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Generally, the ice rink will be operated between mid-November and early-January. In 2009, the specific dates of operation will be November 19, 2009 through January 10, 2010. In addition, the City will make the parking lot available to SJAM 10 days prior to the opening for preparation of the site and installation of the ice rink. Conversely, the lot will remain closed for seven days after the final day of skating to remove the rink and clean the site. San Jose Arena Management Participation The license agreement serves to define the technical terms of the partnership between SJAM and the city. SJAM will manage the fabrication, installation, operation and tear down of a 1,400 foot ice rink, and provide any ancillary equipment necessary including outdoor lighting, rental skate inventory and zamboni. When constructed, the venue will include the ice rink, a ticket sales and skate rental kiosk or tent, a rubber floor-covered staging area, and porta pottys. SJAM will provide professional management, staffing (e.g., cashiers, skate rental attendants, supervisors) and maintenance personnel to be on-site during the hours of operation. As well, SJAM and the City will also collaborate to provide space for concession sales to be operated by selected non-profit or community- based organizations. City of Pleasanton Participation In addition to providing the location in good condition, the City will extend utilities to the site to provide an electrical power source for refrigeration of the ice rink, a continuous water source adjacent to the rink site area, and voice and data lines with service for the ticket sales and skate rental kiosk/tent. To ensure the safety of the ice rink and equipment during non-operational hours, the City will cover the cost of security personnel with reimbursement anticipated from operating proceeds. The City will also provide support to SJAM by helping to promote the ice rink through websites, newsletters, banners and other marketing materials. Additionally, the City's Economic Development and Parks and Community Services staff will assist in outreach, marketing and sales efforts. Operating Revenues and Expenses The expenses associated with operation of the holiday ice rink are to be covered by revenues from ticket sales and sponsorships as based on a pro forma budget approved by SJAM and the City in advance of each year's operation. SJAM will set admission prices and charges for use of the ice rink (Pleasanton residents will receive a discount), set policies for advertising and sponsorships, and set policies for group sales, functions and special events. In addition to on-site ticket sales, the City's Parks and Community Services Department will be an outlet for ticket sales. With assistance from the business community (e.g., Pleasanton Chamber of Commerce, Pleasanton Downtown Association, Hacienda Business Park) corporate sponsorships will be solicited for one "Naming Rights Sponsor" and two additional "Presenting Sponsors." In the event these three sponsorships are not secured each year, the City will commit to such a sponsorship in exchange for prominent recognition on all advertising and promotional materials relative to the holiday ice rink. Page 3 of 5