are customarily given Reduced Fee Player status in the resort golfing industry, as specifically identified in the following categories of Reduced Rate Play:
CODE "A'' NO FEE
. City Employees
o Employees of the Golf Resort
o Visiting government officials and special guests of the City as approved by the City Manager or City Council
o Holders or winners of Public Relations letters issued by the General Manager of the Golf Resort to support civic or media promotions
o Visiting travel or media representatives planning group bookings or promotion of the Indian'Wells resort community (hotels, golf, tennis) when accompanied by a sales representative of one of the hotels or by a city official.
Executive and sales personnel of the Indian V/ells hotels who participate in the City's Marketing Committee.
CODE IIBII $25 CART FEE RATE
o PGA card holders, golf course superintendent and golf club manager card holders o Other key hotel staff members as provided by a letter from the Grantor Hotels and approved by the General Manager of the Golf Resort.
o Caft Fee Rate may be amended annually by the General Manager of the Golf Resort during the development of the Golf Resort's annual budget, with an effective date ofJuly 1.
CODE IICII $40 (COMMUNITY RATE)
o Other Employees of the Indian Wells Hotels with full participation in the City's Marketing Committee.
o Sponsors of major golf, tennis sports and entertainment events in Indian Wells. o Golf Course Management firm's executive/administration personnel o Family members and guests of, City employees. (limited to one foursome). o Family members and guests of Golf Resort employees with a "guest letter" approved by the General Manager of the Golf Resort
CODE TúR'' RÍI,SIDENT BENEFIT GOLF'CARD RATE
Residents issued a City Resident Benefit Golf Card (RBGC) are to pay $50.00 rate from January I to April 30, and $35.00 rate from May I to December 31.
Guests of RBGC players shall pay a rate of the computed golf cost plus $20.00 from November l-April 30 and the Resort Guest Rate during the other months (limited to one foursome, which must include the RBGC holder). The cost of golf shall be computed annually by the General Manager of the Golf Resort during the development of the Golf Resort budget and shall be effective each July I . a
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CODE ''T'' $65 FEE RATE
Participants (players & coaches) in the two major tennis tournaments annually have a special $65 rate unrestricted morning to 2:00 p.m. daily.
UNSOLD PROMOTIONAL RATE
In order to sell more rounds, cteate more revenue for the Parties, and more regularly promote golf to the Grantor Hotel customers, the Golf Resort General Manager may offer rounds that are coming up soon (e.g. same daylnext day) that the General Manager believes the Operator would not otherwise sell. For example, on a Tuesday afternoono the Operator has four afternoon rounds on the next day (Wednesday) that likely will not get sold. In such a case, the General Manager may communicate these times to one or both of the Grantor Hotels, and the Grantor Hotels, in turn, would offer to sell them to their guests. For sold rounds, the Grantor Hotel would pay the City a small fixed fee, to be determined from time to time by the applicable hotel and the Golf Resort General Manager, and the applicable Grantor Hotel would keep the difference.
4. With the exception of guests of the City Manager and General Manager, all guests qualifuing for reduced rate play must be accompanied by their authorized sponsor.
5. The discretion of the General Manager of the Golf Resorl with respect to generation of daily golf fees will govern the professional and commercial decisions made in the granting of any reduced or free green fee or cart fee. Any signingparty hereto may request a revision of the policies stated above should there be a perceived negative impact upon that parly, by contacting the City Manager in writing. In the event any party to this Agreement is dissatisfied with the City Manager's determination, such party may seek review of that decision from the Indian V/ells City Council for resolution by that body. In the event any party is dissatisfied with the decision of the Indian V/ells City Council, such party may propose a resolution of such dispute that is mutually agreeable to all parties to this Agreement, which resolution must then be memorialized in an agreement approved by all parties to this Agreement in order to be binding on the parties.
6. The parties hereto agree that the above-stated Reduced Fee Play policy has been created for the mutual benefit of all parties and shall be enforced by the Golf Course Operator as of the Effective Date of this Agreement as hereinafter defined) and will remain in effect until any or all of the parties terminate the Agreement in accordance with the termination provisions hereof. Any commitments for Reduced Fee Play made by the Golf Course Operator prior to the Effective Date shall be honored. The Golf Course Operator shall provide a written list to the City of all such commitments, if requested. This Agreement shall take effect ("Effective Date") on the date set next to the signature signi$ing acceptance by the City.
7. The criteria for issuance of Resident Benefit Cards shall be within the sole discretion of the City Council of the City of Indian V/ells and may be changed by such City Council from time to time in exercise of that discretion.
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26s 29.00000\33 034226.2
8. The City Council shall have the authority to amend rates contained within this Reduced Golf Fee Agreement as deemed appropriate. However, established rates shall be no less than those agreed to in this Agreement, without the written consent of the signing parties.
Any increases must be done by City Council resolution and shared with the signing parties.
SIGNATURES CONTAINED ON FOLLOWING PAGEI
26s29.00000\33 034226.2
SIGNATURE PAGE
TO
COMPLIMENTARY GOLF AGREEMENT
FOR THE INDIAN \üELLS GOLF'RESORT
BBC ESMERALDA, LLC
Dated , z/ruln¡o
Dated ,lJtblz*zn
GRAND CHAMPIONS, LLC
Dated
H.E. INDIAN WELLS, L.L.C.
Dated
GRAND CHAMPION
Dated:-
CITY OF INDIAN WELLS
David Rotenb
David u
Agent
ed Agent
nated:1- 23' bZo otu
By:
By:
Hyatt Corporation as agent of
H.E. Indian Wells, L.L.C dba
Hyatt Regency Indian Wells Resort &
spa
By'
26529.00000\33 034226.2
Chris Freeland, City Manager
SIGNATURE PAGE
TO
COMPLIMENTARY GOLF AGREEMENT
FOR THE INDHN \ryELLS GOLF'RESORT
BBC ESMERALDA, LLC
Dated:
H.E. INDIAN WELLS, L.L.C.
Dated -7, t3 .¿o
CITY OF INDIAN WELLS
Dated
David Rotenberg, Owner
By:
David Williams, Owner
¡t
Hyatt orporation as agent of
H.E.I Wells, L.L.C dba
Hyatt Regency Indian Wells Resort &
spa
Chris Freeland, City Manager
26s29,@000\33O3r'.226.2 Page 192 of 192