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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 1st 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 Budget. "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 /> 1 <br />