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<br />-- -~ <br /> <br />NOTICE OF ASSUMPTION <br /> <br />Re: Consultant Agreement A-2003-040 "Real estate consulting services including appraisal <br />and right of way acquisition services." <br /> <br />NOTICE IS HEREBY GIVEN by Overland, Pacific & Cutler, Inc. to the CITY OF SANTA <br />ANA (hereinafter referred to as the "City" as follows: <br /> <br />1. A Request for Proposal For Real Estate Services was put out for solicitation by the <br />City on January 9, 2003; and <br />2. Cutler & Associates, Ine. submitted its Proposal to the City on January 24, 2003; and <br />3. The City awarded a public works General Right of Way Service Contract to Cutler & <br />Associates, Inc. and all documents were signed by John Cutler as the Principal in <br />Charge of the company; and <br />4. Said company was purchased by Overland, Pacific & Cutler, Inc., a corporation under <br />the laws and regulations of the State of California, with Marek Karon acting as the <br />corporation's Chief Financial Officer and Barry McDaniel acting as the corporation's <br />Chief Executive Officer. Service of Process will be to: Overland, Pacific & Cutler, <br />Inc., 100 West Broadway, Suite 500, Long Beach, CA 90802 (see attached Statement <br />dated June 3, 2002); and <br />5. Overland, Pacific & Cutler, Inc. hereby agree to honor the terms ofthe "Consultant <br />Agreement A-2003-040 dated March 3, 2003, described in Exhibit "A" attached hereto <br />and by this reference made a part hereof; and <br />6. Overland, Pacific & Cutler, Inc. hereby accepts lInd assumes the rights, liabilities and <br />obligations of Cutler & Associates, Inc. under said Proposal and Contract, from and <br />after the effective date of incorporation; and <br />7. All required insurance documents and bonds shall be issued in the name Overland, <br />Pacific & Cutler, Inc., and all payments by the City shall be made in the name of the <br />corporation. <br /> <br />DATED: !/¡¥V ~ <br /> <br /> <br />TAXID# 15' -355f7c(ð <br /> <br />The City of Santa Ana hereby acknowledges and accepts the terms outlined in this "Notice <br />of Assumption" agreement. <br /> <br />ApPROVED TO FORM: <br />Joseph W. Fletcher <br />City Attorney <br /> <br /> <br />8/2ck> <br />DATE <br /> <br />.ðtA'L ~ <br />Lisa Storck <br />Assistant City Attorney <br />