09.05 - WSN Proposal - Survey of Trailside Park

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WIDSETH SMITH ,� NOLTING General Conditions: WSN and the client agree: 1. WSN shall not be liable for damages resulting from the actions or inactions of governmental agencies, and WSN shall only act as an advisor in all governmental relations. 2. Upon completion of this survey, an acknowledgment form will be provided to the client along with a report (Certificate of Survey, Recorded Plat, ALTA/ASCM Land Title Survey, or letter, as appropriate) outlining survey results. Within 10 days of receipt, the client agrees to either sign the acknowledgement and return it to WSN or notify WSN in writing of any alleged failure to complete the contract. If no acknowledgement or notification is received within the allotted time, it will indicate that this contract has been completed in accordance with the clienYs requirements. 3. All original papers and documents, and copies thereof, produced as a result of this contract, except documents which are required to be filed with public agencies, shall remain the property of WSN and may be used by WSN without the consent of the client. 4. A late payment PENALTY of 1% per month, which is an annual rate of 12%, shall be applied to any unpaid balance, commencing 30 days after completion of these services. If full payment has not been rendered within 90 days after the date of the completion of this project, WSN will commence action to file a lien on the property referenced in this contract. 5. In the event all or any portion of the work prepared or partially prepared by WSN is suspended, abandoned, or terminated, the client shall pay WSN all fees, charges and services provided for the project up to the date of termination, not to exceed any contract limit specified herein. 6. In the event that any staking is destroyed by an act of God or parties other than WSN, the cost of re-staking shall be paid by the client as extra work, provided such work is authorized by the client. 7. Should litigation be necessary to enforce any term or provision of this agreement or to collect any portion of the amaunt payable under this agreement, then all litigation and collection expenses, witness fees, court costs, and attorney's fees shall be paid by the client. 8. In the event that the client institutes a suit against WSN because of any failure or an alleged failure to perform, error, omission, or negligence, and if such suit is not successfully prosecuted, client agrees to pay surveyor any and all costs of defense, including reasonable attorney's fees. 9. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR ITS CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.