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<br />Assil!:nment of Prime Contracts <br /> <br />THIS ASSIGNMENT is made and effective this _ day of ,2007, by the <br />City of Elk River, Minnesota, a municipal corporation ("City") to RJM Construction <br />Management Services Corporation, a Minnesota corporation ("Construction Manager"). <br /> <br />RECITALS <br /> <br />A. City and Construction Manager have entered into that certain agreement entitled <br />Standard Form of Agreement between Owner and Construction Manager, A20FM CMC - 2003 <br />and AGC Document 565 dated ("CM Agreement") regarding the project described <br />therein ("Project"). <br /> <br />B. The Work for Construction of the Project has been competitively bid pursuant to <br />Minnesota law, and City has awarded separate contracts to Prime Contractors. Each Prime <br />Contractor has entered into a written agreement setting forth the terms and conditions of the <br />Work, together with all other plans, specifications, and general conditions as set forth in the <br />Prime Contract (individually, a "Prime Contract" and collectively, the "Prime Contracts"). A <br />List of the Proj ect Prime Contracts is attached as Exhibit A. <br /> <br />C. The CM Agreement allows the assigument by Owner to Construction Manager of <br />the Prime Contracts after the parties have agreed on a Guaranteed Maximum Price ("GMP") and <br />the parties hereby represent that have agreed on a GMP as set forth in the Appendix I to the CM <br />Agreement. <br /> <br />NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties agrees to the following: <br /> <br />1. The Recitals are made a part of this Agreement. <br /> <br />2. Except for the rights and obligations reserved to City in sections 4 and 7 below, <br />City assigns all its rights, benefits, remedies, duties, and obligations under the Prime Contracts to <br />Construction Manager, who hereby assumes such assigned rights, benefits, remedies, duties, and <br />obligations. <br /> <br />3. By this Assigument, Owner agrees to make payments to Construction Manager <br />for the Work described in the Prime Contracts, subject to the terms of the Prime Contracts. City <br />agrees to provide to Construction Manager all services or information required by the Prime <br />Contracts and, with respect to the Construction Manager, retains all duties owed by Owner to <br />Prime Contractors under the Prime Contracts. <br /> <br />4. City, with respect to Construction Manager, reserves its right (and related <br />obligations), to be exercised in consultation with Construction Manager and subject to time and <br />price adjustments contemplated by the CM Agreement and the Prime Contracts, to order changes <br />