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HomeMy WebLinkAbout91- Bozeman Senior Social Center management agreement MANAGEMENT AGREEMENT THIS Management Agreement hereinafter referred to as "Agreement", made and entered into this _10th day of June 1 1991, by and between the City of Bozeman, a municipal corporation of the State of Montana, located at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and the Bozeman Senior Social Center, a non-profit corporation, with a mailing address of 807 North Tracy Avenue, Bozeman, Montana 59715, hereinafter referred to as "Management"; Further, that the City is owner of all of that building and grounds known as the Bozeman Senior Citizen Center hereinafter referred to as Center located at 807 North Tracy Avenue and which Center requires an able and experienced operator to manage the Center. Further, that Management is able and experienced in operating and managing such facilities, and is ready, willing, and able to manage the Center. W I T N E S S E T H It is mutually understood and agreed by and between the parties hereto as follows: 1. Premises: The City, for and in consideration of the covenants to be performed by Management, does hereby enter into an agreement with Management for the management of the following described premises situated in the City of Bozeman, County of Gallatin, State of Montana, to-wit: All of that building and grounds known as the Bozeman Senior Citizen Center located at 807 North Tracy Avenue. 2. Terms: a. Management shall manage said Center for and during the full term of one (1) year, from and after the 1st day of July 1991, to and including the 30th day of June 1992, unless sooner terminated as provided for in Paragraph 10 herein. b. It is understood and agreed that if Management shall, during the term, well and faithfully perform all of the covenants and conditions contained in this Agreement, and if the Agreement is not terminated during said term, then Management shall have the right and privilege, at its option, to extend the term for two (2) additional periods of two (2) years each for a total of four years. To exercise such option, Management shall give notice in writing by registered mail at the address hereinafter set forth of its offer to renew said Agreement at least sixty (60) days prior to the termination of the term herein specified. Any extension or renewal shall be upon the same covenants and conditions contained in this Agreement. 3. Utilities: a. The City shall have all utilities, including but not limited to electricity, gas, water and sewer placed in its name and shall pay all bills therefor. 4. Care of Center, Improvements by Management: a. Management at its own expense, shall supply full janitorial service to the building. Further, Management, supported in part through budgetary considerations provided by the City, shall provide and maintain the entire building in satisfactory working condition including, but not limited to, heating, plumbing, light fixtures and bulbs and all utilities. The City shall maintain the grounds thereof, including snow removal from the parking lot and perimeter sidewalks adjacent to the streets, and lawn care; Management shall keep all other sidewalks free of ice and snow, b. After termination of this Agreement, whether by forfeiture or expiration of the terms of said Agreement, Management will redeliver possession of said Center to the City in as good condition and state of repair as the same shall be at the time this Agreement takes effect, reasonable wear and tear and damage by the elements excepted, provided, however, that Management shall not make any changes or alteration in the building or to its structure nor place any signs on the exterior building or the exterior premises without first having obtained the written consent of the City Manager or such other person as the City Manager may designate in writing. -2- C. All improvements require prior approval by the City and when installed become a permanent part of the Center and shall become the property of the City. d. All property purchased with City funds shall remain the property of the City. e. All property donated to the City for use at the Center shall become the property of the City. f. Property owned by Management and not attached to the Center shall remain the property of Management. 9- Maintenance of property owned by Management or other groups or individuals shall continue to be the responsibility of the owner thereof. 5. Use of the Premises: It is understood and agreed that Management will manage the premises as a senior citizens social center, and Management further agrees that it will not use or permit the use of the premises contrary to any valid laws of the State of Montana or ordinance of the City of Bozeman. G. Right to Assignment: Assignment Management will not assign this Agreement, or any part thereof, except as otherwise provided for herein. Rental Rental charges and fees for the use of the Center established by the City shall be collected by Management and paid to the City's Finance Department and credited to the All-purpose General Fund for the operation of the Center. Management shall be responsible for collecting rent hereunder, which pursuant to this section will be deposited with the City's Finance Department with one-half of said rental fees, if any, being returned to Management for managing the facility. However, Management may lease its equipment, personnel and personal property under such terms and conditions as it may deem appropriate; any proceeds derived by Management thereby are not intended to be included in the proceeds deposited with the City as provided herein. Senior citizen organizations using the facility shall schedule and coordinate their activities with approval of Management. Limited storage space may be provided for senior citizen organizations who desire to keep property, equipment and supplies at the Center. Designation and distribution of storage areas, and assigning thereof shall be at the direction of Management. It shall be the responsibility of such organizations to provide their own secure- lockers and containers for such storage; neither the City nor Management shall incur any liability for property so stored. Non-senior functions shall be scheduled by Management so as not to conflict with scheduled senior activities. Rules All persons and organizations using the Center or grounds shall abide by the rules established by Management and approved by the City. Senior citizens shall have the preference in the event a conflict occurs. Non-Discrimination No person shall, on the basis of race, creed, sex, sexual preference, color, age, national origin, marital status, handicap, religion, membership or any other constitutionally recognized right