HomeMy WebLinkAboutCommercial Due Diligence Services; 2013-09-11; PEM1012PEM1012
FJATIFICATION OF AGREEMENT FOR SURVEYING SERVICES
(COMMERCIAL DUE DILIGENCE SERVICES, LLC)
THIS AGREEMENT is made and entered into as of the ( ('ff^ day of
ScpilUY^JriCA^ . 2013, but effective as of the 8*^ day of April, 2013, by and between the
CITYOF CARLSBAD, a municipal corporation, ("City"), and COMMERCIAL DUE DILIGENCE
SERVICES, a limited liability company, ("Contractor").
RECITALS
City requires the professional services of a consultant that is experienced in land title
services. Contractor has the necessary experience in providing these professional services, has
submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the temns and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period often (15) days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be perfonned will be three thousand nine hundred
dollars ($3,900). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. City reserves the right to withhold a
ten percent (10%) retention until City has accepted the work and/or the Services specified in
Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perfonn the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be underthe control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold hannless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly enployed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section wll survive the expiration or early tennination of this Agreement.
City Attorney Approved Version 1/30/13
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:Vll OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
OthenA/ise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General Liability which shall provide primary coverage to the
City. Contractor will furnish certificates of insurance to the Contract Department, -with •
endorsements to City prior to City'c oxocution of thio AgrGcmont'. ^
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will complywith all applicable local,state and federal laws and regulations prohibiting
discrimination and harassment and will obtoin and maintain a City of CQrloL>«9d Dubiiiess Liuense'-r^
foi tlibi leiiii uf 11 lib AyibibiiiU'liL
9. TERMINATION
City or Contractor may tenninate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the servbes have been delivered in accordance with the AgreemenL
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to
terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or
time schedule.
City Attorney Approved Version 1/30/13
(7
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the temns and conditions of this Agreement.
CONTRACTOR
COMMERCIAL DUE DILIGENCE
SERVICES, a limited liability company
By:
|sign here)
VArAcr^ . \/t-
(print nam^/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
nargeror Mayor-.Qf Director >:^yS^^-^.9. 6\
ATTEST:
r O;V
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups:
Group A.
Chairman,
President, or
Vice-PiBsident
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By:.
Assistant City Attorney
City Attorney Approved Version 1/30/13
"Exhibit A"
SURVEYING SERVICES PROPOSAL
The Crossings
For: City of Carlsbad
Attention: Tony Winney
April 8. 2013
Conrimercial Due Diligence Services, a division of FA Business Services, LLC
1700 S. Broadway, Building, Moore. OK 73160
No. ST City Address Improvements Not to Exceed
Acreage Quote A: Quote B:
1 CA Carlsbad
5800 The Crossings Drive
parcels 211-023-07 Yes 3.200 $3,900.00 $3,100.00"
Initial Here:
Scope of Senflces: Quote A ALTA Survey: 1 (except In states that require record monument platting). 2,3,4, 5,
6(b), 7(a), 7(bX1). 7(c), 8,9,11(b) (Obsen/ed evidence together with evidence from plans obtained from utility
companies or provided by client, and markings by utility companies and other appropriate sources), 13,14,16,18.
21,23 (to the extent possible, graphically depict on sun/ey drawing the zoning setback lines), and 24 (Graphically
depict In relation to the subject tract or property any offsite easements or servitudes benefitting the sun/eyed
property and diseased In Record Documents provided to the sun/eyor as part ofthe Schedule "A").
Note: Sun/ey wiil reflect Native American Burial grounds, when proper documentation Is provkled.
Scope of Services: Quote B: Create a meets and bounds and file a record of survey, if required.
Accepted:
By or on behalf/o|( ^ity^f Carlsbad
V S- /3
Date
Conrtmercial Due Diligence
Invoice 1700 South Broadway, Bldg. E
Moore, OK 73160
City of Carisbad
Tony Winney
405 Oak Avenue
Carlsbad, CA 92008
Invoice No.
Project Name
CDS Job Number
Client Reference
130307643
The Crossings
13-03-07643
Survey Services
4/30/13
Saiesperson
Project Manager
Services Requested By
Payment Due
Cynthia Pettyjohn
Charles Duncan
Tony Winney
On Receipt
CDS Coordination Service
ALTA/ACSM
Land Title Survey
Site Address
5800 The Crossings Drive
City/state
Carlsbad, CA
Subtotal
Tax
Totai
Totai Amount
$3,900.00
$3,900.00
$3,900.00
Thank you for letting us serve you!
