A Fairy Tale Contract T.J. Seitz Copyright 2011 docx

SECTION II- PERIOD OF SERVICE The Consultant shall complete all services detailed in Exhibit “A” within ninety 90 calendar days upon receipt of proof of a fully executed Writ of Possessi

A Fairy Tale Contract

T.J Seitz Copyright 2011 by T.J Seitz Smashwords Edition

CONTRACT FOR PROFESSIONAL SERVICES

This contract (the “Contract”) is made and entered into on the September 28, 2007, by and between Muthyre-Guse Properties L.L.C , 2304 Remmington Road, Suit 110, San Diego, California 92115 hereinafter called MGP, and Wulfe Eviction and Reposession Services Inc a Nevada Corporation, with offices at 86 Park Boulevard San Diego, California 92103 hereinafter called the Consultant

MGP engages the Consultant to perform professional services for assisting MGP and the San Diego County Sheriff’s Department with a civil eviction, property cleanup and repairs for the addresses listed in Exhibit “A”

SECTION I - SERVICES OF THE CONSULTANT

A The Consultant shall perform the following professional services for MGP in a

competent, diligent, workmanlike and professional manner, adhereing to the State

of California code for civil eviction processes and rental property management All services and equipment furnished or developed hereunder shall be as represented

by Consultant to MGP

The Consultant shall prepare contract documents for MGP See Exhibit "A" for a

detailed statement of work.

B Any Amendment, extension, modification to the Contract, Authorization of Services,

Task Orders, etc., must be coordinated and mutually approved in writing by the Consultant and MGP prior to execution

C The Consultant will provide a written response to every written comment received

from MGP, pertaining to the work described in Exhibit “A” These comments will be provided to the Project Manager for review, appended to the final document and become a part of Exhibit “A”

SECTION II- PERIOD OF SERVICE

The Consultant shall complete all services detailed in Exhibit “A” within ninety (90)

calendar days upon receipt of proof of a fully executed Writ of Possession and the designated Notice to Proceed Date in accordance with the attached schedule (labeled

Exhibit "B") In the event delays are experienced beyond the control of the Consultant, the schedule may be revised as mutually agreed upon by the MGP and the Consultant

SECTION III - CONSULTANT’S COMPENSATION

A The method of payment for this Contract is a hourly rates of $23.06 for part-time

and $43.53 per full time persons assigned to perform work described in this

Contract at each work site plus expenses (See Exhibit "C" for Cost Summary).

B MGP shall pay the Consultant in three (3) installments within 10 business days

(net 10) upon receipt of each monthly thirty (30) day progress report and associated detailed invoices submitted by the Consultant subject to the following limitation (Examples of the acceptable invoice format will be provided to the

Consultant upon request if required) Payments shall not exceed $20,000.00 a

month prior to submittal of the final deliverables report.

C MGP at its discretion, may, by written notification, waive the above limitations

D MGP shall make final payment(s) to the Consultant within thirty (30) days after

receipt of the 3rd (final) progress report, invoices, receipt copies and/or any other outstanding deliverables

SECTION IV - NOTICES

All notices, communications and correspondance hereunder shall be in writing and shall

be given by personal delivery, facsimile, overnight courier service, or by registered or certified mail (postage prepaid and return receipt requested) addressed as set forth below (or at such other address as a party may designate by notice to the other party):

If to MGP:

Mr Thomas T Piperson – Project Manager

MGP Remmington Road Suit 110 San Diego, California 92115 E-mail: t_piperson@mgp.com Phone: (619)-555-1234

If to WERS:

Ms Mary Q Contrary WER Services

86 Park Boulevard San Diego, California 92103 E-mail: contrarty@werservices.com

Phone: (619)-555-9753

SECTION V – MGP’s RESPONSIBILITIES

A MGP’s Project Manager during the term of this Contract is Thomas T Piperson The Project Manager has the authority to administer this contract and shall monitor compliance with all terms and conditions stated herein All requests for information from or a decision by MGP on any aspect of the work shall be directed to the Project Manager

B MPG shall review submittals by the Consultant and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the Consultant’s work MGP will keep the Consultant advised concerning the progress of MGP’s review of the work

C Unless included in the Consultant’s Work Scope, MGP shall furnish the Consultant

gratis, the following information or services for this Project upon written request:

