Attachment 2 — Santa Rosa City Council, December 6, 2022

CITY OF SANTA ROSA

OPERATIONS AND MAINTENANCE MANAGEMENT AGREEMENT

WITH TOUCHSTONE GOLF LLC,
AGREEMENT NUMBER F002437

This Operations and Maintenance Management Agreement (“Agreement”) is made as of this ____day of_______________, 2022 (“Effective Date”) by and between the City of Santa Rosa, a municipal corporation ("City"), and Touchstone Golf, LLC, a Delaware Limited Liability Corporation ("Operator"). City and Operator are individually referred to as “Party” and at times collectively referred to as “Parties.”

R E C I T A L S

The City is the owner of the Bennett Valley Golf Course (“BVGC”) as defined below.

The City desires to retain a qualified firm to provide for the overall operations, maintenance and management of the BVGC for City, as more particularly described in this Agreement.

Operator represents to City that it is a firm composed of highly trained professionals and is fully qualified to provide the management, operations and maintenance services (collectively referred to as “Services”, as defined more specifically in the Agreement) for City with respect to all aspects of the BVGC in accordance with City requirements and objectives.

The City desires to enter into agreement with Operator to provide Services for City at the BVGC, including, without limitation, improvements to existing Facilities, collection of fees and other related golf services to ensure the highest quality golf and restaurant services to the community.

The City and the Operator agree that the primary objectives for Operator’s performance under this Agreement are to (1) gain revenues that fund the golf course expenditures, debt service and capital investments, (2) employ a professional management, maintenance and operations staff that will incorporate best management practices, (3) provide guests with a memorable experience, ensuring that exceptional service is delivered consistently and effectively, (4) address deferred maintenance and capital improvements needed through revenues generated at the golf course, and (5) include diversity, equity and inclusion in all aspects of the golf course operations.

The Parties have negotiated upon the terms pursuant to which Operator will provide such Services and have reduced such terms to writing.

NOW, THEREFORE, City and Operator agree as follows:

AGREEMENT

Section 1. DEFINITIONS

(A) “Agreement” has the meaning set forth in the Preamble.

(B) “Base Management Fee” has the meaning set forth in Section 20 A of this Agreement.

(C) “Bennett Valley Golf Course” or “BVGC” means the entire golf course Facilities, Equipment, Supplies and all other elements of the golf course enterprise located at 3330 Yulupa Avenue, Santa Rosa, California 95405 and delineated on Exhibit A (Facility Map) attached hereto, June
7th

OPERATING AGREEMENT
CITY – TOUCHSTONE 2
including but not limited to the 18-hole golf course, restaurant and banquet facility, Pro Shop, driving range, maintenance shops, yards and parking, restroom, main parking lot and landscaping and all other appurtenances.

(D) “City” means the City of Santa Rosa, California, a municipal corporation.

(E) “Days” means Calendar days, excluding Holidays

(F) “Effective Date” has the meaning set forth in the Preamble.

(G) “Environmental Laws” means, as the same may be amended from time to time, all federal, state, local, and municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Golf Course), occupational or environmental conditions on, under, or about the Golf Course, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act ("FWPCA") [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act ("TSCA") [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act ("'HMTA") [49 U.S.C.A. §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 U.S.C.A. §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 U.S.C.A §§ 6901 et seq.]; the Clean Air Act [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act [42 U.S.C.A. §§ 300f et seq.]; the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act [29 U.S.C.A. §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [Health & Saf. Code §§ 25280 et seq.]; the California Hazardous Substances Account Act [Health & Saf. Code §§ 25300 et seq.]; the California Hazardous Waste Control Act [Health & Saf.

Code§§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [Health & Saf. Code§§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat. Code§§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Golf Course, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.

(H) “Facilities” means all buildings, structures, improvements, irrigation system, cart paths, fencing, fixtures, trade fixtures, furnishings and equipment, food service facilities, parking lots and utility systems on premises.