If you have any questions, please contact us at 888-457-7878 or email cds.projectmgr@firstam.com.
Mail Payments To: Wire Pavment To:
First American Trust FSB
5 First American Way
Santa Ana, CA 92707
ABA# 122241255
Account* 1010010000
Attention: Commercial Due Diligence Services
Please send a confirmation email to
cthomas@firstam.com with invoice amount, invoice
number and project name.
OR
Commercial Due Diligence Services
Accounts Receivable Department
PO Box 731073
Dallas, TX 75373-1073
Please return a copy ofthis invoice
with your payment.
Page 1 of 1
EXHIBIT "B"
2011 ALTA/ACSM SURVEY
SCOPE OF SERWCES
1. Survey Coordination
CDS will act as survey coordinator and administer all aspects of survey requirements on each ofthe asset locations:
Item 1.1 CDS will act as liaison between the surveyors, the CUENT and/or the title reviewer to discuss any additional questions, concems or revisions.
CDS will then contact and work with each individual surveyor to acquire approval and authorization on any necessary revisions and/or reprints.
Item 1.2 An CDS representative wfll be available to attend the closing. Costs to provide this service will be negotiated at the time of request.
2. Siiivav Reauinmmts
CDS agrees to coordinate and provide surveys from licensed surveyors performed in accordance vi/ith state minimum technical standards and the 2011
standard ALTA/ACSM Requirements and the Table A Optional Survey Responsibilities and Specifications as shown on Exhibit C and the Surveyor's
Certificate as shown on Exhibit D.
3. Leaa/ DeacrioUon
The CL/EAff wili be infonned by CDS if the surveyor finds significant discrepancies of size or location between the property described by the CLIENT
during the quoting process and the property described In the title commitment. If these discrepancies will incur any additional charges to the CLIENT,
these charges wiH be submitted to the CLIENT for approval before they are surveyed.
The sun/ey wiil reflect the legal description as contained in the title commitment. If different, or where applicable, the sun/ey will show the record and
measured bearings and distances around the boundary. The surveyor will make an effort to use the same tegal description as previously used. (A new
overall metes and bounds description will not be provkled unless specifically requested. If this is requested, an additional fee may be charged.) if the
property is cunwitiy described with multiple parcels or tracts, the sun/ey shall graphically depict (but not survey) the delineation of interior parcel lines so
that title can readily ascertain the relationship ofthe multiple parcels to the new perimeter description. Easement parcels as provided by CLIENT YAW be
plotted, and shown and so noted. If the curent legal description is Lot and Block, the sunreyor will not generate a metes and bounds description.
4. Rovlmif and Dmtvmlnmtion of all EasBmmts within ttiQ T/tfe Commftmmt o u . . » ««K T». ^ » .
The survey will list aH easements, right of ways, covenants, servitudes, conditions, or restrictions as reflected within Schedule B of the Title Commitment
or othenwise provided by the dlent by its recordation information or source and purpose. All easements/sendtudes vM be graphically depicted on the
survey drawing and noted as to whether or not they apply and affect sut)ject property. If such an easement/sen/itude cannot be located, plotted, or
detennined to appiy and affect, a note to tiiis effect will be induded.
5. ReceiDt otTitIa Commitments
The CL/ENT will be responsible for providing CDS with:
(a) two (2) copies of tiie current titie commitment (or one by e-mall),
(b) all supportive documents upon which the sun/eys are based and ceriified to,
(c) a copy of the last deed of conveyance, the current record descriptions of adjoiners, documents necessary to ascertain, if possible,
tiie junior/senior relationship and
(d) all Schedule B items that are pertinent to surveying matters including all underiying documents as well as documents referenced
within other documents.
6. Distribution
For each site, CDS will provkie a total of six (6) copies of the completed work item. As the CLIENT directs, these six (6) copies will be distributed to as
many as four (4) separate locations (e.g., two [2] to the titie company, two [2] to the CLIENT, one [1] to CLIENTS attomey and one [1] to the lender).
7. Additional Faos
it is understood that any easement(s) or additional area which did not appear in the original documents delivered witti the titie commitment may require
additional sun/eying, thus incurring extra costs. Also, if CL/ENT submits additional certiflcation language within six (6) working days follovtdng the date
this project is awanJed, the revised language wiil be reviewed and if approved, no addKlonal costs should be incurred. Hovmver, if the language in the
new certiflcation adds or requests any survey Items not previously addressed, additional charges may be incurred. AdQustment to the total contract price
and to the due date will be required for any changes to: the requirements, certifled to parties, distiibution, reflect new title commitments, other matters.