1 One copy of its most current property blueprints, records, laboratory tests(for lead paint, chemical levels in soil), survey ties, and bench marks, or other data pertinent to the services being provided However, the Consultant shall be responsible for searching through MPG records, requesting specific drawings

or information and independently verifying said information is current

2 MGP data relative to rental unit policies, regulations, standards, criteria, studies, etc.,relevant to the Project Title searches, legal descriptions, detailed surveys, tenent criminal record and credit background reports and environmental assessments may be also be required

SECTION VI - INSURANCE

During the term of this Contract Consultant shall, at its sole cost and expense, procure and maintain:

1 Commercial General Liability insurance , including Products Liability and

Completed Operations, Advertising Injury, Personal Injury and Contractual Liability insurance, and further including coverage for products/completed operations with annual limits of liability in an amount not less than $1,000,000 per occurrence;

$2,000,000 general aggregate; and $3,000,000 products/completed operations aggregate, or their equivalent in non-US locations This insurance shall name Muthyre-Guse Properties L.L.C and its subsidiaries as an additional insured This insurance shall be primary and any insurance maintained by MGP shall be considered excess over Consultant’s insurance The policies shall include a waiver of subrogation in favor of MGP In addition:

(a) If coverage is written on a claims made basis, the certificate of insurance

must clearly state so In addition to Products Liability and Completed Operations, Advertising Injury, Personal Injury, Contractual Liability or other insurance required by this Contract, such policy shall provide that:

(i) Policy retroactive date coincides with or precedes the effective date of

this Agreement including subsequent policies purchased as renewals

or replacements

(ii) Consultant will maintain similar insurance during the required

extended period of coverage following project completion including the previously set forth additional insured requirements

(b) If claims made coverage is terminated for any reason (including replacement

with occurrence coverage), Consultant agrees to purchase an extended reporting provision ‘tail coverage’ for a period of at least 3 years to report claims arising from work/products performed or sold in connection with this Contract Notice of intent to implement the extended reporting period (inclusive of any automatic provisions in the policy contract) shall be sent via certified mail to MGP’s Risk Management department to allow for the reporting of circumstances or incidents that might give rise to future claims

2 Professional Liability insurance with limits of liability in an amount not less than

$2,000,000 per claim and $2,000,000 in the aggregate

3 Workers’ Compensation insurance in accordance with statutory requirements

including employer’s liability with limits in an amount not less than $1,000,000 each accident/disease, or its equivalent in non-US locations The policy shall include a waiver of subrogation in favor of MGP

4 Automobile insurance in an amount not less than $2,000,000 per occurrence, or its

equivalent in non-US locations of which shall include Muthyre-Guse Properties L.L.C and its subsidiaries as an additional insured The policy shall include a waiver of subrogation in favor of MGP

5 Property insurance covering all equipment, merchandise and all other items

belonging to Consultant while situated on MGP’s premises Such insurance shall

be written on an “all risk” of physical loss or damage basis, for the full replacement cost value and in amounts that meet any coinsurance provisions of the policy Both MGP and Consultant hereby agree to have their respective property insurance companies waive any rights of subrogation that such companies may have against the other, as the case may be As long as such waivers of subrogation are contained in their respective insurance policies, MGP and Consultant hereby waive any right that either may have against the other on account of any loss or damage to their respective property to the extent such loss or damage is insurable under policies of insurance for fire and all risk coverage, theft, or other similar instance

6 It is understood and agreed that the insurance requirements evidenced in this

section shall be maintained by Consultant for the duration of this Contract and for a period of three (3) years following the expiration of this Contract It is further agreed that a certificate of insurance shall be provided during this period evidencing the required insurance provisions Such certificates shall be sent directly to:

Muthyre-Guse Properties L.L.C.