(I) “Fiscal Year” means the one (1) year period commencing on July 1 and continuing through June

30. (J) “Furnishings, Fixtures and Equipment (“FF&E”)” means all furniture, fixtures, furnishings, trade fixtures, apparatus and equipment, including without limitation, course maintenance

OPERATING AGREEMENT
CITY – TOUCHSTONE 3
vehicles and equipment, golf carts, driving range pickers, puller, mats, range ball baskets, rental golf clubs and bags, ball washers, benches, uniforms, kitchen equipment, appliances, China glassware, silverware, office equipment, computers, copy machines, telephone systems, and other personal property used in or help in storage for use in the operation of the Golf Course, other than resale inventory.

(K) “GCSA” means Golf Course Superintendents of America

(L) "Hazardous Substance" means, without limitation, the following definitions and statutes as the same may be amended from time to time:

(i) Any substance included within the definition of "hazardous substance," '·hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law;

(ii) Any substance listed in the United States Department of Transportation (DOT) Table [49 CFR § 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as a hazardous substance [40 CFR Part 302];

(iii) Any other substance, material, or waste that is or that becomes regulated or classified as hazardous or toxic under federal, state, or local law or regulation; and

(iv) Any material, waste, or substance that is

(a) a petroleum or refined petroleum product,
(b) asbestos,
(c) polychlorinated biphenyl,
(d) designated as a hazardous substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317,
(e) a flammable explosive, or
(f) (vii) a radioactive material.

(M) “Holiday” means all holidays observed by the City. An annual holiday calendar will be provided to the Operator by the City.

(N) “Incentive Management Fee” has the meaning set forth in section 20 B of this Agreement.

(O) “Legal Requirements” means, for the purposes of this Agreement, including without limitation any reporting, notice or other requirements set forth in the Safe Drinking Water and Toxic Enforcement Act of 1986, [Health & Saf. Code§§ 25249.5 et seq.] and any and all laws, statutes, ordinances, codes, orders, rules, regulations, permits, licenses, authorizations, entitlements, official orders and requirements of, and conditions imposed by, all federal, state and local governmental regulatory agencies and authorities which are applicable as of the date hereof or hereafter become applicable to BVGC, including, without limitation the Equipment and Supplies, Facilities or the operation thereof, including without limitation any Environmental Laws.

(P) “LPGA” means the Ladies Professional Golf Association

OPERATING AGREEMENT
CITY – TOUCHSTONE 4
(Q) “Operating Contract” means the contract the Operator maintains to provide the services defined in this Agreement such as but not limited to contracts with food vendors, software providers, internet hosting and similar.

(R) “Operating Year” means the period from the Effective Date to the following June 30 and each following twelve (12) calendar month period for the term of the Agreement commencing on July 1 and ending on June 30.

(S) “Operator” means Touchstone Golf, LLC, a Delaware Limited Liability Corporation

(T) “PGA” means the Professional Golf Association.

(U) “Pro Shop” means the facility that provides the customer service space to provide golf tee times, all golf and merchandise sales and provides retail space to display merchandise.

(V) “Resale Inventory” means Pro Shop merchandise and food and beverage items.

(W) “Supplies” means consumable items used in or held in storage for use in the operation of the Golf Course, including but not limited to, scorecards and cart tickets, driving range balls, bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items.

(X) “Weekend” means the period commencing at 12:01 a.m. Friday and ending at 11:59 p.m. on Sunday.

Section 2. TERM

(A) Term. The term of this Agreement shall be for a period of three (3) years, commencing on the Effective Date of this Agreement.

(B) Option to Extend. Upon mutual interest of the Parties, the Term of this Agreement may be extended up to two (2) additional years at the discretion of the City upon written notice by the City. The City shall provide notice of approval or denial of extension of the Term to the Operator no later than one hundred eighty (180) Days prior to the end of the Term.

