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5) Duties of Consultant. Consultant shall be diligent in the performance of its duties <br />hereunder. Consultant shall assist the City with the marketing and sale of the unsold Parcels and <br />shall perform, among other duties, the following: <br />a) Review and assist with identifying, structuring and negotiating Developer <br />and/or Broker Agreements <br />b) Review and assist with analyzing and evaluating development and/or land <br />sale proposals and transactions. <br />C) Attend the periodic Project meetings as scheduled and conducted by City <br />and other necessary parties acting on behalf of City. Consultant will keep the City informed <br />concerning matters addressed at such Project meetings. <br />d) As requested by the City, Consultant shall assist City in selecting and <br />retaining professional services of attorneys, brokers, developers, contractors and special <br />consultants. Consultant is performing a coordination function only and Consultant is not <br />acting in a manner so as to assume responsibility or liability, in whole or in part, for all or <br />any part of such selection and retention. <br />C) At the request of the City, Consultant shall advise City on matters related to <br />advertising and public relations firms retained by Owner to create advertising and public <br />relations programs for the Project. <br />f) Consultant shall continue City's system for the administration of contracts <br />(each, a "Contract") for the sale of Parcels and shall assist in the negotiation of the business <br />terms of Contracts with individual purchasers in consultation with City, and with City's <br />legal counsel, as needed (who shall be made available for such purpose by City at City's <br />expense) over matters requiring approval by legal counsel. <br />All approved Contracts by and between the City and purchasers, developers, brokers, <br />attorneys, appraisers and/or any other service providers, including any riders and <br />amendments thereto, shall be executed by City. All earnest money and other deposits by <br />purchasers shall be held in escrow accounts established by City in accordance with <br />applicable law. All earnest money checks and deposits by purchasers shall be made <br />payable to City's title insurance company. <br />g) Consultant shall meet with City as necessary or appropriate in order to plan <br />and discuss the implementation of the sales and marketing program for the Project and shall <br />keep City fully advised as to the status of sales activity for the Project, which meetings shall <br />be scheduled on a monthly basis, and which meetings shall be attended by Arne Cook. <br />h) Consultant shall perform such other services and duties as reasonably <br />required by City in order to effectuate the provisions of this Agreement. <br />3 <br />