Report and agreement - Big League Dreams USA, LLC

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. CITY OF COLTON PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into effective this 2nd day of January, 2001 by and between the City of Colton, a municipal organization organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Big League Dreams USA, LLC, a California limited liability corporation with its principal place of business at 10550 Galena Street, Mira Loma, California 91752 ("Consultant"). City and Consultant are sometimes individually referred to as AParty@ and collectively as AParties. @ 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing preliminary planning, land suitability and design consulting services to public clients and is familiar with the plans of City. Consultant=s primary task shall be the evaluation of possible Sports Park sites within the City and related analyses thereof. 2.2 Project. City desires to engage Consultant to render preliminary planning, land suitability, and design consulting services for the planning and design of a high-quality multi-purpose recreational sports park (AProject@) as set forth in this Agreement. 2.3 Future Work. In the event suitable land for the Project is acquired by the City, the City shall, for a period not to exceed sixty (60) days, negotiate first and exclusively with Consultant the terms of an agreement by which Consultant shall provide planning, design and construction consulting services to the City in connection with the Project (the "Consulting Agreement"). In addition, during this period, the City shall also negotiate, first and exclusively with Consultant, the terms of a lease or management agreement by which Consultant shall operate and maintain the Project once construction is completed. In the event the City and Consultant are able to negotiate and execute a mutually agreeable Consulting Agreement, the fees paid to Consultant by this Agreement shall apply against the total consulting fees payable to Consultant pursuant to the Consulting Agreement. RVPUB\EL.C\605977 1 (BLD Jan. 2, 2001)