Section 3. TERMINATION. This Agreement may be terminated prior to the end of the Term or any Extension as follows:

(A) Mutual Agreement. The Parties may terminate this Agreement at any time by mutual agreement.

(B) For Convenience. City may suspend or terminate this Agreement, at any time and for any and no reason, with or without cause, by giving specific written notice from the City Manager or designee to Operator of such termination or suspension at least one hundred and eighty (180) days prior to the effective date of such termination.

(i) Following an “Event of Default”, “Default” or other material breach of the terms and conditions of this Agreement, City may terminate this Agreement following a written

OPERATING AGREEMENT
CITY – TOUCHSTONE 5
notice of breach from the City Manager or designee to Operator of such termination and failure to cure as follows:

(a) Notice. City agrees to provide written notice of breach from the City Manager or designee to Operator with sufficient detail to inform the nature of the alleged breach and shall indicate a date not less than fifteen (15) Days from the date on the Notice by which breach shall be cured.

(b) Opportunity to Cure. Operator shall have the opportunity to cure the alleged breach within the timeframe provided in the Notice. In the event that a cure cannot reasonably be accomplished within the timeframe identified in the Notice, the Operator agrees to provide the City with an explanation of why the cure cannot be accomplished within the timeframe provided, indicate a proposed date by which the cure can be completed, and diligently pursue the cure to completion.

(ii) Upon termination for Cause, Operator's right to possession of the Golf Course shall terminate and Operator shall surrender possession and vacate the Golf Course immediately. In such event, Operator hereby authorizes City to enter upon the Golf Course, or any part thereof, immediately and to take possession of the Golf Course and improvements thereon. Election by City to terminate this Agreement shall not prejudice any rights or claims City may have for sums remaining due it or for damages or pursuing such other remedies as may be available to City by law or equity, all remedies of City to be cumulative and not alternative.

(iii) The occurrence of any of the following shall constitute a “Default” or an "Event of Default" by Operator:

(a) Any failure by Operator to perform any of the terms, conditions or covenants of this Agreement to be observed or performed by Operator within thirty (30) days after written notice from City;

(b) The filing of a petition of an order of relief under the Federal Bankruptcy Code or for an order or decree of insolvency or reorganization or rearrangement under any state or federal law, that is not dismissed within thirty (30) days;

(c) Operator makes a general assignment for the benefit of creditors, or makes or suffers any transfer that constitutes a fraudulent or otherwise avoidable transfer under any provision of the federal bankruptcy laws or any applicable state law;

(d) The making or entry of any decree or order by a court of competent jurisdiction adjudging Operator to be insolvent, or approving as properly filed a petition seeking reorganization of Operator, or directing the winding up or liquidation of Operator, and the decree or order shall have continued for a period of thirty (30) days;

(e) Failure of Operator to carry and keep in full force and effect the insurance required by this Agreement;

OPERATING AGREEMENT
CITY – TOUCHSTONE 6
(f) Failure of Operator to remit payment to the City when due under any provision of the Agreement regarding payment of money to City; or

(g) Any other prohibited activity as set forth in Section 20 if not fully ceased by Operator within fifteen (15) days following written notice by City requesting the same.

(D) Gross Negligence. In the event of gross negligence in the operation of BVGC by Operator, City may immediately termination this Agreement effective on the date of Notice.

(E) Effect of Termination.

(i) Immediately following any termination of this Agreement for any reason whatsoever, Operator shall assign, convey, transfer and deliver to City, pursuant to an assignment in form and content satisfactory to City, all of Operator's right, title and interest in and to all Operating Contracts in effect with respect to the Golf Course as requested by City, and Operator shall transfer to City possession of all equipment owned by, purchased by or supplied by the City.

