SAMPLE DEVELOPMENT SERVICES SUBCONTRACT

THIS DEVELOPMENT SERVICES SUBCONTRACT (Agreement) made as of the ___ day of ____________, ____ by and between [DESIGN-BUILDER] (Design-Builder)and [DEVELOPMENT MANAGER] (Development Manager)for development services in connection with the development, design, and construction of the [PROJECT] office building to be built in ____________.

RECITALS

WHEREAS, [OWNER] (Owner)has entered into an agreement dated ____________, ____ with Design-Builder (Design-Build Agreement) for the development, design, and construction of the [PROJECT] office building (Building)to be built in ____________ (Project); and

WHEREAS, Design-Builder has entered into a subcontract agreement dated ____________, ____ with [ARCHITECT] (Architect)for the design of the Project (Design Contract); and

WHEREAS, Design-Builder has entered into a subcontract agreement dated ____________, ____ with a general construction manager (Construction Manager) for the construction of the Project (Construction Contract); and

WHEREAS, Design-Builder desires to retain Development Manager to provide development management services to be rendered in connection with the Project, and Development Manager desires to provide those services;

NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby do covenant and agree as follows:

ARTICLE 1

TERM

1.1 The term of this Agreement (Term) shall commence as of the date of this Agreement set forth hereinabove, and shall expire, if not sooner terminated by the parties pursuant to Article 10 below, upon the date which is twelve (12) months following the achievement of Substantial Completion of the Project. "Substantial Completion" of the Project means that date on which the Certificate of Occupancy for the Building is obtained.

ARTICLE 2

SCOPE OF DEVELOPMENT MANAGEMENT SERVICES

2.1 Appointment.