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