(ii) Upon any termination of this Agreement for any reason whatsoever, Operator shall, for a period of three (3) months following such termination, assist and cooperate with City to ensure an orderly and efficient transfer of the operations of the Golf Course by Operator to City or to City's designee at no additional expense to the City. This covenant of Operator contained herein shall survive and remain in full force and effect following any such termination of this Agreement.

(iii) Upon termination of this Agreement for any reason whatsoever, Operator shall surrender the Golf Course and all related structures, operations, improvements and alterations in good condition, except for ordinary wear and tear, and in accordance with all other provisions of this Agreement regarding fixtures, alterations and improvements.

(iv) Upon termination of this Agreement for any reason whatsoever, City reserves the first right of refusal to purchase from Operator, at fair market value, any of Operator owned supplies or equipment that the City deems necessary to the transition of the Golf Course.

The fair market value of merchandise and consumable supplies shall be established by original receipts indicating wholesale cost. The fair market value of FF&E shall be determined by an independent appraiser designated by City, and the cost of such appraisal shall be split equally between City and Operator.

(v) In the event of termination of this Agreement (other than for Default, in which case no Incentive Fee shall be due) that occurs prior to the end of the operating year of any year this agreement is in effect, the Incentive Fee to be paid shall be 20% of the amount of Net Operating Income for the partial year that exceeds an amount equal to the number of identical actual operating months of the prior operating year. Reference Section 21 in this Agreement for further information regarding Incentives.

(vi) Any notice given by City under this Section may also serve as, include or be given concurrently with any and all legal notices required in connection with an unlawful detainer action or any other legal or equitable action or proceeding, it being the intention of the Parties that City shall not be required to serve separate or sequential notices in

OPERATING AGREEMENT
CITY – TOUCHSTONE 7
order to satisfy any applicable notice requirements of this Agreement or the notice requirements of applicable law.

Section 4. STANDARD OF PERFORMANCE

(A) Standard of Performance. Operator shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Operator’s profession in California. All products of whatsoever nature that Operator delivers to City shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Operator’s profession and shall be provided in accordance with any schedule of performance. Operator shall assign only competent personnel to perform services under this Agreement. Operator shall notify City in writing of any changes in Operator’s staff assigned to perform the services under this Agreement prior to any such performance. In the event that City, at any time, desires the removal of any person assigned by Operator to perform services under this Agreement, because City, in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Operator shall remove such person immediately upon receiving notice from City of the desire of City for the removal of such person.

(B) Fiduciary Duty. Operator acknowledges that there is a relationship of trust and confidence between Operator and City, and that Operator has a fiduciary duty to City pursuant to this Agreement. Operator shall use skill and judgment in performing the duties and obligations hereunder, and shall at all times provide such management, operating, supervisory and maintenance services in a manner which maintains the good name of City; perform the duties and obligations under this Agreement in an efficient, expeditious, prudent and economical manner, consistent with the best interest of City, in accordance with generally approved practices and standards followed by similarly-situated public golf courses in Northern California. For purposes of establishing whether Operator manages, operates, supervises and maintains the Golf Course in accordance with such industry standards, the following golf courses shall be used to establish minimum service levels and expectations for the Golf Course: (i) Windsor Golf; (ii) Rooster Run Golf Course; and (iii) Oakmont Golf Club.

Section 5. BENNETT VALLEY GOLF COURSE MANAGEMENT

(A) The City hereby appoints and retains the Operator, and Operator hereby accepts such appointment and retention as the manager to operate and maintain the BVGC during the Term, as defined in Section 2 of this Agreement, and any extensions thereof, with full power and authority to carry out all of the duties and responsibilities specified herein, upon the terms and subject to conditions set forth in this Agreement.