2304 Remmington Road

Suit 110 San Diego, California 92115

All insurance policies required hereunder shall be endorsed to provide MGP with no less than 30 days prior written notice in the event of cancellation, non-renewal or material changes The insurance company(s) providing these policies shall have a current A.M Best rating of A-, VII or better, and shall be licensed to do business in the applicable jurisdiction A certificate of insurance evidencing such insurance coverage will be provided to MGP upon execution of this Contract and no less than 14 days prior to renewal of said insurance policies The certificate of insurance shall indicate that the above 30 day notice provision applies

If either party elects to self-insure, its rights and obligations under subrogation shall be limited by the terms of this provision as if actual insurance policies had been purchased from an unaffiliated insurance company

SECTION VII - OWNERSHIP OF DOCUMENTS

All materials, including reports, computer programs, layout plans and other deliverables created under this contract are the sole property of MGP The Consultant is not entitled

to a patent or copyright to anyone else The Consultant shall not use or release these materials without prior written consent of MGP

SECTION VIII - RETENTION OF RECORDS

MGP requires the retention of all records pertaining to this Contract be retained for a period of not less than five (5) years after completion and acceptance by MGP

SECTION IX - CONFLICT OF INTEREST

MGP may cancel this contract without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract

on behalf of MGP is or becomes at any time while the contract or an extension of the contract is in effect an employee of or a consultant to any other party to this contract, and/

or San Diego County with respect to the subject matter of the contract The cancellation shall be effective when the Consultant receives written notice of the cancellation unless the notice specifies a later time

SECTION X – LIABILITY/INDEMNIFICATION

Consultant assumes full responsibility for the safety of its employees while performing any services under this Contract Consultant shall defend, indemnify and hold MGP, its employees, officers and agents harmless from and against any and all claims, losses, damages, liabilities, costs or expenses (including without limitation reasonable attorneys’ fees, and costs whether incurred in a third party action or in an action to enforce this Contract) whether related to injury or death to persons (including MGP employees) or damage to property that may arise out of or be connected with Consultant’s breach of any provision of this Contract, or as may otherwise result from work done by Consultant under this Contract, except to the extent caused solely by MGP’s negligence

SECTION XI - DISPUTE RESOLUTION

A dispute escalation process will be utilized to resolve questions of fact during the course

of this Contract The final determination will be made by MGP

SECTION XII – TERMINATION

MGP reserves the right to terminate the contract in whole or in part at anytime for the convenience of MPG without penalty or recourse The Project Manger shall give written notice by certified mail, return receipt requested, to the Consultant of the termination at least thirty (30) days before the effective date of the termination Upon receipt of the written notice, the Consultant shall stop all work and immediately notify all sub-consultants to do the same In the event of termination under this paragraph, all documents, data and reports prepared by the Consultant under the contract shall become the property of and be delivered to MGP The Consultant shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination

SECTION XIII - TERMINATION FOR DEFAULT

MGP reserves the right to terminate the contract in whole or in part due to the failure of the Consultant to comply with any term or condition of the contract or to make satisfactory progress in performing the contract The Project Manager shall mail written notice of the termination and the reasons for it to the Consultant by certified mail, return receipt requested

Upon termination under this paragraph, all documents, data and reports prepared by the Consultant under the contract shall become the property of and be delivered to MGP on demand MGP may, upon termination of this contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this contract The Consultant shall be liable MGP for any excess costs incurred by MGP in reprocuring the materials or services

MGP shall make final payment within sixty (60) days after the Consultant has delivered the last of the partially completed items and the final fee has been agreed upon In the event this Contract is terminated, MGP shall have the option of completing the work, or entering into an agreement with another party for the completion of the work according to the provisions and agreements herein

SECTION XIV - RIGHT OF OFFSET

MGP shall be entitled to offset against any sums due the Consultant any expenses or costs incurred by the MGP or penalties assessed by the MGP concerning the Consultant's nonconforming performance or failure to perform the contract, including expenses, costs and penalties described in Paragraphs VIII, IX, X, XI, XII AND XIII of these Uniform Terms and Conditions

SECTION XV - ADDITIONAL SERVICES

Additional services which are outside the scope of basic services contained in this Contract , shall not be performed by the Consultant without prior written authorization from MGP Additional services, when authorized by an executed Contract or an Amendment to this Professional Services Contract shall be compensated for by a fee mutually agreed upon between MGP and the Consultant

SECTION XVI - ERRORS AND OMISSIONS

The Consultant shall be responsible for the accuracy of the work and shall promptly make all necessary revisions or corrections resulting from errors and omissions on the part of the Consultant without additional compensation Acceptance of the work by MGP will not relieve the Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities

