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01-10-13
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1/22/2013 7:23:17 PM
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MANAGEMENT SERVICES AGREEMENT <br /> This Management Services Agreement(this"Agreement")is made as of the day of January,2013,by and <br /> between the CITY OF SOUTH BEND,DEPARTMENT OF COMMUNITY INVESTMENT,acting by and <br /> through the SOUTH BEND REDEVELOPMENT AUTHORITY,(the"Lessor")the CITY OF SOUTH BEND, <br /> DEPARTMENT OF REDEVELOPMENT,acting by and through the SOUTH BEND REDEVELOPMENT <br /> COMMISSION(the"Lessee")(collectively,the"City")and CRESSY&EVERETT MANAGEMENT CORP., <br /> an Indiana corporation("Manager")with reference to the following facts: <br /> A. Lessor is the owner of the building located at 111 S. St. Joseph Street, South Bend, Indiana(the <br /> "Building")and Lessee leases the Building from the Lessor. Any reference to"Property"in this <br /> Agreement shall be deemed to the Building and the accompanying land. <br /> B. Manager represents that it is in the business of managing properties similar to the Property and possesses <br /> the skills and experience necessary for the efficient,professional management of the Property. <br /> C. City desires to engage the services of Manager in connection with managing the Property and Manager <br /> desires to provide such services to City. <br /> Now,therefore,in consideration of the following promises,obligations and agreements,City and Manager agree as <br /> follows: <br /> ARTICLE I-BASIC TERMS <br /> 1.1 Effective Date. Manager's appointment under Article II shall become effective as of January , 2013 <br /> (the"Effective Date"). <br /> 1.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue on a month to <br /> month basis, and thereafter the term shall be automatically renewed for additional periods of one month <br /> each, subject at all times to the rights of termination set forth in Article IX. <br /> 1.3 Limits on Non-Emergency Purchase and Repairs. The limit on the amount Manager may incur for non- <br /> emergency purchases or repairs under Section 3.4 is Two Thousand Dollars($2,000.00). City's prior <br /> written approval is required under Section 3.4 for any contract for more than Two Thousand Dollars <br /> ($2,000.00). <br /> 1.4 Address of City. Unless changed by written notice to Manager,the address of City for notices under <br /> Section 10.2 shall be: <br /> City of South Bend,Department of Redevelopment <br /> Attn: Don Inks <br /> County City Building <br /> 227 W.Jefferson Blvd, Suite 1400 S <br /> South Bend,IN 46601 <br /> 1.5 Address of Manager. Unless changed by written notice to City,the address of Manager for notices under <br /> Section 10.2 shall be: <br /> Cressy&Everett Management Corp. <br /> Attn: Robert E.Dunbar,Jr.,COO <br /> 4100 Edison Lakes Parkway, Suite 350 <br /> Mishawaka,IN 46545 <br /> 1.6 Fees. Subject to Article VIII,the management fee payable to Manager for its services under this <br /> Agreement shall be billed monthly for facility maintenance services provided by its technicians at the then <br /> Page 1 of 8 <br />
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