(B) Hire, train, schedule, manage and supervise all personnel necessary to properly fulfill Operator's requirements under this Agreement. Employ a General Manager who oversees the operations of the entire Golf Course. Employ a full-time, qualified golf professional who shall provide golf instruction and other services typically provided under industry standards. Employ a full-time, qualified maintenance superintendent who is in charge and shall oversee course maintenance, is a member of the Golf Course Superintendent Association of America and has a Qualified Applicator Certificate and/or a Qualified Applicator License issued by the California Department of Pesticide Regulation or has on staff a qualified individual maintaining the same applicator license. Hire, train, and supervise an employee of Operator who is in charge of the Food Service Facilities and providing food and beverage services at the Bennett Valley Golf Course ("Director

OPERATING AGREEMENT
CITY – TOUCHSTONE 8
of Food and Beverage or similar title"). Hire, train, and supervise an employee of Operator who is responsible for selling and promoting golf tournaments, special events, private catered events and marketing for the Bennett Valley Golf Course, including the Food Service Facilities ("Director of Sales or similar title") Operator shall ensure that all employees, including the golf professional and the superintendent, meet or exceed industry performance standards for their respective positions.

(C) The Operator will appoint one representative of the entire management operation to act as the Liaison between the City and the Operator. The city will appoint one staff member to act as the Liaison to the Operator. The Operator’s Liaison and the City’s Liaison must always be available, 24 hours a day, 365 days per year, including holidays or appoint a designee when the Liaison is not available. Both Liaisons must regularly communicate availability or their designee’s contact’s cell phone number and email address if not regularly available for any reason.

(D) The Operator shall have and retain control over the employment and discharge of all persons assisting in the performance of its services. The Operator shall be solely responsible for all matters relating to wages, hours of staff work, working conditions, and payment of its employees, including compliance with all State and Federal laws related to social security, payroll taxes and withholdings, unemployment compensation, and all other requirements related to staffing. The Operator shall be responsible for its own acts and those of its subordinates, employees, and any/all subcontractors during the Term of the BVGC Agreement.

(E) All professional staff must be clearly identifiable and present in a neat and clean manner.

(F) The Operator shall employ on a full-time basis an experienced golf professional for its operations at the Bennett Valley Golf Course. The Golf Professional shall be a licensed member of the PGA or LPGA. Submit evidence of this staff member within 30 days of Council approval of the Operator Agreement.

(G) The Operator will maintain a current list of all key staffing contact information referenced in this Section5 of this Agreement and as shown in the Key Staffing Plan (Exhibit B).

Section 6. SERVICES

Operator shall provide to City the services described within the entire Agreement, the attachments and Exhibits, including Exhibit F ("Operator Scope of Services"). Operator shall provide these services at the time, place, and in the manner specified in the entire Agreement including all Attachments and Exhibits.

Section 7. OPERATOR’S GENERAL DUTIES AND OBLIGATIONS

(A) Throughout the Term, and any extension thereof, subject to any restrictions or limitations set forth elsewhere in this Agreement and City’s approval of the Business Plan, Operator shall, at a minimum, do the following:

(B) The Operator shall be responsible to the City and the public for providing full-time, golf-related services and conducting its business on or about the Bennett Valley Golf Course facilities in a manner consistent with the prevailing standards and practices promulgated by the Club Management Association of America, the Professional Golf Association of America, and the Golf Course Superintendents Association of America.

OPERATING AGREEMENT
CITY – TOUCHSTONE 9
(C) The Operator shall operate the Bennett Valley Golf Course facilities in an orderly manner and not annoy, disturb or be offensive to customers, patrons, or others in the immediate vicinity of such operations. The operation of the Bennett Valley Golf Course facilities shall be conducted in a manner acceptable to the City of Santa Rosa in its reasonable determination.

(D) Fully comply and cause all Bennett Valley Golf Course facilities and all equipment and supplies and operation thereof to fully comply, with all Legal Requirements.

(E) Immediately advise City of any discovery by Operator of any Hazardous Substance in, on or about the BVGC and, promptly following such discovery, jointly determine with City the actions which should be taken to ensure that the presence of such Hazardous Substance in, on or about the BVGC will not constitute a violation of any Legal Requirements, and upon approval by City of any actions, promptly take or cause to be taken such actions as City shall require.

