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the Golf Course Operations Manager to accommodate the tournament needs of such <br />club to the extent commercially practical. <br />3.3 (n) The Parties acknowledge that not all operational considerations <br />can be accurately predicted and memorialized in this Lease Agreement. Accordingly,' <br />the Parties through their respective representatives, may from time to time execute <br />side letters or memorandum of understanding to ensure proper operation of the Golf <br />Facility, tournaments, special events, charitable functions, and similar activities. <br />3.3(0) Lessee acknowledges that migrating Monarch butterflies occupy <br />portions of the golf course and trees on the golf course. In addition to complying <br />with the applicable Municipal Cade provisions, Lessee will permit, without assuming <br />any liability with respect thereto, public or private guided tours of the habitat areas, <br />provided that it does not interfere with normal play at the Golf Facility and the same <br />can be accomplished in a manner rwhich is safe to both tour participants and golfers. <br />3.3 (p) Lessee shall establish a Quality Control Program to assure that <br />the requirements of this Lease Agreement are met as specified. One copy of the <br />Lessee's Quality Control Program shall be provided to the Golf Course Operations <br />Manager prior to the Commencement Date. The program shall include: <br />Quality Assurance Methods. These are the methods for <br />identifying deficiencies in the quality of service performed before the level of <br />performance becomes unsatisfactory. <br />Records. A method shall be established for recording all reviews <br />of operations made by the Lessee and its staff and the corrective action taken. This <br />documentation shall be made available to the Golf Course Operations Manager at <br />any time during the Lease. <br />Quality Assurance. The Golf Course Operations Manager will <br />monitor the Lessee's performance under this Lease using the Maintenance Standards <br />in Exhibit D. The Golf Course Operations Manager shall meet with Lessee's <br />representative on a monthly basis to review the Quality Assurance. <br />3.3 (q) Lessee will negotiate in good faith with Lessor and San Francisco Bay <br />Conference Resort to provide preferred access to the Golf Facility for guests of the <br />Resort. <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 7 <br />11/13/9 % FINAL J:\~'PD\CSL\136\OIWGREE\GOLFCOURWGREEU,EASE.CLN <br />