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.
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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,
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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
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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
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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.
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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
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