2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement

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EXHIBIT A MANAGEMENT SERVICES During the Term, Manager will be responsible for all aspects of oversight for the staffing, marketing, maintenance, event management, sponsorship and advertising sales, and day- to-day operations of the Owner's Facility. In addition to all other obligations, responsibilities, and requirements of this Agreement the Manager shall have the following specific responsibilities: 1. Provide a full-time on-site General Manager and other employees as required to meet the operational needs of the Facility. 2. Produce an a nnual plan pursuant to Section 8.13. Owner and the Manager agree to use good faith efforts to resolve any differences regarding the annual plan and any portion thereof so that agreement on the annual plan can be reached as soon as possible after the date Manager submits the annual plan. 3. Present the then current staffing, the incentive bonus plan for employees, and all salaries and payments to employees through the Disbursement Account in the Annual Operations Budget. It is understood by all parties that reductions and additions to various positions may be made at Manager's discretion throughout the year due to business tempo, trends, opportunities, and budget requirements. If a change is recommended that will require expense above the budgeted percentage of labor, the change will be submitted for Owner 's review and approval by Owner via reforecast and revised annual plan or budget. 4. Develop, install, and maintain reasonably appropriate accounting, operating, and administrative controls governing the financial aspects of the Facility, such controls to be consistent with generally accepted accounting principles in the U.S and the Facility financial policy described in Exhibit C. 5. Establish, at a banking institution or institutions subject to the approval of Owner, the Operating Account and Disbursement Account as provided in this Agreement. 6. Subject to the Manager's written notices to Owner as herein, Owner acknowledges that it is solely responsible for all Operating Expenses and capital expenditures required for or on behalf of the Facility provided that such Operating Expenses and capital expenditures are made in accordance with the terms of this Agreement. 7. Administer relationships with all subcontractors, concessionaires, and all other contracting parties to pre-existing agreements, assume responsibility for any and all negotiations, renewals, and extensions relating to any pre-existing agreements, and enforce any such pre-existing agreements. 8. Negotiate, execute, deliver, and administer any and all licenses, occupancy agreements, rental agreements, booking commitments, advertising agreements, concession agreements, supplier agreements, service contracts (including without limitation, contracts for cleaning decorating and set-up, snow removal, general maintenance and maintenance and Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE