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Home My WebLink AboutRES.895.02-07-1994 BILL NO. 94-22 RESOLUTION NO. �,��% A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LISTING AGREEMENT WITH ERA CAPE REALTY GIVING THAT FIRM THE EXCLUSIVE RIGHT TO SELL CITY-OWNED PROPERTY LOCATED AT 3207 BERNICE STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a listing agreement with ERA Cape Realty giving that firm the exclusive right to sell City-owned property located at 3207 Bernice Street. A copy of said Listing Agreement is attached to this Resolution and made a part hereof. i PASSED AND ADOPTED THIS i��1� DAY OF �� '�� , 19 `�. ; � '�� l �L.;��..�: i Fra-n�-i-s—�:--�iodes, Ma� y�-;; T:, 1._Y''i,lf .� �;;Kr":2tis i. - ATTEST: ' t� ,, k. _>f' �'�� r, C� Gayle_� L. Conrad Deputy City Clerk /\ Listing No.: M:R Missouri Association of REALTORS� LISTIRIG AGREEMENT (EXCLUSIVE RIGHT TO SELL) / , ,9 � In consideration of your fforts to fin a bu for the property known as , Owner appoints (hereinafter referred to as Broker) as the sole and exclusive agent with exclusive right to s I, for the pur,pose f finding buyers for the period ending at %�U p.m. on the day of , 19�at the sale price of$ and terms pf cash a� or with Owner's consent,for lesser sum or on other terms. If a ready, willing and able purchaser is procured by e Broker by the Owner or any other person during the time this agreement is in force, the Owner shall pay to said Broker �0a• 1 U (% of sales price or dollar amount) as Broker's commission due. Such compensation shall be paid if prop rty is sold, conveyed, or otherwise transferred within ��days after the termination of this agreement or any extension thereof to anyone with whom the Broker has submitted the property during the exclusive or exclusive agency listing period; provided Owner has received notice in writing, including the name of prospective purchasers, before or upon termination of this agreement or any extension thereof. However, Owner shall not be obligated to pay such compensation if a valid listing agreement is entered into during the term of said protection period with another licensed real estate broker and the sale, lease or exchange of the property is made during the term of said protection period. In the event of an exchange of the above property for other real property which is negotiated by the said Broker, the same commission rate shall be paid. GENERAL CONDITIONS 1. Owner to furnish a complete abstract showing merchantable title or to furnish a policy of title insurance and will convey said property if and when sold by a good and sufficient Warranty Deed. 2. The Owner to pay in full all State, County and Municipal taxes and assessments, general and specific, which are a lien on said property except taxes for this calendar year which shall be prorated as of the date of delivery of the deed. If the amount of taxes cannot be ascertained, proration shall be computed on the amount of general taxes for the preceding calendar year. 3. The Broker is hereby authorized by the Owner to accept a deposit to be applied on the purchase price and to place said deposit in escrow account until closing of the transaction. 4. Owner (if an Exclusive and Sole Agent or an Exclusive Agency) hereby authorizes Broker, or Broker's representatives: (A) to file a part or all of the information set forth in this Listing Agreement with the Multi-Listing Service for dissemination to other multi-listing participants in accordance with the rules of said service and any agreements between Broker and individual participants and to provide such participants, the local Board of REALTORS�, its members, member's prospects, appraisers, and other professional users of real estate sales data, with sales information, including the selling price and property address, both prior and after the final closing of any sale of said property; (B) to offer compensation to subagents of Broker or Buyer's agents and to aliow same to show said property; and (C) to place a "For Sale" sign on said property, , and to otherwise advertise said property in any manner deemed wise by said Broker. 5. Owner authorizes Broker to allow prospective purchasers to take photographs or video tapes of the interior and exterior of the improvements located on the real estate, provided that the Broker, his agent or a cooperating Broker is present at the time of taking and that the photographs or video tapes shall be for the sole use of the prospective purchaser. 6. "Facsimile signatures",as that term is commonly used with reference to facsimile machines used in transmitting documents, signatures, photocopies, etc., shall be and hereby are declared by all parties to this Contract to be the same as original signature to this contract; a facsimile of this Contract, including the signature portion thereof, shall be treated and relied upon by all parties hereto as an original contract and an authentic signature with the same legal force and effect as though the facsimile is in fact the original document to which a genuine signature has been affixed. 7. This property is offered without respect to race, color, religion, sex, handicap, familial status or national origin of any proposed purchaser. 8. Pursuant to this agreement Broker will be acting in the capacity of Seller's-agent; however, Seller acknowledges that from time to time, a prospective Buyer may hire Broker to serve in the capacity of the Buyer's agent. In those circumstances, unless indicated to the contrary by marking the blank below, Seller agrees that Broker may show the property to the prospective Buyer, serving as a dual agent, with the undersigned or other of its associates representing the Buyer as well as the Seller. As a dual agent, Broker has the duty to make a full, fair and timely disclosure of all material facts and information within Broker's knowledge or readily available to the Broker which might in any way affect either the Seller's or the Buyer's rights and interests or otherwise influence either party's actions or decisions in connection with the contemplated transaction. Notwithstanding the foregoing, to the extent that confidential information has been previously communicated to Broker by either party, it is agreed that Broker is not required to disclose (and Broker will not disclose) such information to the other party. For example: Broker will not disclose to the Buyer that the Seller will accept a price less than the listed price, and will not disclose to the Seller that the Buyer will pay a sum greater than the price offered; and Broker will not disclose information relating to prior offers and counteroffers involving the parties, nor information relating to either party's motivation to enter into the transaction. (Place an "X" i th blank below). _� Seller DOES consent to Broker serving in the capacity of a dual agent, representing both Seller and the Buyer, and accordingly, Broker is authorized to show the property to buyers represented by Broker. Seller DOES NOT consent to Broker serving in the capacity of a dual agent, representing both Seller and Buyer, and accordingly, Broker is not authorized to show the property to buyers represented by Broker. In the event of nonperformance by a purchaser, through no fault of the Broker, and the earnest money paid on the property is surrendered by the Buyer to the Seller, said earnest money shall go first toward reimbursing expenses of Seller or Seller's agent incurred in this transaction and the balance to be paid one-half (1/2) to Seller and one-half (1/2) to Broker in lieu of commission provided, however, the said Broker shall in no event receive any sum of money for his services greater than the amount agreed to as commission. The Owner acknowledges that the efforts and endeavors of the broker to procure a purchaser, through advertising, co-brokers or otherwise,shall constitute good and sufficient consideration for this agreement. It is understood and agreed that the appurtenances checked on the attached Property Data Form are to be considered as part of the property and their value included in the listed price of the property. The Owner acknowledges receipt of one copy of the Contract. This is a legally binding contract,if not understood,seek competent advice. LISTING ACC�FPTED L� Broker Owner gy SS#or Federal ID# Owner SS#or Federal ID# Approved by Legal Counsel for the Missouri Association of REALTORS�. Form RE521;Printed and for sale by the Missouri Association of REALTORS�, P.O.Box 1327,Columbia,MO 65205-1327 Revised June,1993. REALTOR