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payments, unemployment compensation payments, withholding amounts, and/or self-employment <br /> taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. <br /> 9. Employees. The Operator, in its sole and absolute discretion and at the City's expense, <br /> shall hire its own staff to operate, manage and maintain the Golf Course. The Operator shall be solely <br /> responsible for determining staffing levels and qualifications and setting its employees' compensation, <br /> benefits, hours and all other terms of employment. <br /> 10. Volunteers. The Operator may attempt to recruit volunteers to assist with various <br /> segments of golf Operations, such as customer service and grounds beautification. The Operator may <br /> work with the City to recruit volunteers. Any volunteers are under the direction and control of the <br /> Operator and are therefore volunteers of the Operator. <br /> 11. Notices. Any and all notices and payments required hereunder shall be addressed to the <br /> parties at their respective addresses listed on page 1 hereof, or to such other address as may hereafter <br /> be designated in writing by either party hereto. <br /> 12. Maintenance. The Operator agrees to maintain the Golf Course and cause any required <br /> repairs to be made at City's expense unless the operator is responsible for the damage as set forth in <br /> paragraph 7. At the expiration of the term hereof, Operator shall deliver up the Golf Course in good <br /> order and condition. Notwithstanding the foregoing, the City, at its sole cost and expense, shall <br /> maintain, repair and replace, if necessary, the structural components of the clubhouse. The Operator is <br /> required to keep the clubhouse in accordance with state health and local building code requirements. <br /> The Operator will make repairs and prepare the clubhouse for each season, which includes <br /> winterization of the clubhouse. The clubhouse shall be returned to the City in substantially the same <br /> state that is was received by the Operator, reasonable wear and tear excepted. <br /> The Operator shall maintain the Golf Course under the standards set forth in Exhibit B. The <br /> Operator, however, in its sole discretion, shall determine what manners and procedures shall be <br /> employed to meet those standards. The Operator, in its sole discretion, has the right to sell and place <br /> signage on the Golf Course at each tee box, attached to the hole designation. Any revenue derived <br /> from such activity shall accrue to the City. <br /> 13. Accounting Standards. Operator shall maintain accounting records relating to the Golf <br /> Course using accounting practices in accordance with generally accepted accounting principles <br /> (GAAP). The Operator shall keep detailed records of all revenues and expenses as are necessary to <br /> reflect the results of the operation of the Golf Course, including bills and invoices for supplies and <br /> services. Monthly operating statements shall be furnished to the City by the 10th day following the <br /> last day of each month, and annual operating statements shall be furnished by the 45th day following <br /> the end of the season. The types of revenue that should be reported should include, but not limited to, <br /> green fees, membership fees, concessions, pro-shop sales, golf cart rentals, tournament fees, and <br /> advertising/marketing revenue. The Operator shall make its books and records available to the City to <br /> request, review and/or audit all records, documents and financial statement related to all aspects of the <br /> Golf Course operations. Such books and records shall be made available in such locations and in such <br /> manner as the City may reasonably request. <br /> Page 4of11 <br /> 1914541 <br />