SECTION XVII - SUBCONTRACTS

The Consultant shall not enter into any subcontract under this Contract without the advance written approval of MGP The subcontract shall incorporate by reference the terms and conditions of this Contract

SECTION XVIII - ASSIGNMENT

Except as otherwise provided herein, neither party may assign this Contract without the prior written consent of the other party hereto, which shall not be unreasonably withheld, provided MGP may assign the Contract to a wholly owned subsidiary or affiliate of MGP without Consultant’s consent Notice of such assignment to a wholly owned subsidiary or affiliate of MGP shall be provided to Consultant

SECTION XIX – FORCE MAJEURE

Neither party shall be liable for delay or failure in the performance of any of its obligations under this Contract if and to the extent such delay or failure is due to circumstances beyond the reasonable control of such party, including but not limited to fires, floods, explosions, accidents, acts of God, war, terrorism, riot, strike, lockout or other concerted acts of workers, acts of government and shortages of materials; provided, however, that the party claiming that the "Event of Force Majeure" has affected its performance shall give notice to the other party within ten (10) days of becoming aware of the occurrence of the Event of Force Majeure, giving full particulars of the cause or event and the date of first occurrence thereof The party claiming force majeure shall use commercially reasonable efforts to eliminate or prevent the cause so as to continue performing its obligations under this Agreement Notwithstanding the foregoing, if a party’s performance

is delayed due to an Event of Force Majeure for more than thirty (30) days, the other party may terminate this Contract by providing the other party with written notice to such effect

at the end of such thirty (30) day period

SECTION XX – CONFIDENTIALITY

Consultant acknowledges that this Contract creates a confidential relationship between Consultant and MGP that is the basis on which MGP will allow Consultant to have access

to MGP’s commercially valuable, proprietary and confidential information (the

“Confidential Information”) Consultant shall hold the Confidential Information, whether or not so labeled or identified, including the information and Work developed by Consultant for MGP hereunder, in strict confidence and shall not disclose such information to any third party or use such information in any way except as provided for in this Contract This obligation shall not apply to information which is or may become generally known to the public (without breach of this provision by Consultant) and shall survive for a period of five (5) years after the termination or expiration of this Contract If Consultant is required

by the order of a court or similarly empowered administrative or government agency to disclose the Confidential Information, then Consultant shall not be liable for disclosure; provided, however, that in such case, Consultant shall give MGP written notice of such order as soon as possible prior to the disclosure of the Confidential Information Consultant shall protect all written materials supplied by MGP and shall not copy or duplicate such materials except as specifically permitted herein Consultant shall return all the Confidential Information to MGP upon MGP’s request or completion of the services hereunder or, at MGP’s option, the Consultant shall destroy such Confidential Information and provide evidence to MGP of such destruction The failure of MGP to request such return or destruction shall not relieve Consultant of its confidentiality obligations under this Contract

SECTION XXI – Independent Contractor Status

Work performed by Consultant for MGP under this Contract shall be in Consultant’s capacity as an independent contractor and not as an agent or representative of MGP It is expressly understood that this undertaking does not constitute a joint venture Consultant shall not enter and is not authorized to enter into any contract or commitment on behalf of

MGP Consultant shall assume all responsibility for payment of taxes or other amounts which may be due as the result of payments made by MGP under this Contract and shall indemnify MGP therefore

SECTION XXII - SPECIAL PROVISIONS

The Consultant shall comply with all California State Executive Orders that mandate all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable federal and state laws, rules and regulations, including the Americans with Disabilities Act The Consultant shall take affirmative action to ensure that applicants for employment, employees and persons to whom it provides service are not discriminated against due to race, creed, color, religion, sex, national origin or disability

SECTION XXIII - Governing Law

This Contract shall be governed by and interpreted in accordance with the laws of the United States and the State of California as applied by the courts therein, without reference to its provisions regarding conflicts of laws

SECTION XXIV - EFFECTIVE DATE

The effective date of this Contract shall be the date that the Project Manager signs the offer and acceptance form or other official contract form, unless another date is specifically stated in the Contract

FOR THE CONSULTANT/CONTRACTOR

B B Wulfe – President Wulfe Eviction and Reposession Services Inc Attest: _

(Signature)

Date: 9/28/2007

FOR MPG

Thomas T Piperson – Project Manager _

Attest: _

(Signature)

