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LEASE AGREEMENT <br />SAN LEANDRO GOLF FACILITY <br />This Lease Agreement ("Lease") is entered into this 15th day of November, <br />1997, by and between THE CITY OF SAN LEANDRO, a Municipal corporation <br />("Lessor" or "City") and AMERICAN GOLF CORPORATION, a California <br />corporation ("Lessee"). <br />WHEREAS, Lessor is the owner of that certain parcel or parcels of land <br />("Land") commonly known as the San Leandro Golf Facility, located in San Leandro, <br />California, and described more specifically in Exhibit "A", together with all buildings, <br />fixtures, and other improvements located thereon, and all bridges, easements, <br />covenants, water rights, and other appurtenant rights (collectively, the <br />"Appurtenances"); <br />WHEREAS, Lessor's Golf Facility located on the Land includes, but is not <br />limited to two (2) golf courses (the 18-hole Tony Lerna Course and the 9-hole Marina <br />Course), a practice range, a pro shop, a coffee shop and bar, a cart barn, and <br />maintenance shop and yard; <br />WHEREAS, a portion of such Golf Facility is situated over a closed landfill; <br />WHEREAS, the Golf Facility is in need of substantial renovation including <br />correction of poor drainage; <br />WHEREAS, Lessee is an experienced developer and operator of golf facilities; <br />and <br />WHEREAS, Lessor desires to lease the Facility to Lessee on certain terms and <br />conditions, including the condition that, except as specifically provided herein, Lessee <br />have no responsibility for the landfill; <br />WHEREAS, Lessor has issued a Request for Proposal ("RFP") for the design, <br />renovation, operation and maintenance of the Golf Facility dated August 1997; and <br />WHEREAS, Lessee has submitted a Proposal responsive to such RFP dated <br />September 11, 1997. Lessor has relied upon the representations, statements, <br />experience, corporate financial strength, marketing plan, maintenance and operation <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 1 <br />11/13/97 FINAL (:\WPD\CSLU36\OIWGREE\GOLFCOURWGREEV.EASE.CLN <br />