Survey Resurvey Form

SURVEY RESURVEY AGREEMENT

This Survey Resurvey Agreement (the Agreement) is entered into by and between Client Name: and Surveyor Name: . Effective Date: .

RECITALS

WHEREAS, Client desires that Surveyor perform a resurvey of the parcel described below for the purpose of updating boundary information, preparing a resurvey plat, and providing deliverables as set forth herein; and

WHEREAS, Surveyor is a licensed professional land surveyor with experience and resources to perform the resurvey work under the terms and conditions of this Agreement; and

WHEREAS, the parties wish to set forth their respective obligations, compensation, schedule, and limitations of liability in a written Agreement.

PROJECT IDENTIFICATION

SCOPE OF WORK

Surveyor shall perform a resurvey of the subject parcel and shall provide the deliverables and services identified below in accordance with accepted professional standards for land surveying in the applicable jurisdiction. Scope shall include field reconnaissance, monumentation if required, boundary determination based on title information provided by Client, and preparation of final survey drawings and certifications.

Digital CAD file (DWG)
Stamped PDF plan
Hard copies (specify number below)

PAYMENT TERMS

Client shall pay Surveyor the fees for the services described herein in accordance with the following terms.

Yes    No

Late Fee: Unpaid amounts shall accrue a late fee of and interest to the fullest extent permitted under applicable law.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon written notice provided at least days prior to the effective date of termination. If terminated for cause due to material breach, the non-breaching party may terminate immediately upon written notice if the breach is not cured within a reasonable cure period.

CONFIDENTIALITY

Each party shall hold confidential all non-public information disclosed by the other party in connection with this Agreement, and shall not disclose such information to third parties except as required by law or as necessary to perform obligations under this Agreement. The obligations herein shall survive termination for a period of years.

SURVEYOR LIMITATIONS, INSURANCE, AND RELIANCE

Surveyor shall perform services consistent with customary professional surveying standards in the jurisdiction of the project. Client acknowledges that Surveyor's work is based on physical evidence, records provided by Client, and the conditions at the time of the field work. Surveyor's opinion of boundary location is limited to information available at the time of the resurvey. Surveyor shall maintain professional liability insurance and commercial general liability insurance as required for the performance of the work. Surveyor's liability for any claim arising from this Agreement shall be limited to direct damages and shall not include consequential damages.

CLIENT ACKNOWLEDGEMENTS

Client represents that it has authority to order the resurvey on behalf of the record owner and agrees to provide access to the site, any available title instruments, and to mark any boundaries or provide utility location information to the extent practicable. Client also agrees to pay for any additional work necessitated by concealed conditions, inaccessible areas, or additional record research requested by Client.

Client will provide site access
Client will mark desired boundary points
Client will notify utilities and identify known utilities

GOVERNING LAW; ENTIRE AGREEMENT

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of without regard to conflict of law principles.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment to this Agreement must be in writing and signed by both parties.

DISPUTE RESOLUTION

The parties shall attempt in good faith to resolve any dispute arising under this Agreement by negotiation between senior representatives of the parties. If the dispute cannot be resolved by negotiation within a reasonable time, the parties agree to submit the dispute to mediation prior to initiating litigation, unless injunctive or other equitable relief is necessary to prevent imminent harm.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Surveyor may engage subcontractors to perform portions of the work so long as Surveyor remains responsible for the work performed by such subcontractors.

Notices: All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or as otherwise provided in writing by the parties.

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