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PROFESSIONAL SERVICES AGREEMENT BETWEEN CANBARRUS COUNTY AND DUNCAN ASSOCIATES This Professional Services Agreement is made as of , 2005, by and between Cabarrus County, a political subdivision of the State of North Carolina (Client) and James Duncan and Associates, Inc. a professional corporation doing business as (d/b/a) Duncan Associates and located in Austin, Texas (Consultant). WHEREAS, Client desires to engage Consultant to perform certain services relating to preparation of residential design standards; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided, Client and Consultant agree as follows. 1. Scope of Agreement. Consultant's relationship to Client shall be that of independent contractor; at all times this relationship shall be governed by and be in strict compliance with the terms of this Agreement for Professional Services. 2. Professional Services. Consultant shall furnish services to Client as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. 3. Period of Service. Consultant shall begin its services promptly after receipt of an executed copy of this Agreement and will complete the services pursuant to the schedule set forth in Exhibit AB.@ Times for performance shall be extended for periods of delay resulting. from circumstances over which Consultant has no control. 4. Compensation. For services provided by Consultant as described in Exhibit AA,@ Client shall compensate Consultant, in accordance with the fee schedule outlined in Exhibit AC.@ The Client will be billed monthly based on percent completion of individual tasks. Payment of invoices shall be due to Consultant within thirty (30) days of receipt by Client. 5. Changes and Extra Work. Client may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in Consultant compensation, which are mutually agreed upon by and between Client and Consultant, shall be incorporated in written addenda to this Agreement. 6. Conflict of Interest. Consultant agrees that it has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner with the performance of the services hereunder. Consultant further agrees that, in the performance of this Agreement, no person having any such interest shall be employed. 7. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon written notice to the other party. In the event of any termination, Consultant will be paid for all services rendered to the date of such tennination. 8. Ownership of Documents. All documents prepared in the performance of this Agreement shall be delivered to Client before final payment is made to Consultant. E-4-