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

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employees as needed to support manager’s organization as a whole, including but not limited to travel for training and temporary staffing coverage. Manager shall have the right to utilize the Facility to host events for its employees from time to time for the purpose of learning and development, at no cost to the operational budget other than that incurred by the staff who are regularly stationed at the Facility. However, any such utilization of the facility shall not inhibit or impair use of the Facility by Orange County residents. 5.7 Observance of Agreements and Policies. The Owner agrees to pay, keep, observe, and perform all payments, terms, covenants, conditions, and obligations under any agreements, leases, bonds, debentures, loans and other financing and security agreements to which the Owner is bound in connection with its ownership of the Facility subject to annual appropriations. The Manager agrees to pay, keep, observe, and perform all payments, terms, covenants, conditions, and obligations under any agreements, leases, bonds, debentures, loans and other financing and security agreements to which Manager is bound in connection with management of the Facility. Further the Manager shall follow all policies and guidelines of the Owner existing at the time of the Effective Date or that may be adopted hereafter (described in Exhibit C), as such policies and guidelines may from time to time be amended, provided the Owner notifies the Manager in writing that such policies and guidelines are applicable to the Facility including, without limitation, any methodology pertaining to the allocation of any costs and expenses by the Owner to the Facility as permitted herein. Upon notification of the applicability of a policy it is Manager’s responsibility to remain knowledgeable and informed regarding such policy and all amendments thereto. Exhibit C may be amended without formal amendment of this Agreement through Owner’s written notice to Manager via electronic mail. Upon receipt of such notice Manager should respond and acknowledge the amendment and applicability of such policy to the Facility and management thereof. Should Manager fail to respond to the notice and acknowledge the amendment, such amendment to Exhibit C shall become effective three (3) calendar days after the date the notice is sent. ARTICLE 6 PERSONNEL 6.1 Generally. All Facility staff and other personnel shall be engaged or hired by Manager in its sole discretion, and shall be employees, agents, or independent contractors of Manager, and not of the Owner. Manager shall select employees in its sole discretion subject to the Non-Discrimination Policy and Living Wage Policy of Orange County. Manager agrees to use reasonable and prudent judgment in the selection and supervision of such personnel. Owner specifically agrees that Manager shall be entitled to pay its employees, as an Operating Expense, bonuses and benefits in accordance with Manager's then current employee manual, which may be modified by Manager from time to time in its sole discretion. 6.2 General Manager and Management-Level Employees. Personnel engaged by Manager will include a full-time on-site General Manager and other Management-Level Employees. The General Manager will have general supervisory Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE