Laserfiche WebLink
Operator Agreement between <br />The City of Pleasanton and Pleasanton Golf, LLC <br />This Operator Agreement between the City of Pleasanton and Pleasanton Golf, LLC <br />("Agreement") is entered into this 1 st day of June, 2010, by and between the City of Pleasanton <br />("CITY"), a municipal corporation, and Pleasanton Golf, LLC, a California limited liability <br />company ("OPERATOR"). <br />RECITALS <br />1. In 2005, CITY completed its construction of an 18-hole golf course, driving range, <br />Clubhouse, Pro Shop, cart barn and maintenance facility (collectively the "Golf <br />Course") and awarded an Operator Agreement for the overall maintenance and <br />operation of the Golf Course to OPERATOR. <br />2. CITY desires to continue to utilize the services of OPERATOR for the overall <br />management, maintenance and operation of the Golf Course, collection of fees and <br />other related golf services. <br />3. CITY and OPERATOR agree that the primary objectives for OPERATOR's <br />performance under this Agreement continue to be to ensure high quality golf programs <br />and to generate revenues sufficient for operations and debt service. <br />NOW, THEREFORE, in consideration for the mutual promises hereinafter set forth, the <br />parties hereto agree to as follows: <br />1.0 DEFINITIONS. <br />The following terms shall be defined as follows for the purposes of this Agreement: <br />1.01 Affiliate. "Affiliate" is any and all corporations, partnerships, trusts and other entities <br />directly or indirectly controlled by, controlling or subject to direct or indirect common control <br />of an entity or person. <br />1.02 Annual Plan. "Annual Plan" is defined in Section 3.08.3. <br />1.03 Bank Account. "Bank Account" is defined in Section 9.01. <br />1.04 Capital Btidgct. "Capital Budget" is a budget submitted by the OPERATOR with the <br />Annual Plan to set forth anticipated Capital Expenditures for that year. <br />1.05 Capital Expenditures. "Capital Expenditures" are any equipment or alteration, <br />addition, improvement, repair, replacement, rebuilding or renovation to the Golf Course, the <br />cost of which exceeds Five Thousand Dollars ($5,000.00), or whatever amount may be <br />