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Res 030-91 2/5/1991RESOLUTION NO. JD- 97 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH JUDSON COMPANY D/B/A SEACOM TO MARKET THE PROPERTY AT 1000 SCOTT STREET WHEREAS, on December 7, 1990, the City began requesting proposals to market the property at 1000 Scott Street; and WHEREAS, six proposals were received in response to the Request for Proposals; and WHEREAS, Judson Company d/b/a SEACOM was determined to be the best qualified to market the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to enter into a contract with Judson Company d/b/a SEACOM to market the property at 1000 Scott Street, a copy of which is attached hereto. PASSED AND APPROVED this the 5th d o February, 19 M A Y O • ATTEST: 1?"5619'1.1 Ci y Clerk CONTRACT FOR MARKETING THE SEARS BUILDING This agreement made and entered into this 5th day of February, 1991, by and between the City of Wichita Falls, hereinafter called "City, " and Judson Company d/b/a SEACOM, hereinafter called "Contractor. " WITNESSETH: The parties hereto do hereby agree as follows: 1. Contractor shall be given the sole and exclusive right to list and offer for sale or lease the land and buildings at 1000 Scott Street. However, City has final approval of the sale or lease. 2. The term of this contract is for six (6) months from the date of this contract. City, at its option, may renew this contract for an additional six (6) months period upon like terms and conditions by written notification to Contractor at least thirty (30) days before the expiration of this contract. 3. All expenses related to the marketing program, except those expenses which are specifically approved by City up to a total amount of $2,500, shall be the responsibility of Contractor. 4. City shall pay Contractor $12, 500 for the sale or lease of the property or 5% of any amount up to $500,000 of the sales price and 3% of any amount in excess of $500, 000 of the sales price if Contractor sells the property or 5% of the amount of the lease if Contractor leases the property, whichever is greater. The payment to Contractor shall be made upon execution of the agreement to sell or lease the property. 5. City shall designate a contact for Contractor to acquire access to building as necessary. 6. Contractor shall provide City with monthly updates on efforts to sell or lease the property. 7. Contractor agrees not to discriminate against any potential purchaser, lessor or other party interested in the property on the basis of their race, color, religion, national origin, sex, age, handicap, or political belief or affiliation. 8. Contractor shall indemnify and hold City free of and harmless from and against any and all claims, liabilities, costs, fees, suit or suits, causes or action, damages or expenses, which may arise in respect of any claim or demand for any brokerage fees or agents' commissions or other compensation resulting from dealings with Contractor in connection with the property. CITY OF WICHITA FALLS By: James Berzina, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Judson Company d/b/a SEACOM BY: Title ATTEST: Witness