be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity carried out or conducted in the Center or upon its grounds. Office Space Three office spaces are available in the Center and may be available to agencies providing services to senior citizens. Request for said spaces will be submitted to Management with approval by the City commission, subject to the agency entering into a written agreement with the City. 7. Default: In the event Management fails to fulfill any of the covenants herein contained and any such default continues unremedied for a period of sixty (60) days after written notice specifying such default shall have been mailed to Management, -4- then and in such event, it shall be lawful for the City to enter and take full and absolute possession of the above-described premises and to hold and enjoy the same fully and absolutely or the City may re-enter and remove Management and those claiming under it by means of summary proceedings required by law to be given or taken preliminary to re-entry by the City under the terms hereof. 8. Indemnification. Insurance: a. Management agrees to indemnify and save the City harmless of and from any and all liability, damage, expense, cause of action, suits, claims or judgments resulting from injury to person or property occurring within the premises or on the adjoining property which arises out of the act, failure to act, or negligence of Management, Management's agents, employees' invitees or guests. b. Management further agrees that it will, at all times during the term of this Agreement, maintain and pay for comprehensive general liability insurance affording protection to the City and Management, naming the City as an "additional insured" under the policy or policies for combined bodily injury and property damage limit of liability of not less than One Million Dollars ($1,000,000.00) , for each occurrence. Management further agrees to deliver to the City, prior to the commencement of the term hereof, a certificate or certificates of an insurance company or insurance companies satisfactory to the City, evidencing such insurance and that the City is named as an "additional insured" on the comprehensive general liability insurance policy or policies. 9. Property Insurance: a. The City agrees that it will, during the original term hereof, or any extension thereof, keep in effect upon the premises, such insurance as it deems necessary on the shell of the building and such fixtures as are a part of the building. b. Except as otherwise specified herein, Management shall be solely responsible for all fixtures and improvements made by it as well as for all personal property belonging to it or any -5- third party and may insure such as Management desires. C. Waiver of Subrogation - Fire Legal Liability. Each party agrees, in consideration of the terms contained in this Agreement, that neither the City nor Management shall be responsible to the other for real or personal property loss or damage caused by fire. 10. Cancellation of Agreement: a. Either party may terminate this agreement by delivery to the other party of at least one hundred eighty (180) days written notice of the termination and the effective date thereof. The City may terminate immediately for cause. Cause is defined as allowing illegal activities to be conducted in or upon the premises, to allow other violations of law to occur in or upon the premises, or to cause a lien to be filed upon the premises. b. It is agreed that if the premises shall be so damaged by fire or other casualty as to be rendered totally untenable, and amount virtually to the complete destruction thereof, this Agreement shall cease and come to an end as to both parties. 11. Miscellaneous Covenants and Provisions: a. Management agrees to conform to such reasonable regulations as may be established from time to time by the City. b. Neither Management nor the City shall be deemed to have waived any provision of this Agreement unless such waiver is in writing signed by the City and Management; and no modification of this Agreement shall be binding unless in writing. C. The City shall have the right to re-enter upon and into the premises or any part thereof at all reasonable times to inspect the same or to make any repairs or improvements which it may desire or which might be required to it. d. The covenants and conditions of this Agreement shall be deemed continuing and any forbearance by the City to enforce forfeiture on the occasion of one or more breaches thereof shall not be construed as a waiver of the right to enforce such forfeiture on any subsequent breach. e. All notices prescribed herein shall be written and -6- served by registered mail and directed to the City at P. O. Box 640, Bozeman, MT 59771-0640, Attention: City Manager, or such other place as the city may specify in writing, and to Management at 807 North Tracy Avenue, Bozeman, MT 59715, Attention: Center Director. f. It is mutually agreed and understood that in the event either party hereto shall bring any legal action against the other to enforce any right or obligation based upon this Agreement, each party shall bear its own costs and expenses of any kind and nature whatsoever incident to the prosecution or defense of such action or the preparation thereof, including attorneys fees. 9- it is mutually agreed that time shall be of the essence of this Agreement, that the terms hereof shall bind the successors and assigns of the parties and that all prior understanding of the parties, either written or oral are merged herein and that this document constitutes the entire understanding of the parties. 11. The provisions of this Agreement are severable and the invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provision. i. Management agrees to keep the property free of all liens during the existence of this Agreement or any renewals thereof and it is expressly agreed that the City shall not be liable for any obligation incurred on or in connection with said premises by Management unless otherwise herein provided. it is agreed that no liens may be filed against the City's interest herein by reason of such obligation. j. Management is and shall perform this Agreement as an independent contractor, and as such, shall have and maintain complete control over all of its employees, subcontractors, agents, and operations. Neither Management nor anyone employed by it shall be, represent, act, purport to act or be deemed to be the agent, representative, subcontractor, employee, officer or servant of the City. -7- IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. BOZEMAN SENIOR CITIZENS SOCIAL CENTER BYE/� ATTEST: Its c7cc csv�L_ __ THE CITY OF BOZEMANf l ByC.✓uy ) Its City Manager ATTEST: o 'O Ra in L. Sullivan Clerk of the Commission -8-