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CONSTRUCTION MANAGEMENT AGREEMENT <br /> THIS CONSTRUCTION MANAGEMENT AGREEMENT, made on <br /> , 2014, by and between the South Bend Redevelopment Commission <br /> ("REDEVELOPMENT COMMISSION"), the South Bend Board of Works ("BOARD OF <br /> WORKS") (collectively, "CITY") and Equal Construction, LLC, an Indiana limited liability <br /> company ("DEVELOPER"). <br /> WHEREAS, the South Bend Redevelopment Commission and Hoffman Hotel <br /> Apartment Housing Partners, L.P., have entered into a Development Agreement, dated <br /> , 2014, relating to the development of a mixed use project to be located in <br /> South Bend, Indiana, and commonly referred to as "The Hoffman Hotel" (the "Development <br /> Agreement"); and <br /> WHEREAS, in order to expedite the process and assist DEVELOPER in completing the <br /> project on time, REDEVELOPMENT COMMISSION and BOARD OF WORKS have agreed to <br /> appoint DEVELOPER as construction manager and agent on behalf of REDEVELOPMENT <br /> COMMISSION and BOARD OF WORKS for the purpose of managing the design, construction <br /> and equipping of the Local Public Improvements (as defined in the Development Agreement). <br /> NOW, THEREFORE, in consideration of the mutual promises, representations, <br /> warranties, covenants and responsibilities, REDEVELOPMENT COMMISSION, BOARD OF <br /> WORKS and DEVELOPER agree as follows: <br /> ARTICLE I. AUTHORITY TO EXECUTE AGREEMENT <br /> Each party represents and warrants to the other party that: <br /> 1.1 The party is duly organized and existing under the laws of Indiana. <br /> 1.2 The party has the power, authority, and legal right to enter into and perform its <br /> obligations set forth in this Agreement, and the execution, delivery, and performance <br /> whereof, have been duly authorized by all necessary action. <br /> 1.3 This Agreement has been duly entered into and delivered and constitutes a legal, valid, <br /> and binding obligation of the party, enforceable in accordance with its terms. <br /> ARTICLE II. DEFINITIONS <br /> 2.1. Capitalized terms not otherwise defined herein shall have the meaning assigned to them <br /> in the Development Agreement. In addition to terms defined elsewhere in this <br /> Agreement, the following terms, for the purpose of this Agreement, shall have the <br /> meanings set forth below: <br /> "Construction Management Services" means the inspection of construction by the <br /> General Contractors, the coordination of, progress payment review with respect to, and <br /> approval of contracts for the General Contractors, and the administration of change <br />