(F) Except for fuel and motor oil reasonably necessary for operation and maintenance of the BVGC and except for any other substance or material reasonably necessary for the operation and maintenance of the BVGC (all of which substances and materials shall be used, installed, kept and maintained in compliance with all applicable Legal Requirements), place or cause to be placed in, on, under or around the BVGC or any related facilities any Hazardous Substance.

(G) In addition, Operator shall comply with any hazardous materials compliance program or policies of the City and the County of Sonoma now or hereafter in effect. In the event Operator discovers or obtains actual knowledge of the existence of any Hazardous Substance in, on, under or around the BVGC or related facilities other than as permitted to be so located in compliance with this Agreement, Operator shall immediately notify City. Operator shall not be responsible for any Hazardous Substance (a) present on the BVGC or related facilities prior to the date hereof, unless deposited thereon by Operator or Operator's agents, contractors, or employees; (b) placed on the BVGC or related facilities in accordance with the terms of this Agreement; (c) which become present on the BVGC after the date hereof as the result of some event or condition over which Operator has no control, provided, however, that Operator shall promptly notify City of any notice received by Operator from any governmental authority of any actual or threatened violation of any applicable laws, regulations or ordinances governing the use, storage or disposal of any Hazardous Substance, and shall cooperate reasonably with City in responding to such notice and connecting or contesting any alleged violation. Operator hereby agrees to indemnify, defend (through counsel reasonably satisfactory to City) and hold City (including City's officers, employees, agents, representatives, and their respective successors and assigns) harmless from any cost, expense, loss, damage, or other liability incurred by City, including all costs of testing, monitoring, and remediation incurred by City as a result of any breach by Operator of the obligations under this section.

(H) Fully cooperate with and provide any necessary or appropriate documents, materials and information to City, any financial institution, lender or any other third party designated by City, and consent to the assignment by City of this Agreement to any financial institution or lender as security for any loan made by such financial institution or lender to City.

(I) Make recommendations to City from time to time concerning improvements and modifications to the Golf Course.

(J) Obtain and maintain in full force and effect all insurance required to be maintained by Operator pursuant to this Agreement.

OPERATING AGREEMENT
CITY – TOUCHSTONE 10

Section 8. OPERATION OF THE BENNETT VALLEY GOLF COURSE

(A) Subject to and throughout the Term of this Agreement, and any extension thereof, Operator shall, subject to any restrictions or limitations set forth elsewhere in this Agreement, perform or cause to be performed all tasks necessary or appropriate to the ongoing operation, management, supervision, maintenance, and repair of the BVGC. In performing such tasks, Operator shall, at a minimum, do each of the following:

(B) Accept and manage all reservations for the BVGC and related facilities under rules and policies established in consultation with City.

(C) Create and provide various tournament packages and compile printed and electronic informational brochures for potential restaurant and banquet customers.

(D) Golf Course Maintenance:

(i) At a minimum, perform the following Golf Course maintenance services:

(a) Irrigate greens, tees, fairways, driving range and landscaped areas (b) Change cup locations a minimum of six days a week
(c) Rake traps with a mechanical rake five days a week and spot rake two days a week
(d) Repair divots in fairways and tees weekly
(e) Move tee markers daily
(f) Edge all sand traps twice monthly in season and as needed November through February
(g) Verticut all greens four times per year
(h) Fertilize greens, collars and heavy traffic areas every eight weeks; Aerate and top dress greens two times per year
(i) Mow greens six times per week in the months of March through October (j) Mow greens four times per week in the months of November through February (k) Mow fairways two times per week during the months of March through October (l) Mow fairways one time per week during the months of November through February
(m) Mow collars and tees two times per week March through October (n) Mow collars one time per week during the months of November through February
(o) Mow fairways one time per week during the months of March through October (p) Mow all rough areas twice monthly November through February (q) Implement weed control as needed
(r) Maintain the boundary of the Golf Course

(E) Refer to Exhibits G and H for reference regarding the Golf Course irrigation equipment, including irrigation pumps and wells. The Operator is responsible for ALL irrigation maintenance and repair, including lateral and main line breaks, valves, sprinkler heads, controllers, and all other parts of the irrigation system above and below grade.