In tiie event that CDS believes tiiat any such extra costs will be incurred, CDS will contact the CLIENT Immediately, prior to incurring any such cost.
8. CUENT Command Ail Client comments must be submitted to FIrstAm PLS in writing. The CLfENT wilt coordinate and consolidate
comments fl-om all parties with an interest in ttie sun/ey, and vy^ll submit one round of comments per survey site to COS vydthin thirty (30) days after
receipt of the survey; CDS will then coordinate all necessary editions, revisions, re-drafts, etc. under Uie original Scope of Sen/ices, and wili resubmit
and redistribute the revised siovey. Each time thereafter tiiat comments are submitted to CDS, or if comments are submitted after thirty (30) days to
CDS, an houriy rate of $75.00 plus shipping and handling will be charged if ttie revision requested is not a legitimate error on COS's part.
Please provide the following information:
Contact for Title Documents: Contact for Access to Properties:
Name: /Pf^rl M C Ct/IC^U Name: 7m \j VJi/O/J-COl
Phone: (/a) ^/O - J/"7/ Phone: (7^0)^ VJ/-^^
Fax: . Fax:
E-mail; /rffi ^r&/^y^. E-mall: fom^ Uj^^^ € c^r/jlgcjc^ .
Exhibit "C"
2011 STANDARD ALTA/ACSiVI REQUIREIVIENTS
Table "A" Optionai Survey Responsibilities and Specifications
NOTE: The Items of Table A must be negotiated between the sun/eyor and client. It may be necessary for the sun/eyor to qualify or expand upon the
description of these items, (e g., in reference to Item 6(b), there may be a need fbr an interpretation of a restriction). The sun/eyor cannot make a
certirication on the basis of an interpretation or opinion on another party. Notwithstanding Table "A" Items S and 11(b), if an engineering design survey Is
desired as part of an ALTA/ACSM Land Title Sun/ey, such sen/ices should be negotiated under Table A, Item 22.
If the box is filled in, the following optional items are to be included in the ALTA/ACSM LAND TITLE SURVEY:
• 1, Monuments placed (or a reference monument or witness to ttie corner) at all major corners of the boundary of the property, unless
already marked or referenced by an existing monument or witness to the corner. [Except tn states that require record monument
platting]
• 2. Address (es) if disclosed in Record Documents, or observed while conducting the survey.
• 3. Flood zone designation (with proper annotation based on Federal Flood Insurance Rate Maps or the state or local equivalent, by scaled
map location and graphic plotting only).
• 4. Gross land area (and other areas if specified by the client).
• 5. Vertical relief with the source of Information (e.g. ground survey or aerial map), contour interval, datum, and originating benchmark
identified.
• 6. D (a) Cun'ent zoning classification, as provided by the insurer.
•t (b) Cun'ent zoning classification and building setback requirements, height and floor space area restrictions as set forth in that
classification, as provided by the insurer. If none, so state.
• 7. • (a) Exterior dimensions of all buildings at ground level.
• (b) Square footage of:
• (1) exterior footprint of all buildings at ground level
o (2) other areas as defined by the client.
m (c) Measured heights of all buildings above grade at a location. If no location is specified, the point of measurement shall be
identified.
• 8. Substantial features observed in the process of conducting the survey (in addition to the improvements and features required under
Section 5 above) such as pari<ing lots, billboards, signs, swimming pools, landscaped areas, etc.
a 9. Striping, number and type (e.g. handicapped, motorcycle, regular, etc.) of paricing spaces in parking areas, lots and structures.
D 10. c (a) Detennination of the relationship and locatton of certain division or party walls designated by the client with respect to adjoining
properties (client to obtain necessary permissions)
D (b) Determination of whether certain walls designated by the client are pli^b (client to obtain necessary permissions).
• 11. Location of utilities (representative examples of which are shown below) existing on or sen/ing ttie surveyed property as determined by;
G (a) Observed evidence
• (b) Observed evidence together with evidence from plans obtained from uttlity companies or provided bv client, and mart<ings by
utility companies and other appropriate sources (with reference as to the source of information)
• railroad tracks and sidings;
• manholes, catch basins, valve vaults or other surface indications of subterranean uses;
• wires and cables (including their function, if readfly identifiable) crossing the sun/eyed premises, all poles on or wittiin ten feet
of ttie surveyed property. Wittiout expressing a legal opinion as to the ownership or nature of the potential encroachment, the
dimensions of all encroaching utility pole crossmembers or everhangs; and
• utility company installations on the surveyed premises.
