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2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement
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2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement
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Last modified
7/31/2025 2:31:40 PM
Creation date
7/31/2025 2:29:33 PM
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Contract
Date
7/18/2025
Contract Starting Date
7/18/2025
Contract Ending Date
7/29/2025
Contract Document Type
Contract
Amount
$194,364.00
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<br />County as additional insureds. All renters shall provide evidence that renter’s <br />liability coverage includes coverage for injuries to athletic participants, <br />evidence of participant liability waivers that release the Manager and Owner <br />and, if applicable, accident insurance. Manager shall require all renters to <br />waive any right to subrogation which any insurer of a renter may acquire by <br />any means and to require any necessary endorsement to effect this waiver of <br />subrogation. <br /> (b) Manager shall acquire and maintain sexual abuse or molestation liability <br />coverage either through separate policy or through endorsement of its general <br />liability policy. Regardless of method such coverage shall have a limit of not <br />less than $1,000,000 per occurrence. <br /> (c) Manager shall acquire and maintain automobile liability coverage with <br />limits of not less than $1,000,000 per occurrence for bodily injury and property <br />damage. <br /> <br />11.7 Self-insured Retentions (SIR). Owner must approve any SIR by Manager. <br />The Owner may require Manager to purchase coverage with a lower retention or provide <br />proof of ability to pay losses and related investigations, claim administration, and defense <br />expenses within the retention. The policy language shall provide, or be endorsed to <br />provide, that the SIR shall be satisfied by Manager, but may, at the Owner’s sole discretion, <br />be satisfied by the Owner. The commercial general liability and any policies, including <br />excess liability policies, may not be subject to SIR that exceed $2,500 unless approved in <br />writing by the Owner. Any deductibles and SIR shall be the sole responsibility of Manager <br />and shall not apply to the Owner except as stated in this subsection. Owner reserves the <br />right to obtain a copy of any policies and endorsements for verification. <br />. <br /> <br />ARTICLE 12 COVENANTS AND REPRESENTATIONS; INDEMNIFICATION <br /> <br />12.1 Owner's Covenants and Representations. Owner makes the following <br />covenants and representations to Manager, which covenants, and representations shall, <br />unless otherwise stated herein, survive the execution and delivery of this Agreement: <br /> <br />(a) Owner's Status. Owner is a county government duly organized, validly <br />existing, and in good standing under the laws of the State of North Carolina with full <br />power and authority to enter into this Agreement and execute all documents required <br />hereunder. <br /> <br />(b) Authorization. The making, execution, delivery, and performance <br />of this Agreement by Owner has been duly authorized and approved by requisite action <br />and this Agreement has been duly executed and delivered by Owner and constitutes a <br />valid and binding obligation of Owner, enforceable in accordance with its terms and <br />applicable laws, except as enforceability may be limited by laws affecting creditors’ rights <br />and principles of equity. <br /> <br />(c) Documentation. If reasonably necessary to carry out the intent <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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