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courses in Northern California, as well as the change in the Bay Area Consumer Price Index
<br /> Wage Earners for the applicable period. Upon Director's concurrence with the fee increase, the
<br /> proposal shall be submitted to the Parks and Recreation Commission. OPERATOR shall post
<br /> notices of the proposed fee increase at prominent locations in the Clubhouse, which notices
<br /> shall include information concerning the time and place of the Parks and Recreation
<br /> Commission meeting at which CITY intends to consider the fee increase.
<br /> 5.12 Meetings. Representatives of OPERATOR and the Director shall meet on a monthly
<br /> schedule and at such other times as may be required by CITY to review OPERATOR's
<br /> performance under this Agreement, review the monthly financial reports submitted by
<br /> OPERATOR in accordance with Section 9.02, and discuss any problems or matters as
<br /> determined by CITY.
<br /> 5.13 Hazardous Materials
<br /> 5.13.1 Definition of Hazardous Materials. Hazardous Materials shall mean
<br /> a) petroleum; b) asbestos; c) polychlorinated biphenyls; d) radioactive materials; e) any and all
<br /> substances, products, by- products, waste or other materials of any nature or kind which is or
<br /> becomes listed, regulated or addressed by any federal, state or local laws, statutes, ordinances,
<br /> regulations, resolutions, decrees, rules, regulations, directives, orders, guidelines or court
<br /> decisions (collectively "Environmental Laws 0 any materials, substances, products,
<br /> by- products, waste or other materials of any nature or kind whatsoever whose presence in and
<br /> of itself or in combination with other materials, substances, products, by- products or waste give
<br /> rise to liability under any Environmental Law or any statutory or common law theory based on
<br /> negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported
<br /> decision of the state or federal court; or g) any substances, products, by- products, waste or
<br /> other materials which may be hazardous or harmful to the air, water, soil, environment or affect
<br /> industrial hygiene, occupational, health, safety or general welfare conditions.
<br /> 5.13.2 Use and Storage of Hazardous Materials Prohibited. The use and storage of any
<br /> Hazardous Materials on the Premises are prohibited except as follows.
<br /> a) OPERATOR may park and use vehicles and equipment on the Premises in
<br /> connection with Golf Course activities under this Agreement, which vehicles may contain
<br /> gasoline, petroleum products, diesel fuel, and oil of those kinds and quantities normally
<br /> contained in such vehicles and equipment. OPERATOR shall ensure that employees are
<br /> trained and knowledgeable about best management practices for operating and maintaining
<br /> such vehicles and equipment to prevent any Hazardous Materials release and how to handle any
<br /> such accidental release.
<br /> b) Fertilizers, herbicides, fungicides and pesticides on the Golf Course in a
<br /> manner consistent with the Golf Course Maintenance Standards attached as Exhibit C and
<br /> Section 4.07 and Environmental Laws. No biocides, defoliants, chemical fertilizers, pesticides,
<br /> herbicides, fungicides or other agri chemicals shall be stored in the Maintenance Building but
<br /> rather in an appropriate structure on the Golf Course designated by CITY. OPERATOR shall
<br /> ensure that employees are trained and knowledgeable about best management practices for
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