Fractional Dutch Auctions of Commercial Income-Producing Real Estate Properties - TIC Plan Ownership Syndications

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Due Diligence Documentation "Exhibit E-3"

Site, Survey & Civil Engineering Contract

The following notes are provided pertaining to this exhibit:

  1. What: all engineering services and site planning services must be provided pursuant to a fee-for-services agreement that specifies the required services to be delivered and the schedule of payments to be made in exchange for the services provided.

  2. When: during the pre-construction phase once the market feasibility study (see Exhibit F-3) and pro forma financial presentation (see Exhibit F-5) have been completed and accepted.

  3. Why: the provision of these services have a material impact on the proposed Project's total development cost budget.  Accordingly, these services must be provided pursuant to a contractual agreement to protect the rights of the Owner and the syndicate purchasers/investors.

  4. Where: various off site locations.  These documents are also used for zoning changes/variance requests and are supervised by the Design/Builder.

  5. How: review of proposed contract, errors and omissions insurance (naming the Owner as "also-insured") and payment requirements.

  6. What's important: a full-scope agreement that includes insurance that is appropriate for the scope of work to be provided.

  7. For projects that do not envision any new construction activities, this exhibit is not required.

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