Common use of Management Services Generally Clause in Contracts

Management Services Generally. (a) In performing the services outlined in Articles 3.1 to 3.5 above, Troon shall oversee and implement every aspect of the day-to-day management of the Golf Resort and, in connection therewith, will: (i) Comply with all Legal Requirements, all governmental and other land use requirements, approvals, and agreements affecting the Golf Resort, any tee time reservation policy established by the City, and any applicable regulatory agreements, declarations of covenants, conditions, and restrictions, agreements with the community, and similar documents (including but not limited to the Easement Agreement). Notwithstanding the foregoing, City shall provide Troon with a copy of any and all applicable documents related to regulatory agreements, community agreements, and recorded covenants applicable to the operation of the Golf Resort. (ii) In consultation with the City’s Finance Director, ▇▇▇▇▇ will coordinate the accounting and financial reporting functions of the Golf Resort. In addition, Troon will create a detailed cost analysis for each department which will be reflected in the Annual Plan. (iii) Supervise all sales, marketing, advertising, promotion, and publicity developed by or on behalf of the City relating to the Golf Resort. Such promotion shall include providing complimentary golf privileges to those individuals deemed appropriate by the City in connection with the marketing and advertising of the Golf Resort. (iv) Maintain in full force and effect all Operating Contracts (other than such Operating Contracts as may be replaced by a new Operating Contract) necessary or appropriate for the ongoing management, maintenance, and operation of the Golf Resort in accordance with this Agreement. (v) Coordinate all sales, marketing, and promotional efforts with the City Hotels, including expanding the existing business with the guests at the Golf Resort. (vi) Develop and implement an employee satisfaction survey to assess job satisfaction, identify areas of improvement, evaluate workplace conditions, enhance employee engagement, promote open and honest communication, retain and attract talent, and monitor progress over time. Troon shall maintain a competitive salary and benefits package among the Golf Resort’s competitive market set. (vii) Develop and provide employee job descriptions and operational and procedural manuals. (viii) Troon shall establish all fee schedules for the Golf Courses, food and beverage, and related services. (ix) Supervise the play management on the Golf Courses and the golf shop operation, bag room, locker rooms, driving range, and golf carts. (x) Diligently pursue the collection of all sums due and owing to the City from all purchasers of goods and services relating to the Golf Resort. Provide a point-of-sale charging system integrated with all City Hotels, allowing hotel guests to charge for services and merchandise at the Golf Resort. (xi) Subject to the Annual Plan, pay all Golf Resort Expenses when due. (xii) Coordinate golf activities and programs with community groups and outside agencies, and generally, represent the Golf Resort within and without the community as necessary to ensure maximum use and play. (xiii) Troon shall provide the City with complimentary no-charge use of the Golf Resort for city-sponsored events and meetings. Food & Beverage, audio-visual, and other direct costs shall be charged to the City at cost rather than at the market rate. Provided, however, a market rate allocation shall be treated as Gross Revenue for any such event(s) and credit shall be allocated to Troon for purposes of calculation of Management Fees and any termination rights that are based on financial performance, provided, however that such allocations for city- sponsored meetings shall not be included in financial statements. (xiv) Maintain in full force and effect, as a Golf Resort Expense, all permits, licenses, franchises, authorizations, approvals, consents, and variances, whether regulatory, governmental, quasi-governmental, or otherwise, designated by City or necessary or appropriate for the Golf Resort. All such permits, licenses, franchises, authorizations, approvals, consents, and variances shall be the sole and exclusive property of the City. (xv) Immediately advise City of any discovery by Troon of any hazardous waste in, on, or about the Golf Resort and, promptly following such discovery, jointly determine with City the actions which should be taken to ensure that the presence of such hazardous waste in, on or about the Golf Resort will not constitute a violation of any Legal Requirement, and upon approval by City of any action recommended by Troon promptly take, or cause to be taken such actions. (xvi) Comply with all federal, state, and local laws and regulations pertaining to the storage, use, and disposal of “hazardous or toxic wastes, substances, or materials” as defined by applicable law. (xvii) Immediately advise the City of any discovery by Troon of any condition or event which may have a material adverse effect upon the Golf Resort or its operations. (xviii) Make recommendations to the City from time to time concerning improvements and modifications to the Golf Resort.