Date: 9/28/2007

Exhibit A Statement of Work

by and between WERS and MGP

This Statement of Work (SOW) defines the services and deliverables that Wulfe Eviction

and Repossession Services (WERS) will provide to Muthyre-Guse Properties (MGP)

under this Contract It also defines the responsibilities of WERS and MGP, the scope of the services to be provided, limitations, assumptions, and the terms and conditions of the work to be executed

In the event of a conflict or ambiguity between the any other contracts between parties and this SOW, the terms of this Contract and associated Exhibit(s) shall control

Objective

The objective of this Contract between MGP and WERS is to seek assistance with

property eviction, cleaning and repair services

Approach and Scope

WERS will provide property, eviction, cleaning and repair services for the following MGP rental property addresses located in San Diego County, California:

Address #1: 11 Straw Hut Terrace Escondido, CA 92029

Address #2: 659 Lumber Mill Lane Coronado, CA 92178

Address #3: 1082 Brick Schoolhouse Road Oceanside, CA 92045

List of MGP Responsiblities:

1 MGP will notify WERS no later than twenty four (24) hours before each eviction is

scheduled with the San Diego Sheriff’s Department unless mutually agreed otherwise

2 MGP will provide WERS in writing with the appropriate address, date, time, the

name and contract information(badge number, cell phone number, e-mail address)

of the assigned San Diego County Sheriff’s Deputy for each scheduled eviction unless mutually agreed otherwise

3 MGP will provide WERS with a master key for every known entrance/exit/window

lock(s) at each rental property before the scheduled eviction

4 MGP will provide WERS (in writing) with any known/reasonably available codes or

combinations (manual or electronic) for any locks or equipment located at each rental property before the scheduled eviction

5 MGP will provide WERS with any known/reasonably available detailed property

plans or layouts for each affected rental property before the scheduled eviction

6 MGP will provide WERS with any known/reasonably available information (in

writing) on former tenants with criminal background whose properties WERS will be servicing

7 MGP will provide WERS with any known/reasonably available information (in

writing) on former tenants who owned, cared for or possessed any dogs or dangerous pets (such as poisonous snakes or scorpions) whose properties WERS will be servicing

8 MGP will provide WERS with any known/reasonably available information (in

writing) on former tenants that owned firearms or any other type of weapons (legal

or illegal) whose properties WERS will be servicing

9 MGP will provide WERS with any known/reasonably available information (in

writing) on any regular gang/organized crime/sale of illicit drugs type activities in or around properties WERS will be servicing

10 MGP is responsible for notifying and communicating with its former tenants about

the status of their property left behind after their eviction

11 MGP will notify WERS in writing when it has approved the release of a former

tenant’s property from WERS’s storage facilities

List of WERS Responsiblities:

1 WERS representative will be present and assist San Diego County Sheriff’s

Department with delivery of writ of possession at date, time and address stipulated

by MGP

2 WERS representative will retrieve/receive the appropriate copies of receipts,

notarized documentation and/or signed Certificate(s) of Service that confirm

eviction services were performed accordingly from a San Diego County Sheriff’s Department representative and submit them to the MGP Project Manager within twenty four (24) hours of receiving

3 WERS will remove old locks from all known/identified doorways/entrances and

windows on property and replace with/install new ones

4 WERS will provide MGP Project Manager with all keys to new rental property locks

within twenty four (24) hours of their installation

5 WERS will video record and photograph the entire property upon initially entering

the site to note the condition and any possessions left behind by the former tenant

6 WERS will create a written description/list of any observable damage/repairs

needed within the unit and estimate any work that would be required to fix it A copy of the initial job list for each effected property will be submitted to the MGP Project Manager within three (3) business days of the eviction for review and approval(in writing) MGP must return the approved list to WERS before any cleaning or repair work will be started by WERS

7 WERS will arrange for a refuse dumpster to be delivered, picked up and contents

properly disposed of as needed

8 WERS will arrange for a moving van to be used (if necessary) to move any tenant

property left behind into storage

9 WERS will create a written inventory list of all possessions of former tenant left

behind during eviction that the San Diego Sheriff’s Department representative certifies is worth more than fifty dollars ($50.00) The list for each property will be provided to MGP within forty eight (48) hours of an eviction