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LAND SURVEY CONTRACT Agreement Between Surveyor and Owner/Buyer THIS AGREEMENT made and entered into by and between City of South Bend, Dept of Community & Economic Development, C/O Dave Relos hereinafter referred to as Owner/Buyer and Lang, Feeney & Associates, Inc., hereinafter referred to as Surveyor. For the consideration hereinafter set out and under the terms and conditions hereinafter set out, the parties mutually agree as follows: ARTICLE 1 Land Survey Terms 1.1 SCOPE OF WORK: The Surveyor agrees to perform the following: Utility Easement & Legal Description for the Bosch Substation on the north side of Bendix along Goodland Avenue. 1.2 PERFORMANCE OF WORK: The work to be performed under this agreement shall begin 12-19-2012 pending approval and contract execution. 1.3 CONTRACT SUM: The Owner/Buyer agrees to pay the Surveyor for the performance of this contract, the total sum of $995.00. 1.31 FILING FEES: Any and all filing fees associated with the completion of this work, whether they be to local municipal entities, or to state or federal bureaus or agencies, shall be the sole and express responsibility of the Owner/Buyer. 1.4 PAYMENTS: The Owner/Buyer shall make payments on the account of this Agreement as follows: A retainer fee of $500.00 to be paid at the execution of this contract, with the remaining balance due upon receipt of invoice. A service charge of 1.5% per month will be added to accounts not paid within 30 days of invoice date. This is an annual percentage rate of 18%. 1.5 DELAYS AND EXTENSIONS OF TIME: If the Surveyor is delayed at any time in the progress of the work by any act of neglect of the Owner/Buyer (or by any employee of either), or by changes ordered in the work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions, unavoidable casualties, or any causes beyond the Surveyor's direct control, then the contract time shall be extended for a reasonable time. Except where the delay is caused by negligence or fault of the Surveyor, Owner/Buyer shall not be entitled to damages from Surveyor for costs occasioned by such delay. 1.6 DEFAULT IN PAYMENT: In the event of default in payment, and Surveyor is required to obtain the services of a collection agency or attorney for collection of the sums due under contract, Owner/Buyer agrees to pay all costs of collection. (1)