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. Manager shall provide a full-time on-site General Manager and other employees as required to meet the operational needs of the Facility, within the budgeted percentage of labor. 2. Manager will produce an a nnual plan pursuant to Section 8.13. In the event Owner disapproves the annual plan, revised plans hereunder, and Manager and Owner fail to reach an agreement on a new annual plan within ninety (90) days of such disapproval, either party may terminate this agreement by providing the other party with written notice sixty (60) days prior to the date such party intends to terminate. Owner and the Manager agree to use good faith efforts to resolve any differences in opinion 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 first submits the revised annual plan for such year to the Owner. 3. The Manager shall 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 labor percentage, the change will be submitted for Owner 's review and approval by Owner via reforecast and revised annual plan or budget. 4. The Manager agrees to 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. The Manager shall establish, in the Facility’s name, 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 Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE