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The complete text comes as a computer text file for operators who wish to pursue this avenue of operations. It has been through legal review for use in the State of Colorado and I am sure you will want your legal counsel's opinion of it for use in your area.
However, the review will cost significantly less than it would cost you to have counsel write it from scratch ... if he/she was even capable of doing it for a fee you could afford! (My attorney told me there was no way he could have written it.)
In any case, it is one more possibility to be aware of as you consider options for the future.
Immediate download in Microsoft Word format - $297 Immediate download in WordPerfect format - $297
RESTAURANT MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT entered into this ___ day of _____________, 20___ by and between _____________________, a Washington Corporation ("Owner") having an office at _________________, ________________, Washington and PROTOTYPE MANAGEMENT, INC., a Delaware Corporation ("Operator"), having an office at 1111 - 115th Street Court NW (PO Box 280), Gig Harbor, Washington.
WITNESSETH
WHEREAS, Owner owns a restaurant known as "____________________" ("Restaurant") located at ______________________ in _____________, Washington; and
WHEREAS, Owner desires to assure the profitability of the Restaurant operation; and
WHEREAS, Operator is experienced in the management and operation of restaurants; and
WHEREAS, Owner wishes to obtain the benefits of the Operator's expertise to operate, direct, manage and supervise the Restaurant, subject to the rights and obligations of the Owner as hereinafter set forth, and
WHEREAS, Operator, for a fee, wishes to assume said control and discretion;
NOW, THEREFORE, Owner and Operator covenant and agree as follows:
ARTICLE 1 - TERM OF AGREEMENT 1.1 Operating Term
ARTICLE 2 - MANAGEMENT SERVICES 2.1 Exclusive Management 2.2 Operator's Responsibilities
ARTICLE 3 - OPERATOR TO ACT SOLELY AS AGENT OF OWNER 3.1 Duties 3.2 Debts and Liabilities 3.3 Employees 3.4 Indemnification
ARTICLE 4 - OWNER TO BEAR ALL OPERATING EXPENSES 4.1 Operating Capital 4.2 Advancement of Funds
ARTICLE 5 - WORKING CAPITAL AND BANK ACCOUNTS 5.1 Working Capital 5.2 Agency Account 5.3 Deposit Account 5.4 Reserve Account 5.5 Tax Account 5.6 Imprest Account 5.7 Maintenance of Accounts 5.8 Surety Bonds 5.9 Disposition of Funds
ARTICLE 6 - BOOKS, RECORDS AND STATEMENTS 6.1 Books of Account 6.2 Accounting Periods 6.3 Period Statements 6.4 Certified Annual Statements
ARTICLE 7 - OPERATOR'S MANAGEMENT FEE 7.1 Fee Structure 7.2 Basic Management Fee 7.3 Incentive Management Fee 7.4 Minimum Management Fee 7.5 Items Excluded 7.6 Reduction of Incentive Management Fee 7.7 Allowance for Startup Phase
ARTICLE 8 - PAYMENTS TO OPERATOR AND OWNER 8.1 Payment to Operator 8.2 Payment to Owner
ARTICLE 9 - GROSS SALES AND OPERATING INCOME 9.1 Definition of Gross Sales 9.2 Definition of Operating Income 9.3 Items Excluded
ARTICLE 10 - RESERVE FOR REPLACEMENT 10.1 Reserve Account 10.2 Use of Reserve Fund
ARTICLE 11 - INSURANCE 11.1 Insurance on Building and Contents 11.2 Other Insurance 11.3 Also Insured
ARTICLE 12 - MODIFICATION AND EXTENSION OF AGREEMENT 12.1 Modification 12.2 Extension 12.3 Expiration
ARTICLE 13 - TERMINATION 13.1 Termination 13.2 Termination Fee 13.3 Default
ARTICLE 14 - RIGHTS OF OPERATOR 14.1 Right to Other Ventures 14.2 Use of Systems and Concepts
ARTICLE 15 - RIGHTS AND CONDUCT OF OWNER 15.1 Right to Access 15.2 Conduct Prohibited
ARTICLE 16 - OTHER PROVISIONS 16.1 Income Taxes 16.2 Legal Fees 16.3 Arbitration 16.4 Jurisdiction 16.5 Notices 16.6 Attorney's Fees 16.7 Longevity of Agreement 16.8 Binding 16.9 Entire Agreement
IN WITNESS WHEREOF, Owner and Operator have duly executed this Agreement the day and year first above written.
SCHEDULE A Operating Income
SCHEDULE B Occupation Costs
Immediate download in Microsoft Word format - $297 Immediate download in WordPerfect format - $297
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