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<br />be prepared pursuant to contract entered into with Consultant subject to funding <br /> <br />therefore by Capital Land Corporation and Marina Investments, Inc. (the <br /> <br />"Developer"); and <br /> <br />WHEREAS, the Developer has deposited with City the estimated fees and <br /> <br />costs to be incurred pursuant to said agreement; and <br /> <br />WHEREAS, Consultant represents that it possesses the experience, and <br /> <br />is qualified to perform the aforesaid services for the Project; <br /> <br />NOW, THEREFORE, the parties hereto agree as follows: <br /> <br />1. CONSULTANT'S SERVICES. Consultant shall prepare a traffic study/ <br /> <br />environmental analysis and perform related services described in Exhibit "A" <br /> <br />hereof, attached hereto and by this reference incorporated herein. <br /> <br />2. <br /> <br />COMPENSATION: EXPENSES: DEPOSIT: PAYMENT. City shall <br /> <br />compensate Consultant for all services performed by Consultant hereunder in an <br /> <br />amount based upon Consultant's hourly rates that are currently prevailing during <br /> <br />the time of the performance of said services. Consultant's hourly rates for which <br /> <br />services hereunder shall be performed are set forth in Exhibit "B" hereof, <br /> <br />attached hereto and by this reference incorporated herein. <br /> <br />Notwithstanding the foregoing, the combined total of compensation and <br /> <br />reimbursement of costs payable hereunder shall not exceed the sum of Twenty <br /> <br />Thousand Two Hundred Fifty-five and No/100 Dollars ($20,255.00) unless the <br /> <br />performance of services and/or reimbursement of costs and expenses in excess <br /> <br />Agmt-358 <br />F :Shared/Redwood/Council <br />FXS:djk <br />OS/25/00 <br /> <br />2 <br />