Management Services Generally. (a) In performing the services outlined in Articles 3.1 to 3.5 above, Troon shall oversee and implement every aspect of the day-to-day management of the Golf Resort and, in connection therewith, will: (i) Comply with all Legal Requirements, all governmental and other land use requirements, approvals, and agreements affecting the Golf Resort, any tee time reservation policy established by the City, and any applicable regulatory agreements, declarations of covenants, conditions, and restrictions, agreements with the community, and similar documents (including but not limited to the Easement Agreement). Notwithstanding the foregoing, the City shall provide Troon with a copy of any and all applicable documents related to regulatory agreements, community agreements, and recorded covenants applicable to the operation of the Golf Resort. (ii) In consultation with the City’s Finance Director, ▇▇▇▇▇ will coordinate the accounting and financial reporting functions of the Golf Resort. In addition, Troon will create a detailed cost analysis for each department department, which will be reflected in the Annual Plan. (iii) Supervise all sales, marketing, advertising, promotion, and publicity developed by or on behalf of the City relating to the Golf Resort. Such promotion shall include providing complimentary golf privileges to those individuals deemed appropriate by the City in connection with the marketing and advertising of the Golf Resort. (iv) Maintain in full force and effect all Operating Contracts (other than such Operating Contracts as may be replaced by a new Operating Contract) necessary or appropriate for the ongoing management, maintenance, and operation of the Golf Resort in accordance with this Agreement. (v) Coordinate all sales, marketing, and promotional efforts with the City Hotels, including expanding the existing business with the guests at the Golf Resort. (vi) Develop and implement an employee satisfaction survey to assess job satisfaction, identify areas of improvement, evaluate workplace conditions, enhance employee engagement, promote open and honest communication, retain and attract talent, and monitor progress over time. Troon shall maintain a competitive salary and benefits package among the Golf Resort’s competitive market set. (vii) Develop and provide employee job descriptions and operational and procedural manuals. (viii) Troon shall establish all fee schedules for the Golf Courses, food and beverage, and related services. (ix) Supervise the play management on the Golf Courses and the golf shop operation, bag room, locker rooms, driving range, and golf carts. (x) Diligently pursue the collection of all sums due and owing to the City from all purchasers of goods and services relating to the Golf Resort. Provide a point-of-sale charging system integrated with all City Hotels, allowing hotel guests to charge for services and merchandise at the Golf Resort. (xi) Subject to the Annual Plan, pay all Golf Resort Expenses when due. (xii) Coordinate golf activities and programs with community groups and outside agencies, and generally, represent the Golf Resort within and without the community as necessary to ensure maximum use and play. (xiii) Troon shall provide the City with complimentary no-charge use of the Golf Resort for city-sponsored events and meetings. Food & Beverage, audio-visual, and other direct costs shall be charged to the City at cost rather than at the market rate. Provided, however, a market rate allocation shall be treated as Gross Revenue for any such event(s) ), and credit shall be allocated to Troon for purposes of calculation of Management Fees and any termination rights that are based on financial performance, provided, however however, that such allocations for city- city-sponsored meetings shall not be included in financial statements. (xiv) Maintain in full force and effect, as a Golf Resort Expense, all permits, licenses, franchises, authorizations, approvals, consents, and variances, whether regulatory, governmental, quasi-governmental, or otherwise, designated by the City or necessary or appropriate for the Golf Resort. All such permits, licenses, franchises, authorizations, approvals, consents, and variances shall be the sole and exclusive property of the City. (xv) Immediately advise City of any discovery by Troon of any hazardous waste in, on, or about the Golf Resort and, promptly following such discovery, jointly determine with City the actions which should be taken to ensure that the presence of such hazardous waste in, on or about the Golf Resort will not constitute a violation of any Legal RequirementRequirement (unless such condition is caused by Troon or its employees), and upon approval by City of any action recommended by Troon promptly take, or cause to be taken such actions. (xvi) Comply with all federal, state, and local laws and regulations pertaining to the storage, use, and disposal of “hazardous or toxic wastes, substances, or materials” as defined by applicable law. (xvii) Immediately advise the City of any discovery by Troon of any condition or event which may have a material adverse effect upon the Golf Resort or its operations. (xviii) Make recommendations to the City from time to time concerning improvements and modifications to the Golf Resort.