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1 <br /> <br />THIRD AMENDMENT TO <br />LISTING AGREEMENT <br /> <br /> <br />THIS THIRD AMENDMENT (the “Third Amendment”) made and entered into as of <br />the ________ day of ______________, 2017, by and between the City of New Brighton, a <br />Minnesota municipal corporation, having its principal offices at 803 Old Highway 8 NW, New <br />Brighton, Minnesota 55112 (“City”) and Welsh Companies, LLC, dba Colliers International, <br />having its principal offices at 4350 Baker Road, Suite 400, Minnetonka, Minnesota 55343 <br />(“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 entered into a Frist Amendment to the Listing Agreement <br />(“First Amendment”) that extended the term of the Listing Agreement to December 31, 2014; <br />and <br />WHEREAS, City and Agent entered into a Second Amendment to the Listing <br />Agreement (“First Amendment”) that extended the term of the Listing Agreement to December <br />31, 2017 and replaced Exhibit B of the Listing Agreement; and <br />WHEREAS, City and Agent desire to amend the terms and conditions of the Listing <br />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, 2019; provided, however, that this Agreement may be <br />terminated earlier in accordance with the provisions of paragraph 9 hereof. <br /> 2. Paragraph 7 of the Listing Agreement is amended by adding Mike Doyle and <br />Teresa Lingg to the existing list of those that shall not be considered a Non-Listing Agent. <br />3. All other terms and conditions not expressly modified by this Third Amendment <br />shall continue in full force and effect. <br />(the remainder of this page intentionally left blank; signature pages follow)