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ATTACHMENT#1 <br /> Second Extension and Amendment <br /> Of <br /> Operator Agreement between <br /> The City of Pleasanton and Pleasanton Golf, LLC <br /> This Extension and Amendment of Operator Agreement between the City of Pleasanton and <br /> Pleasanton Golf, LLC ("Extension Agreement") is entered into this day of , 2020, by and <br /> between the City of Pleasanton ("CITY"), a municipal corporation, and Pleasanton Golf, LLC, a <br /> California limited liability company("OPERATOR"). <br /> RECITALS <br /> 1. On or about June 1, 2010, CITY and OPERATOR entered into Operator Agreement between <br /> The City of Pleasanton and Pleasanton Golf, LLC ("Operator Agreement"). <br /> 2. On or about April 21, 2015, CITY and OPERATOR extended the Operator Agreement for an <br /> additional 5-year period. <br /> 3. The term of the Operator Agreement expires on June 30,2020. <br /> 4. Section 2.02 of the Operator Agreement provides that the Operator Agreement may be <br /> extended by the mutual written agreement of CITY and OPERATOR. <br /> 5. CITY and OPERATOR now desire to amend certain provisions and to extend the term of the <br /> Operator Agreement in accordance with the terms and provisions set forth in this Extension <br /> Agreement. <br /> NOW, THEREFORE, in consideration for the mutual promises hereinafter set forth, the <br /> parties hereto agree to amend the Operator Agreement as follows: <br /> 1. DEFINITIONS, <br /> All capitalized terms used in this Extension Agreement shall have the meanings set forth in <br /> the Operator Agreement unless otherwise expressly set forth in this Extension Agreement. <br /> The following language is added to Section 1.0 Definitions: <br /> 1.85 Claim. "Claim" is any claim, demand, obligation, cause of action, lawsuit, damage, <br /> loss, liability, cost or expense (including without limitation attorneys' fees and other <br /> litigation, mediation, arbitration or judicial reference expenses), of every kind and <br /> character, whether based on tort, contract, or equitable principles, in connection with <br /> any of the activities and obligations of OPERATOR or any of its affiliates,employees, <br /> contractors, or related entities related to this Agreement. <br /> Section 1.39, Insurance Requirements, is amended to add the following sentence after the <br /> existing sentence: Moreover,Insurance Requirements include all policies of insurance necessary <br /> to ensure that the CITY is fully covered for any Claims asserted by any party. <br />