Reso 2020-052 - Laserfiche WebLink

Home

3.6.3 Temporary Assignment of Other Manager Personnel. If Manager shall reasonably deem it advisable, and after Owner's prior approval, Manager may temporarily assign to the Facility the general manager, the head golf professional, and other members of the management staff from the employees of Manager or Affiliates of Manager or from the staff of Other Manager Facilities. During such time as these employees are temporarily assigned to the Facility, all such employees will be paid their regular Compensation, and the pro -rata share of such employees' Compensation equal to the actual time such employees worked at the Facility shall be an expense of the Facility. 3.7 Restrictions on Use of Facil (a) The Facility shall be used solely for the operation of a golf course, and to the extent applicable, a retail golf shop, bar and restaurant, banquet facility, driving range, and such other uses and amenities as may be approved by Owner and are compatible with the operation of a golf course including, by way of illustration and not limitation, a golf school. (b) Manager agrees not to carry on any dangerous activity at the Facility, or to use the Facility for any purpose which would increase existing rates of insurance or cause tort claims, litigation, or cancellation of any insurance policy carried by Owner or Manager. Manager shall cause the Facility to comply with all legal and insurance requirements relating to the condition, use, and occupancy of the Facility. 3.7.1 Material Change to Golf Operations. Manager acknowledges that Owner is in negotiations with a developer for redevelopment of portions of the Shoreline area. As part of that proposed project, Owner intends to sell a portion of the existing Executive golf course and to redevelop the remaining land to a new 9 hole, par 3 course (with a foot/disc golf component). During the timeframe that the Executive course is closed, Manager shall offer reduced fees for the public who wish to play 9 holes only on the par 71 golf course, as set forth in the approved Annual Plan. Manager shall continue to receive full Management Fee, as outlined in Section 5.1 during the time that the Executive course is closed. 3.8 Liquor License. Manager shall, as an expense of the Facility, maintain the current liquor license issued by the State of California in Manager's name, permitting the sale of alcoholic beverages (including beer, wine, and liquor) at the Facility. Manager shall be solely responsible for liquor sales at the Facility and agrees to comply with all requirements of the rules and regulations of the State of California governing the sale of alcoholic beverages. As an expense of the Facility, Manager shall maintain the liquor license(s) in good standing, pay all required fees in connection therewith, and otherwise ensure the proper right and permission to sell alcoholic beverages at the Facility. Management Agreement Between June 1, 2020 City of San Leandro and American Golf Corporation Page 11 of 28