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COMMERCIAL PROPERTY MANAGEMENT <br />AND LEASING AGREEMENT <br />(2009 -2010) <br />This Agreement, made this l" day of February, 2009, between CITY OF SOUTH <br />BEND REDEVELOPMENT COMMISSION ( "Owner"), and ROBERT BRADLEY <br />ASSOCIATES, LLC, d /b /a CB RICHARD ELLIS BRADLEY whose address is 202 <br />S. Michigan Street, Suite 200, P.O. Box 540, South Bend, Indiana 46624 -0540, an <br />Indiana limited liability company, ("Agent "). <br />APPOINTMENT AND ACCEPTANCE The Owner appoints the Agent for the <br />management of the Property described in Section 2 of this Agreement, and the <br />Agent accepts the appointment, subject to the terms and conditions set forth in <br />this Agreement. <br />2. DESCRIPTION OF PROPERTY., The Properties are all located in South Bend <br />and described as follows: <br />• 118-131 South Michigan Street — Leighton Plaza Garage <br />Retail /Redevelopment Retail <br />• Leighton Plaza Courtyard located at 130 South Main Street <br />3. DEFINITIONS. As used in this Agreement: <br />a. "Agent" means Robert Bradley Associates, LLC d /b /a CB Richard Ellis <br />South Bend. <br />b. "Operating Account" means the account described in Section 8 hereof. <br />c. "Owner" means City of South Bend Redevelopment Commission <br />d. "Principal Parties" means the ONN,ner and the Agent. <br />e. "Property'' means the Property described in Section 2 hereof. <br />f. "Property Expense" means an expense paid by the Agent from the <br />Operating Account. <br />4. BASIC INFORMATION. The Owner has furnished the Agent, to the best of the <br />Owner's ability, with a complete set of plans and specifications of the Proper, <br />copies of all guaranties and warranties pertinent to the Property and its <br />construction. fixtures and equipment, financial statements, accounting records, <br />leases, service contracts, insurance policies and any and all pertinent related <br />documents related thereto. With the aid of this information, discussion with the <br />Owner, and inspection of the Property, the Agent has familiarized it self with the <br />