Agmt 1997 American Golf Corp - Laserfiche WebLink

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Lessee deems appropriate. Without limiting the foregoing, (a) Lessee shall have the right to implement all policies and procedures and to perform any act deemed necessary or desirable for the operation and management of the Leased Premises; (b) Lessee shall have the right to determine all green fees, cart fees, driving range fees and all other charges associated with the operation of the Leased Premises; and (c) Lessee shall have the right to determine all personnel requirements, recruitment schedules and compensation levels and shall employ, train, promote, discharge and supervise all personnel performing services in and about the Leased Premises. Lessee shall utilize its local, regional and national marketing and sales resources for the benefit of the Leased Premises, and shall designate the Leased Premises as available for tournament play, transient play and local play in Lessee's promotional materials. In connection with Lessee's operation and management of the Leased Premises, Lessee shall, on or before January 31 of each Lease Year, submit to Lessor an annual sales and marketing plan for the Leased Premises. The initial marketing plan shall at a minimum contain the elements set forth in Section 6 of Lessee's Proposal to Lessor. Lessor shall have the right to comment upon and make suggestions with respect to said plan; provided, however, while Lessee shall consider all of Lessor's suggestions and comments, Lessee shall not be obligated to implement the same. Lessor's representative is the Golf Course Operations Manager who shall administer this Lease and monitor Lessee's compliance with the terms hereof. Unless otherwise notified by Lessor through its City Manager, Lessee shall deal exclusively by and through the Golf Course Operations Manager and shall have the right to rely upon decisions rendered by the Golf Course Operations Manager who shall be deemed to be the Lessor's authorized representative. Notwithstanding the provisions of Section 3.3, Lessee shall consider in good faith the requests and recommendations of the Golf Course Operations Manager to increase play and revenue or to enhance maintenance and operation of the Golf Facility. 3.3 Limitations. Lessee's rights under Section 3.2 are subject to each of the following limitations: 3.3 (a) During "off-peak" (as defined below) times, Lessee will charge green fees to residents of the City in accordance with a rate schedule approved by Lessor which approval will not be unreasonably withheld or delayed. Lessor shall, in setting resident "off-peak" rates, consider (i) the revenue impacts to the operation of the Golf Facility; (ii) prevailing rates at similar public courses; and (iii) changes in the Consumer Price Index or comparable indicator of cost of living changes. Lessee shall institute and enforce a resident identification and monitoring program to insure that resident rates are offered only to bona fide residents of the City. Lessee will issue LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 4 11/13/97 FINAL 1:\WPD\C5L\136~O1WGREE\GOLFCOUR\AGREEU,EASE.CLN