(F) The Operator shall maintain the irrigation system in a manner that prolongs the useful life of the entire irrigation system. The irrigation equipment shall be kept in good repair, functioning

OPERATING AGREEMENT
CITY – TOUCHSTONE 11
properly, and continually in conformance to all related codes and regulations. An annual preventative maintenance program shall be performed on the irrigation system, including pumps each year. The irrigation system is over fifty (50) years old and major systems malfunctions are a regular part of irrigation maintenance.

(G) The Operator is responsible for all maintenance and repair of holding pond pumps, well pumps and wells and any other part of component of the wells and pumps system. The holding pond pumps are in poor condition but are fully operational. The City is in the planning stages for a capital improvement project to remove the holding pond and pump system in replace of a new water well and holding tank or ponds. The well project is expected to be complete in approximately 2-3 years. Until the well project is fully funded and complete the existing holding pond pumps will not be replaced and therefore the Operator must maintain the pumps in the best working order possible. The City will be responsible for major clearing of intake valves, annually from the holding ponds that contain the pumps until such time as the new water supply system is installed.

(H) All electrical issues for any irrigation equipment including valves and controllers, pumps and all other electrical based equipment on the golf course is the responsibility of the Operator to troubleshoot and repair.

(I) Operate the Golf Course and all related facilities during all daylight hours, seven days per week, on all days when the Golf Course is playable.

(J) Establish, and timely implement, and publish fees for the driving range, golf equipment rentals, golf cart rentals, instruction and lessons. Notwithstanding the foregoing, Operator shall obtain the written consent of the City prior to increasing any fee more than ten percent (10%) aggregate in any single year of the Term or any extensions thereof Consent may be granted in the City’s reasonable discretion.

(K) Establish prices for golf equipment and retail merchandise available for purchase through the pro shop.

(L) Timely implement and publish greens fees established by City. Operator is authorized to discount greens fees up to 20% and offer promotions to fill open tee times, provided, that the discounts and promotions are consistent with industry standards. Any non-industry standard practices and any discounts combination that results in a discount of more than 20% must be approved, in writing by the City. Such promotions and discounts shall be thoroughly documented and reported to the City pursuant to Section 21 of this Agreement. The City shall have the authority to reduce, rescind, or otherwise modify Operator’s discounting authority at any time upon written notice to Operator.

(M) Third Party Marketers (e.g. Golf Now): The City acknowledges and agrees that the Operator may trade tee times with third party marketers to increase distribution and the sale of tee times. In return for the distribution and marketing of tee times, the Operator may trade tee times at a rate which is consistent with other similar golf courses in the area.

(N) The City approves of the Operators volunteers to lead charitable efforts and serve as golf course greeter or starter and golf course assistant, and agrees volunteers may receive complimentary golf on a space available basis and other privileges as defined by the Operator.

OPERATING AGREEMENT
CITY – TOUCHSTONE 12
(O) The use of complimentary golf may also be used at the discretion of Operator to promote and increase business (revenue), and to provide for customary privileges for PGA, GCSA, LPGA members, and course employees and volunteers, on a space available basis. City employees and officials are not eligible for complementary golf, or any other complimentary options offered by the Operator.

(P) Maintain and operate the pro shop, golf cart storage area, maintenance shop, restrooms, and all other Bennett Valley Golf Course facilities in a safe, neat and orderly condition. The City shall have the right to make reasonable objections to the appearance and condition of the facilities and to the level and quality of service provided by staff utilized by Operator. Operator shall promptly meet and confer with the City regarding any such objections upon notification by the City.

