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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 />contained in the Owner’s Strategic Plan. <br /> <br />5.4 Right of Use by Manager. The Owner hereby gives Manager the right of access <br />and use of the Facility for the Term, and Manager accepts such right of use, for the purpose <br />of performing the services herein specified, including the operation and maintenance of all <br />physical and mechanical facilities necessary for, and related to, the operation, maintenance <br />and management of the Facility. <br /> <br />5.5 Right of Use of Staff by Manager. Manager shall have the right to utilize its <br />employees as needed to support Manager’s organization as a whole, including but not <br />limited to travel for training and temporary staffing coverage. Manager shall have the <br />right to utilize the Facility to host events for its employees from time to time for the purpose <br />of learning and development, at no cost to the operational budget other than that incurred by <br />the staff who are regularly stationed at the Facility. However, any such utilization of the facility <br />shall not inhibit or impair use of the Facility by Orange County residents and such use shall <br />not occur more often than once quarterly. In such event Manager shall provide reasonable <br />advance written notice to Owner. <br /> <br />5.6 Observance of Agreements and Policies. The Owner agrees to pay, keep, <br />observe, and perform all payments, terms, covenants, conditions, and obligations under <br />any agreements, leases, bonds, debentures, loans and other financing and security <br />agreements to which Owner is bound in connection with its ownership of the Facility <br />subject to annual appropriations. Manager agrees to pay, keep, observe, and perform all <br />payments, terms, covenants, conditions, and obligations under any agreements, leases, <br />bonds, debentures, loans and other financing and security agreements to which Manager is <br />bound in connection with management of the Facility. Further Manager shall follow all <br />policies and guidelines of the Owner existing at the time of the Effective Date or that may be <br />adopted hereafter, as such policies and guidelines may from time to time be amended, <br />provided Owner notifies Manager in writing that such policies and guidelines are applicable <br />to the Facility including, without limitation, any methodology pertaining to the allocation of <br />any costs and expenses by Owner to the Facility as permitted herein. Upon notification of <br />the applicability of a policy it is Manager’s responsibility to remain knowledgeable and <br />informed regarding such policy and all amendments thereto. Upon receipt of such notice <br />Manager shall respond and acknowledge the amendment and applicability of such policy to <br />the Facility and management thereof. Should Manager fail to respond to the notice and <br />acknowledge the policy directive, such policy shall become effective three (3) calendar days <br />after the date the notice is sent. As of the Effective Date such policies are further described <br />in Exhibit C. <br /> <br />ARTICLE 6 PERSONNEL <br /> <br />6.1 Generally. All Facility staff and other personnel shall be engaged or hired by <br />Manager in its sole discretion, and shall be employees, agents, or independent <br />contractors of Manager, and not of the Owner. Manager shall select employees in its sole <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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