PLEASANTON GOLF - COURSECO OPERATOR AGREEMENT

4.07.2 Chemical Herbicides and Pesticides. OPERATOR shall not cause or permit the application of biocides, defoliants, chemical fertilizers, pesticides, herbicides, fungicides or other agri-chemicals, except as set forth in the Integrated Golf Course Management Plan, Exhibit S, and in compliance with the Hazardous Materials provisions set forth in Section 5.13. OPERATOR shall ensure that employees are trained and knowledgeable about best management practices for using fertilizers, herbicides and pesticides to prevent any Hazardous Materials release and how to handle any such accidental release in accordance with the Emergency Response Plan, attached and incorporated as Exhibit I. OPERATOR shall obtain any required permits and submit any required reports related to the use of permitted biocides, defoliants, chemical fertilizers, pesticides, herbicides or other agri-chemicals, including the County Agriculture Commissioner. 4.07.3 Water Courses. OPERATOR shall not cause any ponding on the Premises or any flooding on adjacent land. Unless otherwise specifically directed by CITY, OPERATOR shall not engage in any activity that causes any change, disturbance, fill, alteration or impairment to the bed, bank or channel of any natural water course, wetland or other body of water on, in, under, or about the Premises; nor shall OPERATOR engage in any activity that would pollute or degrade the surface or subsurface waters or result in the diminution or drainage of such waters. 4.07.4 Municipal Water and Utilities. At all times during the Term of this Agreement, OPERATOR shall use its reasonable best efforts to protect the municipal water facilities, and the facilities or other utilities located on the Golf Course, from any damage, injury or disturbance. If OPERATOR or any of its agents or Invitees damages, injures or disturbs any of the foregoing facilities, OPERATOR shall immediately notify CITY of that occurrence. 4.07.5 Waste Disposal. OPERATOR shall provide adequate trash facilities on the Premises and shall promptly empty the containers when full. OPERATOR shall use its best efforts to reduce the amount of trash and waste generated from Golf Course and to acquire products for use on the Premises that reuse or recycle packaging. OPERATOR shall not permit the burning, dumping or other disposal on, under or about the Premises of landfill, refuse, hazardous materials or other materials, with the exception of Golf Course clippings that can be dispersed on the Golf Course. OPERATOR shall dispose of all wastes in compliance with Legal Requirements and Environmental Laws. 4.07.6 Trees and Other Plant Materials. OPERATOR shall maintain all trees and other plant materials on the Golf Course in compliance with the Golf Course Manual and environmental permits as set forth in Section 4.07.7. Unless OPERATOR is replacing the tree or other plant materials with like kind and quantity, OPERATOR shall not remove or destroy any tree or other plant materials on the Premises without the prior written approval of the Director and the CITY's Director of Planning and Community Development. In the case that a tree, or portion of a tree, has fallen on the Golf Course and becomes a safety hazard, Director's oral approval is acceptable for removal or pruning. All pruning shall be consistent with the International Society of Arboriculture Tree Pruning Guidelines. However, any pruning of a Heritage Tree, as defined by the Pleasanton Municipal Code, must meet certain requirements and the removal of a Heritage Tree requires permission from the CITY's Landscape Architect. 15