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HomeMy WebLinkAbout90- Mandeville Auction and Real Estate ..-- . . . ... LETTER OF ENGAGEMENT THIS AGREEMENT is entered into this 28th day of February 1990, between the CITY OF BOZEMAN, a municipal corporation, hereafter known as "Seller", and MANDEVILLE AUCTION SERVICE and MANDEVILLE REAL ESTATE, INC., hereafter known as "Agent". Seller hereby employs Agent, after advertising in accordance wi th their usual custom, to offer for sale at public auction on March 14, 1990, the following described property: See Exhibit "A" attached hereto and incorporated herein. The property interests are to be offered on the following terms: Cash or financing agreed. The successful bidder shall, immediately upon the conclusion of the auction, deposit with security Title Company of Gallatin County, Inc. , in cash, the sales price or 50% thereof. Seller agrees to pay certain promotional expenses, closing costs, and attorney fees involved with promoting and consummating the sale of the said property to which. the Seller has approved. Agent agrees to exert their best efforts to secure a buyer for the property at the auction sale and to conduct the sale on behalf of the Seller. In the event a written agreement is executed for the sale of any parcel of property, Seller agrees to pay you in cash a commission equal to 9.0% of the sales price. The sales price specifically excludes the computation and payment of future SID's. Seller agrees to authorize agent to spend up to $1,650.00 toward promotion of the sale. The Agent agrees to supply the Seller with any and all records relating to the sale, including but not limited to, registered bidders and prospective buyers. Seller agrees not to accept prior to the auction any offers received on the properties being offered for auction. This agreement expires at midnight on March 14, 1990. OWNER HEREBY AUTHORIZES ESCROW AGENT, OR ANY OTHER PERSON HOLDING DOCUMENTS REQUESTED BY AGENT, TO DISCLOSE TO THE AGENT ANY DOCUMENT HELD, AND THE TERMS THEREOF. This is an exclusive listing and Agent is hereby granted the absolute, sole and exclusive right to sell the described property on March 14, 1990. The civil Rights laws of the United States prohibit housing discrimination on the basis of race, religion, sex, national origin, or color. All parties to this contract shall deal in a free and open manner according to said laws. .. . . ~ ~ ~ ~ I ! This agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, administrators, successors, and assigns. This agreement constitutes the entire contract between the parties and there are no oral representations or understandings other than the terms set forth herein. Any changes to be effective shall be in writing and signed by both parties. Agent shall receive its commission within fourteen (14) days after receipt by City, of the sales proceeds. However, Agent must submit its bill to the city by March 21, 1990. Agent hereby indemnifies and holds Seller harmless from any and all claims, causes of action, demands, and damages including attorney fees which Seller is requested to pay arising out of the omissions or negligence of the Agent in the sale of these lots. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. SELLER: CIT~ZEMAN W ' BY: ~ ~ ~ AGENT: MAN~ AUCTION S~d& BY · III /t(a {7 I. MANDEVILLE REAL ESTATE, INC. BY: ~;./ff ~4~-c"'47 ;:-..~,/,...~