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AGREEMI!NT BETWEEN SCHOELL & MADSON, INC. AND OWNER FOR PROFESSIONAL SERVICES This agreement made as of June 3,1999, by and between William A. 6oyd, (hereinafter referred to as the Owner), al1d SchoeJl & Madson, Inc. concems providing professional land surveying services by Schoell & Mad$on, Inc. in connection with the following project: Lot 10, except the south 110 feet thereof, Block 1, North 01318 Perk, Ramsey County. SCOPE AND DESCRIPTION OF SERVtCES Prepare exhibits and descriptions for a "Minar Subdivision" application. (See attached proposal letter dated June 3, 1999.} CHANGE ORDERS In the event that the soopa Of services changes from the above description. the Owner agrees to Issue E! written change order. If a written change order is not issued and Schoell & Madson, Inc. is caused to expand the scope of services by any of the follewing: 1) verbal request or order by the Owner or his/her agent; or.2) a requirement imposed by a regulatory or review authority, compensation for the expanded scope of services shall bEl on an houriy basis at rates of 1.98 times salary expense. Salary expense is defined as salary plus fringe benefits. PERIOD OF SERVICE The 5ervice5 described under "Scope of Services" shall be completed within 10 working days of thtl Owner's written approval to proceed, or as Indicated under "Scope of Sel'Vices" I:oncerning cQmpletlon of various phases of the work. COMPENSA nON Schoell &. Madson, Inc. shall be paid for services provided in accordance with the rollowing method: Lump sum in the amount of $1 ,500.00. Billings will be submitted monthly. The Owner agrees to pay all bills within ~O days of receiving same. In the event that the Owner defaults in payment. the Owner agrees to pay interest on delinquent bills at the maximum rate allowed by law. The Owner also agrees to reimburse Schoel! & Madson, Inc. for all OO$ts involved with collection of delinquent amounts including, but not limited to, attorney's fees. The Owner hereby acknowtedges that suffioient funds are currently available and assigned to pay for the cost of services contemplated by this agreement NOTICE OF INTENT TO FILE LIEN A company supplYing labor or materials for improvement to your real etitate may enforce a lien QgainBt your property if that company Is not paid for the contributions of labor or rnaterial~. These ri9hts include the profsss.lonal desl!)n, engineering and fi@ld work provided cy our company. Following is the stetlJtory notIce of our intent to tile a lien, (A) ANY PERSON OR COMPANY SUPPL YJNG LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A UEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (8) UNDER MINNESOTA LAW YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECiL Y AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WfTHHOLD THE AMOUNTS DUE THEM I='ROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT ANO WHO GAVE YOU TIMELY NOTICE. LIABILITY LIMITATION The Owner agrees that the Ijabiljty 0' Schoell & Madson, Inc., to Owner end any other pel'$on or entity ari5inQ from Sohoell & Med$;Qn, Inc::.':;; negligent acts, errors, or omissions or those of its employ..,es or agents arising hereunder. shall not exceed the total fees for services rendered herevnder. Owner agree!> to hold Schoell & Madson, inc. harmless from any liability to any other P<'Irty from such acts by Schoell & Madsen, Inc., If suct1llal)lIity, wt'1en combin@d with lither liability for such acts (0 all other parties, shall exceed the total fees for service! rendered hereunder. The Owner further agl'ae5 that in any contract between Owner and a contractor for work to be done pursuant to product developed under this oontract, Owner will require contractor to limit any liability Of Sctloell & Madson, Inc. te contra~or and his subcontractors as a result of such acts by Scheel! & Madson, Inc., so that such liability when combined with liability of Schoell & MadsQn, Inc. to other parties ahall not exceed the total mea for the services rendered hereund$r. TERMINAIJON This agreement may be terminated by either party in the event of substantial failure to perform in accordance with terms hereof. Such termination shall be ~ffective after giving seven days' wri~en notice. The Owner agrees to pay Schoell & Madson, Inc. for all services provided up to the affective date of :erminatlon. !X~CUTlON n witness whereof. the parties hereto have made and executed this agreement as of tt1e day and year first above written. $ ;J;d .:tt... (J. ~~ Ti ~e9ular - October 14, 1993 ~;;;;D1-'~ Theodore D. Kemna. Vloe President E0/f::0'd GE0U tE:S0 f::0-90'666t 9906 9179 Gt9 NOsa~w ~ "30H8S: WO~d