PLEASANTON GOLF - COURSECO OPERATOR AGREEMENT

3.04 Premises. 3.04.1 CITY's Right of Possession. This Agreement does not constitute a lease and the right of possession of the Premises shall at all times remain with CITY. CITY and its authorized representatives shall have the right to enter the Premises at any time without notice and for any purpose, including, without limitation, the following: to determine whether the Premises are in good condition and whether OPERATOR is complying with its obligations under this Agreement; to do any necessary maintenance and to make any restoration to the Premises that CITY has the right to perform; to serve, post or keep posted any notices required or allowed under the provisions of this Agreement; to show the Premises to prospective brokers, agents, buyers, tenants, operators any time during the term of the Agreement; and to undertake emergency maintenance, repairs or restoration. CITY reserves the right to establish, grant or utilize easements or rights -of -way over, under, along and across the Premises. 3.04.2 This subsection intentionally left blank. 3.04.3 Condition of Premises. OPERATOR acknowledges that, except as expressly set forth in this Agreement, CITY has made no representations or warranties concerning the condition of the Premises as of the Effective Date, but it is recognized the condition of the Premises is subject to ordinary wear and tear for like properties and similar business operations. OPERATOR agrees to continue operations as of the Effective Date. This Agreement is subject to all easements, liens and other interests affecting title to the Premises, whether or not they are of record. 3.05 Improvements. Except in the event of an emergency threatening imminent injury to persons or damage to property, OPERATOR shall make no improvements, additions, alterations or changes to the Golf Course ("Improvements") in excess of which would meet the definition of Capital Expenditure in Section 1.05, unless OPERATOR: (i) obtains the prior written approval of the Director, which approval may be granted or withheld in the sole and absolute discretion of the Director; (ii) complies with such terms and conditions as may be imposed by the Director; (iii) secures all applicable licenses, permits and other governmental approvals for the Improvements; and (iv) causes the Improvements to be designed and constructed so as to be consistent with the architecture and design of the currently -existing Golf Course, unless otherwise specifically approved by the Director in writing. Any such Improvements shall be shown on as -built drawings that shall be delivered to the Director within thirty (30) days of completion of the work. 3.06 Parkin Lot Joint Use. OPERATOR acknowledges that the Golf Course Parking lot is a joint use facility used both by patrons of the Golf Course and by persons accessing the open space trails. OPERATOR agrees to permit such joint use of this parking lot during the term of this Agreement, subject to reasonable conditions as may be approved by the Director. OPERATOR and CITY shall meet to discuss the potential for parking demands that exceed the capacity of the parking lot and shall consider possible ways to address these demands.