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<br />GOLF COURSE OPERATING MANAGEMENT <br />SERVICES AGREEMENT <br /> <br />THIS AGREEMENT is made as of the 1st day of April, 2010, by and between the CITY OF <br />LOUISVILLE, COLORADO, ("City") and WESTERN GOLF PROPERTIES, LLC, a California limited <br />liability company ("WGP"). <br /> <br />RECITALS <br /> <br />A. City owns or controls, certain real property located in the City of Louisville, Colorado. <br />B. City owns a public golf course known as the Coal Creek Golf Course, 585 W. Dillon Rd., <br />Louisville, CO 80027, and certain related improvements, including but not limited to clubhouse <br />complex with food, beverage and alcohol beverage service, driving range, golf course <br />maintenance buildings, a golf car storage facility, parking areas, and related landscaping <br />(collectively, the "Golf Course"). <br />C. City desires to retain WGP to manage and operate the Golf Course and WGP agrees to such <br />retention on the terms and conditions set forth below. <br />D. The Golf Course will be open to the general public. <br />E. WGP is a professional golf course management company qualified to provide golf course <br />management and promotion services. <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, City and WGP agree as follows: <br /> <br />AGREEMENTS <br /> <br />ARTICLE I <br />Definitions <br /> <br />1.01 Defined Terms. When used in this Agreement, including any exhibits or schedules attached <br />hereto, the following terms shall have the meaning ascribed to them in this Article, unless the context clearly <br />indicates a contrary intent: <br /> <br />"Affiliate" shall mean, with respect to any entity that is a party to this Agreement, (a) any officer, <br />director or employee of, or general partner in, such entity, and (b) any individual, corporation, partner, <br />partnership, trust or other entity which owns or controls, or is owned or controlled by, or is under common <br />ownership or control with, such entity. As used herein the term "control" shall mean the power to direct or <br />cause the direction of the management and policies of an entity, whether through the ownership of partnership <br />interests or voting securities, by contract, by appointment to a managerial position, or otherwise. <br /> <br />"Agreement" shall mean this Golf Course Operating Management Services Agreement. <br /> <br />"Basic Fee" shall mean the amount listed in Article V of this Agreement. <br /> <br />"Equipment and Supplies" shall mean all equipment and supplies used or useful in the operation ofthe <br />Golf Course. <br /> <br />1 <br /> <br />Initials: ~ <br />