Agreement between City of Buffalo and Marina Management Group LLC

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AGREEMENT BETWEEN CITY OF BUFFALO AND MARINA MANAGEMENT GROUP LLC FOR ERIE BASIN MARINA: RECREATIONAL, MARINA & HOSPITALITY FACILITIES OPERATIONS THIS AGREEMENT, hereinafter “AGREEMENT” is made and entered into as of the _____ day of ______________________, 20____ by and between the CITY OF BUFFALO, a municipal corporation organized under the laws of the State of New York through its Department of Public Works, Parks and Streets, with offices located at 65 Niagara Square, Room 502 City Hall, Buffalo, New York, hereinafter referred to as the “City”, and MARINA MANAGEMENT GROUP LLC, a New York corporation with offices located at [ENTER ADDRESS], hereinafter referred to as the “Operator”. WITNESSETH: WHEREAS, the City issued a request for qualifications (RFQ) soliciting submissions for Erie Basin Marina: Recreational, Marina and Hospitality Facilities Operations (the “Operations”); and WHEREAS, the Operator has been selected by the City to undertake and perform the Operations; WHEREAS, the City and the Operator now wish to enter into an agreement pursuant to which the Operator will undertake and perform the Operations as outlined herein. NOW THEREFORE, the parties hereto agree as follows: 1. A copy of the request for qualifications (with addenda resultant from the included questions posed by prospective operators and City’s responses to questions posed – collectively hereinafter referred to as the “RFQ”) is attached hereto and made a part hereof as Exhibit A. 2. The Operator’s submission (“Operator’s Proposal”) is attached hereto and made a part hereof as Exhibit B. 3. The Operator’s Proposal was ultimately reviewed by the RFQ Review Committee and Operator agreed to modifications to the original RFQ to reflect the operational facts/exigencies of the Erie Basin Marina after in-depth discussions with City staff. Modifications are set forth and clarified as Exhibit B-1 attached hereto and made a part hereof. 4. The indemnity and insurance provisions (the “Indemnity and Insurance Provisions”) are set forth in Exhibit C attached hereto and made a part hereof.