NOTE - With regard to Table A, item 11(b), source infomiation from plans and markings will be combined with observed
evklence of utilities to develop a view of those underground utilities to develop a view of those underground utilities. However, lacking
excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where addittonal or more
detailed Information is required, the client is advised that excavation may be necessary,
o 12. Governmental Agency survey-related requirements as specified by the client, such as for HUD surveys, and surveys for leases on Bureau
of Land Management managed lands.
• 13. Names of adjoining owners of platted lands according to current public records.
• 14. The distance to the nearest intersecting street as specified by the client.
-z 15. Rectified orthophotography, photogrammetric mapping, laser scanning and other similar products, tools or the basis for the showing the
location of certain features (excluding boundaries) where ground measurements are not othen/vise necessary to locate those features to
an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such
methodologies (e.g. the potential precision and completeness of the data gathered thereby) with ttie insurer, lender and client prior to the
performance of the survey and, (b) place a note on ttie face of ttie survey explaining the-source, date, precision and other relevant
qualifications of any such data
« 16. Observed evidence of cun'ent eartti moving woric, building constmction or building additions.
n 17. Proposed changes in street right of way lines, if informatton is available from the controlling jurisdiction. Observed evidence of recent
street or sidewalk constaiction or repairs.
Page 1 of 2 4/5/2013
2011 STANDARD ALTA/ACSim REQUIREMENTS
Table "A" Optional Survey Responsibilities and Specifications
• 18. Observed evidence of sKe use as a solid waste dump, sump or sanitary landfill.
• 19. Locatton of wettand areas as delineated by appropriate authorities.
• 20. D (a) Locate Improvements within any offsite easements or servitudes benefitting the surveyed property that are disclosed in ttie Record
Documents provided to the surveyor and ttiat are observed in ttie process of conducting ttie survey (client to obtain necessary
permissions).
D (b) Monuments placed (or a reference monument or witness to the corner) at all major comers of any offeite easements or serviUides
benefitting the sun/eyed property and disclosed in Record Documents provided to ttie sun/eyor (client to obtain necessary
permissions).
• 21. Professional Liability insurance policy obtained by ttie surveyor in the minimum amount of $2,000,000.00 to be in effect ttiroughout ttie
contract term. Certificate of Insurance to be fumished upon request.
• 22. Engineering design sun/ey standards and specificattons attached hereto and made a part hereof.
• 23. Graphically depict property set back lines.
• 24. Graphically depict in relation to the subject tt-act or property any offsite easements or servitudes benefitting the surveyed property and
disclosed in Record Documents provided to the surveyor as part of the Schedule "A".
Page 2 of 2 4/5/2013
EXHIBIT "D"
SURVEYOR'S CERTIFICATE
The following certification will be applied to the survey:
To:
(name of client),
(name of lender, If known),
(name of title Insurance company, if known),
(name of others as instructed by client):
This is to certify that this map or plat and the survey on which It is based were made in accordance with
the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Sun/eys, jointly
established and adopted by ALTA and NSPS, and Includes Items 1 (except In states that require record
monument platting), 2, 3. 4, 5, 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 11(b) (Obsen/ed evidence together with
evidence from plans obtained from utility companies or provided by client, and markings by utility
companies and other appropriate sources), 13, 14, 16, 18, 21, 23 (to the extent possible, graphically
depict on sun/ey drawing the zoning setback lines), and 24 (Graphically depict in relation to the subject
tract or property any offsite easements or sen/ltudes benefitting the surveyed property and discbsed in
Record Documents provided to the sun/eyor as part of the Schedule "A") of Table A thereof. The field
wori< was completed on .
Date:
(Signed) L (seal)
Registration No.
XNEnglneeringNProjMgmtVContt-actAdminVCUENT PROJECTS 2013\THE CROSSINGSVCLIENT CONTRACHALTAVExhibit D (2011
standards) 5 and 11 bR1.doc4/4/201311:07 AM
Exhibit "E
AGREEMENT FOR SERVICES
PROJECT REFERENCE: PROJECT: THE CROSSINGS SITE(S): 1
ATTACHMENTS;
1. EXHiBrr 'A' List of Site(s) and Fees
2. EXHIBPr *B' Scope of Services/Contact InfomiaUon
3. EXHIBIT *C' 2011 Standard ALTA/ACSM Requirements - Table A and client requirements (if applicable)
4. EXHIBIT 'D* Sun/oyer's Certiflcate (tf appltoable)
THIS AGREEMENT is made April 8, 2013, by and between Commercial Due Diligence Services, a division of FA Business Services, LLC,
hereinafter referred to as 'CDS', and City of Cartsbad having offices at 405 Oak Avenue Carlsbad, CA 92008, her^nafter referred to as the
•CL/£Wr.
