Item 16 - Agreement for River View Golf Course Managment Services

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II. Other Responsibilities. Contractor shall undertake the following responsibilities in connection with its management of the Facility under the terms of this Agreement: a) Licenses and Permits. Apply for, and use its commercially reasonable best efforts to obtain and maintain, all licenses and permits reasonably required by City (or by applicable Legal Requirements, as defined herein) in connection with the operation and management of the Facility in the Contractor's name or in the name of an Affiliate of Contractor; and City agrees to execute any and all applications and such other documents as shall be reasonably required and to otherwise cooperate, in all reasonable respects, with Contractor in the application for, and obtaining and maintenance of, such licenses and permits; and Contractor agrees that it shall maintain a City of Santa Ana business license during the Term of this Agreement; b) Insurance and Legal Requirements. Use best efforts to do, or cause to be done, all such acts and things in and about the Facility as shall be reasonably necessary to comply with all Insurance requirements and Legal Requirements, and to discharge any lien, encumbrance, or other charge on the Facility; including, with City's prior written consent, hiring legal representation and paying attorneys' fees, as an Operating Expense of the Facility, as necessary to comply with any Legal Requirements and defend the Facility against legal claims and pay all Impositions and insurance premiums when due, if City requests in writing that Contractor assume responsibility on City's behalf for the payment of such Impositions and insurance premiums; c) Accounting. Maintain a method of accounting in accordance with generally accepted accounting principles consistently applied ("GAAP") which accurately reflects the Gross Revenues and Operating Expenses and disbursements of Contractor in connection with the Facility's operations. d) Golf Professional Services. Provide golf starter services; sell and rent golf equipment; sell golf -related clothing and supplies; provide instructional services in the playing of golf; rent golf carts; and operate the driving range. e) Pro Shop and Merchandise. The Pro Shop shall be open during the normal operating hours of the golf course as provided in the Golf Course Manual. • Inventory. Contractor shall procure and maintain in the Pro Shop such inventory of golf merchandise as reasonably necessary or appropriate to adequately meet public demand and consistent with the goal in Section 3.1. Contractor shall receive approval from City before increasing inventory levels to $40,000 or over in any given month.