|
Coffiers
<br /> INTERNATIONAL
<br /> SERVICES CONTRACT
<br /> THIS SERVICES CONTRACT ("Contract') is made and entered into as of this 5th day of March, 2018 ("Effective
<br /> Date") by and between U.S. Bank National Association, successor in interest to Bank of America, National Association,
<br /> successor by merger to Lasalle Bank National Asscociation as Trustee for the registered holders of Bear Stearns Commercial
<br /> Mortgage Securities Inc.; Commercial Mortgage Pass-Through Certificates series 2005-PWR9. ("Owner")as represented by
<br /> its agent Collier's Arnold d/b/a Colliers International of Tampa Bay ("Agent") and the undersigned independent contractor
<br /> Encon Incorporated ("Contractor").
<br /> A. Owner owns the real property known as Townview Square and located at 7246-7422 Gall Blvd Zephyrhills,Florida 33541
<br /> ("Property").
<br /> B. Owner has engaged Agent to manage the Property,and Agent is authorized to enter into this Contract for,and on behalf
<br /> of, Owner.
<br /> C. Owner desires to engage Contractor to perform certain services with respect to the Property, and Contractor agrees to
<br /> perform the services specified herein in accordance with all of the terms and conditions contained herein.
<br /> In consideration of the foregoing,the parties hereto agree as follows:
<br /> 1. TERM AND TERMINATION. This Contract shall commence on 03.05.2018 ("Commencement Date") and shall
<br /> terminate on 03.31.2018(such period being the"Term"), unless sooner terminated as provided herein. At Owner's option,the
<br /> Term shall automatically be extended on a month-to-month basis.
<br /> Check here if the term shall be automatically extended.
<br /> Owner or Agent may terminate this Contract at any time for any reason upon written notice to Contractor. Contractor may
<br /> terminate this Contract for any reason upon thirty (30) days written notice to Owner. Upon either event, Contractor shall
<br /> cooperate with Owner in effecting a professional and smooth transition in conjunction with any contractor chosen to replace
<br /> Contractor. All items, including, but not limited to, equipment, records, receipts,materials, and supplies that are the property
<br /> of Owner shall be left on the Property in a neat and orderly condition. All keys and/or access cards shall be surrendered to
<br /> Owner upon completion of the Services or termination of this Contract If any items are lost or unaccounted for(including keys
<br /> and/or access cards),Contractor shall be charged,at the current market value or actual cost,to replace such items, and such
<br /> costs shall be invoiced, or deducted from amounts owing,to Contractor. If this Contract is terminated, Owner's liability shall
<br /> be limited to the unpaid balance for Services properly rendered through to the date of termination.
<br /> 2. SCOPE OF SERVICES/CONTRACT FEE. Contractor shall provide to Owner the scope of services specified in
<br /> Exhibit A,attached hereto and incorporated herein by reference(the"Services"). For the proper performance and completion
<br /> of the Services,Owner shall pay to Contractor the amount of fees(the"Fees")set forth in Exhibit A. Unless otherwise specified
<br /> in Exhibit A,the Fees shall be paid within forty-five(45)days of receipt by Agent of a detailed invoice for the Services, and
<br /> such invoice shall include any supporting documentation and lien releases as Owner, in its sole and absolute discretion, shall
<br /> require. Contractor shall include with such invoice any supporting documentation and lien releases for itself and any of its
<br /> subcontractors (including sub-subcontractors), other third parties, or suppliers (collectively, "Subcontractor") as Owner may
<br /> require.
<br /> 3. SERVICES PRIOR TO EXECUTION. Notwithstanding that this Contract is effective as of the Effective Date, the
<br /> parties acknowledge that,to the extent any portion of the Services are,or have been, performed prior to the Effective Date,all
<br /> such Services shall be deemed to be a part of the Services. Contractor shall not be entitled to additional compensation for
<br /> such activities and Services performed or provided prior to the Effective Date except as expressly agreed in writing.
<br /> 4. PERFORMANCE OF THE SERVICES. Contractor shall be responsible for all work, including all work done by i
<br /> Subcontractors,and all risks associated with such work,done in connection with the performance of the Services.
<br /> 5. ROLE OF AGENT. Contractor shall take all direction from Agent as if given by Owner. Agent is not, and shall not
<br /> be, liable for any obligations or liabilities of Owner. Contractor agrees to look solely to Owner for any payments of any kind due
<br /> to Contractor or for interest and collection of fees incurred by Contractor in making collection of any sums that are due and payable.
<br /> Contractor acknowledges and agrees that it shall have no recourse of any kind against Agent,and to the greatest extent allowed
<br /> by law,Contractor releases Agent from any and all liability whatsoever.For greater clarity,Contractor acknowledges that Agent
<br /> is executing this Contract as Owner's agent and on Owner's behalf.
<br /> 6. RELATIONSHIP OF THE PARTIES. Nothing in this Contract shall be deemed or construed to create a joint venture,
<br /> partnership, or agency relationship between the parties hereto for any purpose. Contractor's employees shall not be entitled
<br /> to any benefits accorded to employees of Owner or Agent. Contractor is an independent contractor and shall not have the
<br /> authority to bind or commit Owner or Agent in any manner.
<br /> 7. CONTRACTOR WARRANTY. Contractor represents and warrants that(i)it has the full power and authority to enter
<br /> CONTRACT—Services Contract 10-30-13 1
<br />
|