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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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an Affiliate of Manager, provided that the prices charged and services rendered by <br />such Affiliate are competitive with those obtainable from any unrelated parties rendering <br />comparable services. Manager shall, if requested by Owner, provide reasonable <br />evidence establishing the competitive nature of such prices and services, including if <br />appropriate, competitive bids from other persons seeking to render such services at the <br />Facility. <br />ARTICLE 10 <br />AGREEMENT MONITORING AND GENERAL MANAGER <br />10.1 Contract Administrator. Each party shall appoint a contract administrator <br />who shall monitor such party's compliance with the terms of this Agreement and who shall <br />have authority to make day-to-day decisions regarding the terms of this Agreement. <br />Manager's contract administrator shall be its General Manager at the Facility, unless <br />Manager notifies Owner of a substitute contract administrator in writing. Owner shall notify <br />Manager of the name of its contract administrator within thirty (30) days of execution <br />hereof. Any references in this Agreement requiring Manager or Owner participation or <br />approval shall mean the participation or approval of such party 's contract administrator <br />except that, unless otherwise provided herein, approval of amendments to this Agreement <br />must be approved by Owner’s governing board. <br />ARTICLE 11 INSURANCE <br />11.1 Liability Insurance. The policy limits shown below are minimums. If Manager <br />maintains broader coverage or higher limits than the minimums shown herein, the Owner <br />shall be entitled to the broader coverage and higher limits maintained by Manager. Any <br />available insurance proceeds in excess of the specified minimum limits of insurance and <br />coverage shall be available to the Owner. Manager shall secure and deliver to the Owner <br />prior to the commencement of the Term and shall keep in force at all times during any <br />period in which Manager has operations at the Facility, a commercial liability occurrence <br />insurance policy, including public liability and property damage, covering the premises and <br />the operations hereunder, in the amount of One Million Dollars ($1,000,000.00) for bodily <br />injury and One Million Dollars ($1,000,000.00) for property damage, including products <br />and completed operations and independent contractors. Manager shall also maintain <br />Property Damage Insurance with a single limit of not less than One Million Dollars <br />($1,000,000.00) per occurrence. Manager shall also maintain Umbrella liability insurance <br />from these limits up to no less than a limit of Five Million Dollars ($5,000,000). Manager <br />shall be the named insured under all such policies. The Owner shall be an additional <br />insured under the foregoing insurance policies, as its interests may appear, and said <br />policies shall contain a provision covering the parties' indemnification liabilities to each <br />other. Certificates of insurance naming Owner and evidencing all the policies required of <br />Manager hereunder along with copies of the paid receipts therefor shall be delivered to the <br />Owner prior to the commencement of this Agreement. Notwithstanding the provisions of <br />this Article 11, the parties hereto acknowledge that the policies herein may contain <br />exclusions from coverage which are reasonable and customary for policies of such type. <br />Each such Manager’s policy or certificate shall contain a valid provision or endorsement <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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