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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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5/29/2025 1:42:46 PM
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BOCC
Date
6/3/2025
Meeting Type
Business
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Agenda
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8-p
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18 <br /> administer and use reasonable commercial efforts to ensure compliance with such <br /> Existing Contracts to the extent provided to Manager and to the extent necessary to <br /> maintain operations at the Facility. <br /> 9.2 Execution of Contracts. Manager shall have the right to enter into <br /> Service Contracts, Revenue Generating Contracts, and other contracts related to the <br /> operation of the Facility. Any such material agreements shall contain standard <br /> indemnification and insurance obligations on the part of each vendor, licensee or service <br /> provider, as is customary for the type of services or obligations being provided or <br /> performed by such parties. No such contracts shall create an agency relationship between <br /> Owner and Manager. Except as otherwise provided herein, no such contracts shall be <br /> binding upon the Owner. <br /> 9.3 Transactions with Affiliates. Manager may purchase or procure such <br /> services, or otherwise transact business with, an Affiliate of Manager, provided that the <br /> prices charged and services rendered by such Affiliate are competitive with those <br /> obtainable from any unrelated parties rendering comparable services. Manager shall, <br /> if requested by Owner, provide reasonable evidence establishing the competitive nature <br /> of such prices and services, including if appropriate, competitive bids from other persons <br /> seeking to render such services at the Facility. <br /> ARTICLE 10 <br /> AGREEMENT MONITORING AND GENERAL MANAGER <br /> 10.1 Contract Administrator. Each party shall appoint a contract administrator <br /> who shall monitor such party's compliance with the terms of this Agreement and who shall <br /> have authority to make day-to-day decisions regarding the terms of this Agreement. <br /> Manager's contract administrator shall be its General Manager at the Facility, unless <br /> Manager notifies Owner of a substitute contract administrator in writing. Owner shall notify <br /> Manager of the name of its contract administrator within thirty days of the Effective Date. <br /> Any references in this Agreement requiring Manager or Owner participation or approval <br /> shall mean the participation or approval of such party 's contract administrator except that, <br /> unless otherwise provided herein, approval of amendments to this Agreement must be <br /> approved by Owner's governing board. <br /> ARTICLE 11 INSURANCE <br /> 11.1 Liability Insurance. Manager shall secure and deliver to the Owner prior to the <br /> commencement of the Term and shall keep in force at all times during any period in which <br /> Manager has operations at the Facility, a commercial liability occurrence insurance policy, <br /> including public liability and property damage, covering the premises and the operations <br /> hereunder, in the amount of Five Million Dollars ($5,000,000.00) for bodily injury and Five <br /> Million Dollars ($5,000,000.00) for property damage, including products and completed <br /> operations and independent contractors. Manager shall also maintain Property Damage <br /> Insurance with a single limit of not less than Five Million Dollars ($5,000,000.00) per <br /> occurrence. Manager shall also maintain umbrella liability insurance from these limits up <br />
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