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_j• HNCE ON FILE <br />WORK MAY PROCEED <br />IPITIL INSURANCE EXPIRES <br />N-2020-101 <br />(at I711OZO <br />ERK OF COUNCIL CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />c ui,�v�tc.Vcr,o.ley� <br />THIS AGREEMENT is made and entered into on this day of , 2020, by and <br />between Kosmont & Associates, Inc., doing business as Kosmont Companies ("Consultant'), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California ("City"). <br />ce <br />RECITALS <br />0 <br />C A. The City desires to retain a consultant having special skill and knowledge in the field of <br />real estate advisory services to develop a pro forma in connection with a proposed mixed - <br />use development located at Third and Broadway in the City of Santa Ana. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations, <br />including all labor, materials, tools, equipment, and incidental customary work, required to fully <br />and adequately complete the services described and set forth in the Proposal for Real Estate <br />Advisory Services attached hereto as Exhibit A and incorporated herein by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />for City, the rates and charges identified in the Fee Schedule attached hereto as <br />Exhibit B and incorporated herein by reference. The total sum to be expended under <br />this Agreement shall not exceed $10,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Page 1 of 9 <br />