Brighton, Minnesota 55112 ("City") <br /> and"Welsh Companies, LLC d/b/a Colliers International/Minneapolis-St. Paul", having its <br /> principal offices at 4350 Baker Road, Suite 400, Minnetonka, Minnesota 55343 ("Agent"). <br /> WHEREAS, City and Agent have entered into the Listing Agreement dated June 28, <br /> 2011 (the "Listing Agreement"); and <br /> WHEREAS, City and Agent desire to amend the Listing Agreement extending its term. <br /> Section 16 of the Listing Agreement requires that any amendment must be in a written <br /> agreement executed by City and Agent; and <br /> WHEREAS, City and Agent enter into this Amendment to amend the terms of the <br /> Listing Agreement. <br /> NOW, THEREFORE, in consideration of the foregoing, and in consideration of the <br /> mutual terms, covenants, conditions and agreements herein contained, City and Agent agree as <br /> follows: <br /> 1. The Listing Agreement is hereby amended by replacing Section 2 in its entirety <br /> with the following: <br /> Term of Agency. The term of this Agreement shall commence on June 28, 2011 and <br /> terminate on December 31, 2014; provided, however, that this Agreement may be <br /> terminated earlier in accordance with the provisions of paragraph 9 hereof. <br /> 2. All other terms and conditions not expressly modified by this Amendment shall <br /> continue in full force and effect. <br /> (the remainder of this page intentionally left blank;signature pages follow) <br /> 1 <br />