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Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to waive the reading of <br />the ordinance per City Charter and adopt Ordinance #11 -02 authorizing the sale of property <br />legally described on attached Exhibit A, contingent upon recording of Cross of Hope Addition <br />plat. <br />A roll call vote was performed by the Recording Secretary: <br />Councilmember Jeffrey aye <br />Councilmember Wise aye <br />Councilmember McGlone aye <br />Councilmember Backous aye <br />Councilmember Elvig aye <br />Co.uncilmember Tossey aye <br />Mayor Ramsey aye <br />Motion carried. <br />7.03: Revised Real Estate Services Agreement for Bury & Carlson Site <br />Development/Marketing Manager Backman reviewed the staff report. He added there are three <br />alternatives the City could be looking at in compensation for Mr. LaFavre. One option is to <br />leave the compensation as proposed at 5 %. This would be based on the current assessed value of <br />$1,266,000. The second option is to pay for services rendered to date. There would be an hourly <br />fee. The third option is to pay an hourly rate on the first 60 hours, and a 2% rate on the assessed <br />value at closing. The hourly rate would be paid whether the project moved forward or not. The <br />first option of a 5% fee is paid on contingency. Development/Marketing Manager Backman <br />explained there are a few options for proceeding. The first is to look at selecting one of the <br />above three options. The second option is to deny all proposed options. The third is to wait and <br />see what develops. He noted he has told Mr. LaFavre he is at risk, and if the Council does not <br />approve compensation, he is out the time he has put in. He indicated Mr. LaFavre recognizes <br />this. <br />Mayor Ramsey clarified the cap is 2% plus 60 hours in the third option. <br />Development/Marketing Manager Backman answered in the affirmative. He further clarified if <br />there was a joint broker fee, the buyer would be responsible for their side of the joint broker. <br />Councilmember Elvig inquired what Mr. LaFavre brought to the table. <br />Development Marketing/ Manager Backman responded Mr. LaFavre is making suggestions on <br />how to approach the company in working with the lease, and is putting together materials <br />regarding important items about the lease. He is helpful in the overall deal making. <br />Motion by Councilmember Elvig, seconded by Mayor Ramsey, to approve a revised commercial <br />exclusive listing agreement with Integrust Advisory Group pertaining to the Bury & Carlson site <br />that is limited in scope to the current prospect including an hourly rate on the first 60 hours, and <br />a 2% rate on the assessed value at closing <br />City Council / February 22, 2011 <br />Page 5 of 9 <br />