Golf Courses. Two eighteen hole golf courses are to be designed and developed. One is to be a public course, the other for use by Hotel guests.
(a) The courses are to be of Competition Standard.
(b) The design and development of both courses is to be to a similar quality.
(c) The course layouts are to be sympathetic to the existing land forms and be designed to retain natural features such as wetlands and ridges.
(d) Landscaping between fairways is to be similar to the natural vegetation of the area.
(e) Temporary planting of fast growing natural vegetation is to be used to protect the establishment of the long term planting.
(f) Earthworks are to be carried out in accordance with the City’s guidelines and are to be stabilised and sealed immediately after formation.
Golf Courses. Day Shift may start as early as 5 a.m.
Golf Courses. Developer II covenants that the golf course to be developed on the New Golf Course Site shall be completed and opened to the general public for play not later than three (3) years after the Commencement Date and that thereafter the golf course shall remain open to the general public (and not restricted as a private or membership course). In addition, Developer II covenants that the golf course on the Existing Golf Course Site shall remain open to the general public (and not restricted as a private or membership course). Developer II shall pay to City a fee per round for each round of play (“Golf Course Fee”) on the golf course on the Existing Golf Course Site and the golf course to be developed on the New Golf Course Site. Commencing on the Commencement Date and continuing until December 31, 2008, the amount of the Golf Course Fee shall be the sum of Five Dollars ($5.00). Commencing on January 1, 2009, and on each five (5) year anniversary thereafter, the Golf Course Fee shall be increased by an amount equal to Twenty Percent (20%) of the then current Golf Course Fee. Developer II hereby consents to and waives any right of protest with regard to the establishment and enforcement of the aforedescribed fee on rounds of play at the golf courses. Developer II further agrees that the Golf Course Fee established by City pursuant to this Agreement does not constitute a tax subject to the voter approval requirements of Article XIIIA of the California Constitution, Article XIIIC of the California Constitution or California Government Code Section 53720, et seq., and, in addition, that the Golf Course Fee is not a fee imposed “as an incident of property ownership” within the meaning of Article XIIID of the California Constitution. The Golf Course Fee imposed by City hereunder shall be collected by Developer II and shall be remitted to City each month on or before the last day of the following month, with each payment accompanied by such information as City may reasonably determine to be necessary to verify the number of rounds played at the Golf Courses during the preceding month. Developer II shall prepare and keep full and accurate records and receipts of the number of rounds played at the Golf Courses. Such receipts and records shall be kept for a period of three (3) years after the close of each calendar year, and shall be available for inspection and audit by City and City’s representatives. If it is determined that there has been a deficiency in the payment of...
Golf Courses. One (1) or two (2) employees at each golf course may work an eight (8) hour shift between the hours of 5 a.m. and 3 p.m. on five (5) days per week.
Golf Courses. Lessee understands and agrees that the Premises are adjacent to golf courses operated by Lessor or its subsidiaries; that Lessee desired and sought such location with the understanding that this location may result in nuisances or hazards to persons and property on the Premises including without limitation those caused by stray golf balls. Lessee covenants that during the Term of this Lease, Lessee agrees to such nuisances and hazards and shall assume all risks associated with such location, including but not limited to the risk of property damage or personal injury suffered by Lessee (but not by a guest) arising from stray golf balls.
Golf Courses. Members of SL 1 shall be allowed to play at the Cottonwood or Palo Verde golf courses on a time/space available basis at established rates. Members of SL 2 shall be allowed to play at the Sun Lakes 1 golf course on a time/space available basis at established rates for reservations made the day of play. Prior day’s reservations pay guest rates. Members of each Association will be allowed to bring guests, who are charged established rates.
Golf Courses. The Borrower shall develop the Golf Parcels for use as golf courses and, once completed, will manage and operate the golf course(s) during its ownership of same. If the Borrower that is the Project Owner of the Golf Parcel desires to enter into an agreement with another person for the management and operation of such Golf Parcel as a golf course, such Person must be a reputable and experienced manager and operator of golf courses satisfactory to the Lender and the Borrower must first: (i) obtain Lender's written consent to the agreement, and (ii) deliver to the Lender an agreement satisfactory to the Lender executed by the Borrower and such Person, which agreement contains:
(1) the Borrower's collateral assignment and pledge to the Lender all of its right, title and interest in, to and under the agreement between the Borrower and such Person regarding the Golf Parcel;
(2) such Person acknowledges the assignment referenced in subsection (1); and
(3) such other terms, provisions and conditions as the Lender may reasonably require.
Golf Courses. The co-user’s annual cost share will be based on the co-user’s club memberships’ use of the golf course (either according to membership number or rounds played). The formula used for the compensation will be part of the agreement. Co-users do not become “members,” “affiliate members,” or “patrons” of the morale, welfare, and recreation (MWR) facilities, but are subject to the provisions of the co-use agreement. Co-users are not authorized to make any tax- or duty-free purchase at the MWR facility unless specifically authorized in the co-use agreement. Deviations from the agreement will be valid only if the Customs Executive Agent (ECJ1-CEA-NS) has obtained specific authority from the Federal Ministry of Finance for it.
Golf Courses. The existing golf courses located adjacent to the Hotel, known as The Bear and Spruce Run and the related clubhouse and amenities; together with the Player Golf Course, the New Clubhouse and any related amenities.
Golf Courses. The two existing golf courses (including the clubhouses, swimming pools, driving ranges, tennis courts and other related amenities) located in Xxxxxxx Xxxxx Country Club commonly known as the Xxxxxxx Xxxxx Nicklaus Golf Course and the Xxx Xxxxx Xxxxxxx Xxxxx Creekside Golf Course, together with any new golf courses that are developed and opened within the Woodlands Project and are included within the Collateral.
