Approval and Authorization for the City Manager to sign Coldwell Banker's Right of Sale Listing Agreement.

Attached is the agreement to list the following properties identified in FPRA Resolution 16-R04 and City Commission Resolution 16-R18.  The rates are reflective of the RFP 16-012 awarded February 16, 2016.   This listing agreement reflects the prices and rates supplied in the RFP.    Review by the City Attorney indicated that three small modifications should be completed to the agreement prior to its signature, these are noted in the recommendation.

Approval with the following conditions:

• Paragraph 7(d) regarding indemnification of Broker by City should be deleted in entirety.
• Paragraph 9 should be clarified to state that the Broker is responsible for paying the Buyer's Broker 3% of the purchase price, and the City's Broker should consider revising this section to match the tiered fees.
• A paragraph be added to Paragraph 14 that states: Broker's performance under this Agreement shall (1) conform to the specifications and requirements of that certain Request for Proposal No. 2016-012 ("RFP"), which is incorporated by reference for all purposes, and (2) to the extent consistent with the RFP, shall conform with Developers' RFP Proposal dated January 11, 2016 ("Broker's Proposal") which was submitted by Broker in response to the RFP and is incorporated by reference herein for all purposes.  To the extent that the Broker's Proposal conflicts with the RFP, the RFP shall control.

Provide Staff direction
Denial 

Rebecca Grohall

Tony Barnes, Purchasing Director 
Nick Mimms, City Manager
Jim Messer, City Attorney