2005 S Purchasing & Recreation Factory Partners

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MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (this "Agreement") dated as of the 1 S~' of December 2005, by and between Orange County, North Carolina, P.O. Box 8181, Hillsborough, NC 27278, a political subdivision of the State of North Carolina ("the County"), and Recreation Factory Partners (a division of IV Sports Factory, LLC), 143-240 S. Main Street, Wake Forest, NC 27587 ("RFP"). BACKGROUND The County is the owner of the Recreation Complex and Ice Arena described in the attached Schedule A, which Complex and Arena is located in Orange County, North Carolina ("Facility"). RFP is engaged, among other things, in the business of providing management services, including operations services for public recreation and ice arena facilities. The County desires to engage RFP, and RFP desires to accept such engagement, to provide management services for the Facility on the terms and conditions set forth herein. The County and RFP intend to work in mutual accord in order to ensure provision of high quality management services, thereby enhancing the use and enjoyment of the Facility. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Definitions For purposes of this Agreement, the following terms have the meanings referred to in this Section 1: "ADA" -the Americans with Disabilities Act, 42 U.S.C. Sections 12101-12213 as amended by the Civil Rights Act of 1991 (42 U.S.C. Section 1981(a)), as it now exists and as it maybe amended in the future by statute or judicial interpretation. "Approved Budget" -any budget submitted by RFP and approved by the County pursuant to Section 5 hereof. "CERCLA" -the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act. 2