Reso 1997-146 to 150 - Laserfiche WebLink

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12. PRORATION OF INCOME AND EXPENSES. As of the Commencement Date and the expiration or sooner termination of the term of this Lease, Lessor and Lessee shall prorate the following items: (a) All items of income relating to the operation of the Leased Premises including, without limitation, membership dues, locker fees, bag storage fees, deposits for tournaments, deposits for banquets and other functions, deposits for meetings, gift certificates for merchandise in the pro shop, rain checks and other prepaid items. A list of all currently scheduled tournaments, banquets, meetings and other functions to take place after the Commencement Date identified by date, the name of the group, a description of the function, and the amount of any deposit is attached hereto as Exhibit "F." (b) All items of expenses relating to the operation of the Leased Premises including, without limitation, real property taxes and other taxes, utilities, amounts due under Third Party Leases, and any liabilities, if any, under contracts expressly assumed by Lessee relating to the Leased Premises. (c) At least ten (10) days prior to the Commencement Date, Lessor shall deliver to Lessee a tentative statement of prorations setting forth a preliminary determination of all items to be prorated in the First Lease Year and supported by all detail reasonably necessary to make such determination. Prior to the Commencement Date, Lessor and Lessee shall agree on the actual amount to be prorated. 13. RENOVATION AND CAPITAL IMPROVEMENTS. 13.1 Renovation of Golf Course. Lessee shall at its sole cost and expense perform the renovations to the Facility contemplated by the Budget (Exhibit "E" hereto) (the "Renovation"). The Renovation will include the items set forth in the Budget, including without limitation reconstruction of the Tony Lema Course and the Marina Course, renovation of the clubhouse, and renovation of the maintenance facility in accordance with plans and specifications therefor approved by Lessor (the "Renovation"), which approval will not be unreasonably withheld or delayed. Lessee shall be solely responsible to procure and to pay all costs imposed by third parties for permits and entitlements required for the Renovation (collectively, the "Entitlements"). Provided, however, Lessor shall process and bear all costs associated with environmental clearance of the renovation under CEQA and City entitlements such as rezoning and conditional use permits, if applicable. Lessee recognizes that LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 15 11/13/97 FINAL j:\WPD\CSL\136\0l\AGREE\GOLFCOURWGREE\LEASE.CLN