CC PACKET 06271995 - Laserfiche WebLink

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OPERATING AGREEMENT 6/13/95 This Operating Agreement is entered into as of . 1995, by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("Owner"), and ERNIE SWANSON, doing business as Ernie's Catering Service, the principal office of which is at 1885 Newberry Avenue North, Stillwater, Minnesota 55082 ("Operator"). A. Owner is the owner of the restaurant and on-sale liquor establishment (the "Premises") known and referred to as the "Stonehouse" and located at 2700 Highway 88 , St. Anthony, MN 55418. B. Owner desires that a full service bar and restaurant be operated in the Premises, with the food service portion of the restaurant ("Food. Service") to be under the operation and management of the Operator, and with the service of liquor and soft drinks ("Beverages") to be under the operation and control of the Liquor Operations of Owner. For purposes of this Agreement the term Beverages does not include coffee, tea or milk, which will be considered a part of Food Service. C. Operator is experienced in the management, supervision and operation of food service facilities. • D. Owner desires to engage Operator to supervise, manage and otherwise cause to be performed the operation of the Food Service and Operator desires to perform such services on the terms and conditions hereinafter specified. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, Owner and Operator hereby mutually agree as follows: 1. TERMS OF ENGAGEMENT. Owner hereby engages Operator as the manager to supervise and direct the operation and management of the Food Service on the terms and conditions hereinafter set forth. Operator hereby accepts such engagement and agrees to manage the Food Service and to diligently perform and discharge the duties and responsibilities set forth herein. 2. RELATIONSHIP OF THE PARTIES. 2.01 Independent Contractor. Owner and Operator are not to be considered joint venturers or partners, or one as the agent of the other. The relationship of Operator to Owner is and at all times hereafter shall remain solely that of an independent contractor, and nothing herein shall be deemed to create any other relationship between them. Neither party shall have the power to.legally bind or obligate the other, nor shall either party be liable for debts incurred by the other, except as may be • specifically otherwise provided herein.