TERMS OF AGREEMENT
1. CUENT Contact whh CDS and Surveyors
CDS will coordinate work wtth a designated contact person representing the CL/EA/T. COS agrees to provide ttie names and telephone numbers of a
contact person and Project Manager for coordination with CUENT. Any direct contact or communication with COS's subcontracted sun/eyors without
authorization from CDS will effectively cancel CDS's Enors and Omissions Insurance on ttiose sites; ALL communications must be handled through ttie
designated Project Manager unless ottienwise auttiorized by CDS. As a coordinator, COS is not a land sun«ying company and does not practice land
sun/eying. As a part of CDS's services to Its clients, CDS contracts witti Iicensed land surveyors in each state to pertbmi, and certify to ttie accuracy
of, ttie 8un«ying senrices for CDS's clients.
2. nmeoroeffveiv
COS Intends to deliver all contracted woric items wittiin three (3) weeks of receipt of signed autiiorization to proceed. The due date may change )f all
titte items are not delivered by CUENT two (2) weeks prior to ttie due date. It is understood that delays may be encountered fbr weattier, property line
confltots, excessive delays in receiving titie committnents or supportive documentation, or Acts of God. Any problem or delay will be reported to ttie
CUENT immediately.
3. Fees
CDS's fees for coordinating and provkling each woric item is Itemized on ttie quote sheet attached hereto (Exhibit "A'), and made an integral part of, this
contract Said fee is a not-to-exceed amount based upon ttie Scope of Sendees as shown on Exhibit *B* (and ttie stated requirements as shown on
Exhibit *C' and ttw Sunmyor's Certificate as shown on Exhibit 'D' if applicable). Said fee Includes surveyor fee(s), sales tax, ovemight delivery charges,
reproduction costs, telephone caHs and materials Incidental to ttie paifonnance and preparation of the woric items.
The fee winl)^omVclue*md payable upon first delivery of the woric Item(s). An Invoice will be sent at ttils time and payment will be made vi/tthin ttilrty
(30) days of date of Invoice (unless othenwise agreed upon by botti parties in writing, in whtoh case the foltowing statements wiH not apply). CDS and
CL/EMT understand and agree that ttie payment for said fees Is not subject to any pending real estate transaction or closing. A monttily finance charge
of 1.5% will be added to any invcdce amount that has not been paid wittifn thirty (30) days.
At times, it Is possible Uiat a wortc item fOr a stte wiH be submitted to the CUENT, which vrortc item has been completed to the extent possible based on
Uie infomiatton provided to CDS by ttie CLIENT, but cannot be fully completed pursuant to the requirements for ttie services provMed in this agreement
due to missing documents or other infomiation that have not been provided to CDS by ttie CUENT. If CUENT has not provided the missing
document(8) and/or infonnation to COS within thirty (30) days after receiving ttie woric item(s), the work item will be considered final.
5. Right to Cancel
It is understood ttiat Uie CUENT reserves the right to cancel some or all orders at any time. In the event of cancellation, the CUENT wiH notify CDS in
writing and agrees to compensate on the basis of reasonable charges for woric perfonned and any expenses fOr incidentals to date.
0. Acceptiiice
The CUENT and COS agree with the requirements, temns, and conditions stated herein and as attached. Acknowledgment of the agreement and the
attachments by Uie CUENTS signature below will sen« as our auttiorization to proceed and CUENTS and CDS's acceptance of the terms herein.
This document becomes a legally binding agreement to be interpreted under the laws of ttie State of Oklahoma. The District Court of Cteveland County
Oklahoma shal have exclusive jurisdiction of any dispute between the parties.
IN WITNESS WHEREOF, ttie Parties have duly executed ttiis Agreement as of the date below.
Approved'
By or on Behalf of: Commercial Due Diligence Services, a dh/lslon of FA Business Services, LLC
Accepted this day of , 2013. . /»
Accepted: J^^y^'^"^"^^ """^ A<utM.jc*i>.^ Vitm^t^J-S
Byoron BehalfU; ^l^of Carisbad * *
Print Name. ^§^hfSr
1700 S. Broadway, Bldg E ~ Moore. Oklahoma 73160
Phone (405) 378-5800 - Fax (405) 703-1851
www. firstamcds com