Agenda - Council - 04/23/2024 - Laserfiche WebLink

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RESTAURANT MANAGEMENT AGREEMENT This Management Agreement ("this Agreement") is made and entered into as of , 20 , between LLC a Minnesota limited liability company with its principal offices located at I ("Owner") and MHC LLC a Minnesota limited liability company, with its principal offices located at 345 St. Peter Street, Suite 2000, St. Paul, MN 55102 ("Manager"). In consideration of the promises, covenants and other good and valuable consideration stated in this Agreement, the receipt and sufficiency of which is hereby acknowledged, Owner and Manager agree as follows: ARTICLE ONE DEFINITIONS In addition to the terms that are defined throughout this Agreement, other terms used in this Agreement shall have the meanings set forth in the Appendix of Definitions that is attached to this Agreement. ARTICLE TWO ENGAGEMENT OF MANAGER On the terms and subject to the conditions of this Agreement, Owner hereby engages Manager as Owner's exclusive provider and manager of the food and beverage operations for the Facility, and Manager hereby undertakes and agrees to perform, either directly or through its Affiliates or other subcontractors, the services set forth in this Agreement. ARTICLE THREE SERVICES TO BE PERFORMED BY MANAGER SECTION 3.1 - MANAGEMENT BY MANAGER: On and after the Commencement Date, Manager shall have the responsibility and duty to direct, supervise, manage, and operate the Facility and to determine the programs and policies to be followed in connection with operation of the Facility. However, Manager agrees to consult with and obtain the approval of Owner on all major programs and policy matters which could substantially affect the type, character, or financial performance of the Facility. SECTION 3.2 - DUTIES OF MANAGER: Without limiting the generality of Section 3.1, Manager, at Owner's sole cost and expense, shall be responsible for and is hereby granted exclusive authority to do the following: Manager shall employ, supervise, pay and discharge all employees and personnel necessary, desirable, and appropriate for the operation of the Facility. Each person so hired shall be an "at-will" employee of Manager, and all expenses associated with such employee shall be borne by Owner. All employment policies and procedures, including, without limitation, salaries, wages, evaluations, overtime, vacations, leaves of absence, employee benefits, and procedures shall be determined by Manager. 1