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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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120120
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12
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11/23/2020 3:40:38 PM
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11/23/2020 3:40:36 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/1/2020
DESTRUCT DATE
15Y
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2. TERM AND EFFECTIVE DATE, <br /> The term in Section 2.01 of the Operator Agreement as amended and extended by this <br /> Extension Agreement shall end on June 30, 2025 unless otherwise terminated or cancelled <br /> pursuant to Section 12.02.2 of the Operator Agreement.The Effective Date of this Extension <br /> Agreement shall be July 1,2020. <br /> The City and Operator shall have the right, but not the obligation to extend this agreement <br /> for one additional three (3) years and one two (2) additional year periods by either party <br /> giving written notice no sooner than 12 months and no later than 6 months prior to the <br /> expiration of the current term and the subsequent extension. <br /> 3. MANAGEMENT AND INCENTIVE FEES TO OPERATOR. <br /> Commencing on and effective as of July 1, 2020, Sections 8.03 and 8.04 of the Operator Agreement <br /> shall be amended and restated in their entirety as follows: <br /> 8.03 Fixed Management Fee. <br /> 8.03.01 Annual Fixed Management Fee. The annual fixed management fee to be paid to <br /> OPERATOR("Fixed Management Fee") shall represent 80% of the Total Management Fee Attainable as <br /> follows: <br /> Operating Year Total Management 80% Fixed Fee <br /> Fee Attainable <br /> July 1,2020 to June 30,2021 $150,000 $120,00 <br /> On July 1,2021 and on each July 1st thereafter the amounts indicated above,for the ensuing year, shall be <br /> increased in the same proportion as changes in the Consumer Price Index, All Urban Consumers, San <br /> Francisco-Oakland-San Jose area; base years 1982-1984 = 100 published by the U.S. Dept. of Labor, <br /> ("CPI")shall have occurred since July 1,2020. <br /> 8.03.02 Payment of Fee. The Fixed Management Fee shall be paid in equal monthly installments <br /> on the last day of each month. <br /> 8.04 Incentive Management Fee. <br /> 8.04.1. Incentive Management Fee. In addition to the Fixed Management Fee, CITY shall pay <br /> OPERATOR an incentive fee of up to 20%of the Total Management Fee Attainable(as set forth in Section <br /> 8.03.1) (the "Incentive Management Fee"). The intent of the Incentive Management Fee is to provide an <br /> incentive to OPERATOR to improve the marketing and quality of the Golf Course,thereby increasing the <br /> number of rounds of golf and Gross Revenues.CITY shall pay OPERATOR an Incentive Management Fee <br /> equal to: (a) fifteen percent (15%) of the difference between the Gross Revenues (excluding food and <br /> beverage sales, Pro Shop merchandise sales and lesson fees)and the Base Performance Standard for Golf <br /> set forth in Section 8.04.2 if the Base Performance Standard for Golf is met; and(b)fifteen percent(15%) <br /> of the difference between the Gross Revenues from both food and beverage sales and Pro Shop merchandise <br /> Page 2 of 8 <br />
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