Golf Course Advisory Board Agenda and Packet 2010 06 21

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maintain at the Golf Course all Equipment and Supplies. (q) Subject to applicable agreements and City requirements, repair or replace, as necessary, all Equipment and Supplies. (r) Immediately advise City of any discovery by WGP of any Hazardous Substances in, on or about the Golf Course. Promptly following such discovery, WGP will jointly determine with City the actions which should be taken to ensure that the presence of such Hazardous Substances in, on or about the Golf Course will not constitute a violation of any Legal Requirement. Upon approval by City of any action recommended by WGP, promptly take such action. (s) Diligently pursue the collection of all sums due and owing to City or WGP from all purchasers of goods and/or services relating to the Golf Course. (t) Develop a set of written guidelines ("Operational Guidelines") for the Golf Course, which shall be subject to City review and approval, and operate the Golf Course in compliance with the Operational Guidelines. The Operational Guidelines shall include hours of operation for the Golf Course, the clubhouse, the pro shop and other facilities, and other policies relating to the operation of the Golf Course. The City may elect to require that the Operational Guidelines be updated and submitted for City review and approval on an annual or less frequent basis. (u) Review periodically its financial reports, projections, management work, programs and efforts with the City, on such an ongoing and continuous basis as shall be reasonable and necessary and as reasonably requested by the City. Such review shall include periodic written reports and meetings with City representatives. If requested by the City, the Director of Golf and Golf Course Superintendent shall attend such meetings. The City shall be kept fully informed of all Golf Course management activities and operations. 4.02 City's Responsibilities. Throughout the Term, City may, in its sole and absolute judgment, sell, encumber, subordinate, assign, lease, sublease and otherwise deal with the City's real property in the Golf Course, as the sole and absolute owner thereof, upon ninety (90) days notice to WGP. City need not consult with or otherwise obtain the consent of WGP, except as may be required pursuant to any separate agreement executed in connection with any capital improvements constructed or funded by WGP. In addition, City shall reasonably cooperate with WGP in WGP's fulfilling of its responsibilities hereunder and shall promptly notify WGP of any potential or actual failure of WGP to fulfill its responsibilities. 4.03 Capital Improvements. WGP capital improvements to the Golf Course made after the effective date of this Agreement shall be handled in accordance with the following provisions: (a) Throughout the Term, WGP agrees to perform necessary and desired capital improvements to modify, expand or improve the Golf Course and shall submit to the City proposals for same. Such improvements may include, by way of example and not limitation, renovations to the clubhouse; replacement of the Golf Course irrigation system; replacement of cart paths; reconstruction or improvement of the driving range/learning center or maintenance facility; installation of new signage, greens, tee boxes, fairways and rough, or improvements to the Golf Course parking lot. Upon City approval of the proposed capital improvement(s), WGP shall at its sole expense negotiate, execute and supervise all necessary agreements for completion of the improvements and shall supervise and coordinate, at its expense, their completion in a timely and efficient manner in accordance with all Legal Requirements. 7 Initials: ~