Operator shall respond to all customer complaints in a timely manner and attend to and accommodate customer needs and complaints to the best of Operator's ability.

(Q) Clean and maintain restrooms and provide all supplies, materials and regular cleaning necessary to ensure that they are continuously clean and fully equipped; maintain and repair restroom fixtures.

(R) Ensure the Bennett Valley Golf Course is free of garbage, trash and debris; deposit all garbage, trash, debris and recycling in proper receptacles.

(S) Maintain and repair the premises, including, but not limited to, greens, fairways, tees, roughs, sand traps, driving range, pond/reservoir banks and inlet pipes, maintenance yard, irrigation systems, landscaping, shrubs, trees, planter areas, fencing, lawns, restrooms, pro shop, parking lot, restaurant, banquet facilities and all equipment and personal property related thereto, in accordance with industry standards and established minimum maintenance levels for the Bennett Valley Golf Course as described herein.

(T) Provide customers with a variety of clothing, sundries and golf equipment for purchase. Provide golf clubs for rental. All inventory in the pro shop shall be purchased by Operator and Owned by the City.

(U) Manage and schedule all golf instruction and lessons.

(V) Comply with all agreements and instruments governing or affecting the BVGC now or in the future, including, without limitation, regulatory agreements, mortgages, deeds of trust and similar documents, copies of which shall be provided to Operator upon execution of this Agreement, or promptly after such documents become effective.

(W) Negotiate, prepare, review and, subject to the restrictions set forth herein, execute and maintain in full force and effect all agreements necessary or appropriate for the management, operation, maintenance and supervision of the BVGC ('Operating Contracts"), and assure that any such contracts (1) may be terminated without cause or penalty upon not more than thirty (30) days. notice; and (2) include adequate indemnification and insurance coverage requirements on behalf of City, as an additional insured thereunder when applicable given the nature of the Operating Contract. Contracts with more than a thirty (30) day termination clause must be approved in writing by the City.

OPERATING AGREEMENT
CITY – TOUCHSTONE 13
(X) Diligently pursue the collection of all fees and other sums due and owing to Operator or City relating to the BVGC. Ensure that tournament and event contracts are fully executed, and all required payments are received prior to or on the day of tournaments and events.

(Y) Provide all marketing and advertising, including but not limited to on-line, print and other media.

(Z) Except for major golf course maintenance equipment, procure and maintain all equipment necessary and appropriate for the profitable and efficient operation of the Golf Course. The City will procure all major golf course maintenance equipment and the Operator is required to maintain the equipment with qualified personnel. Reference Section 11.B.iii of this Agreement for further information regarding Operator’s responsibility regarding maintenance of equipment.

(AA) The BVGC and all property grounds shall always be maintained to the standard of a first-class daily fee golf course. Ground landscaping is kept free of weeds and dead plants are replaced in- kind or substituted with City approval. All Grounds and the golf course must be free of trash.

Non-turf landscape areas shall be maintained to always reduce weeds to less than one foot in height. Rouge trees and large shrubs that may sprout must be removed when within ten feet of a structure of fence or receive City approval to remain.

(BB) Dead trees must be removed immediately, pending City approval, and stumps ground to 18” below grade.

(CC) The Operator shall maintain the property and the golf course in accordance with the accepted and most current Golf Course Superintendents Association of America (GCSAA) standards and Professional Golf Association of America (PGA) guidelines.

Section 9. GOLF TOURNAMENTS, LEAGUES AND SPEICAL EVENTS

(A) The Operator will host at least two tournaments each year open to anyone to encourage and promote participation in the sport of golf. The Operator will coordinate tournament dates with the City to provide the maximum outreach for participation. The Operator is responsible for the marketing and outreach related to tournaments and leagues, however, the City will coordinate with the Operator utilizing its existing outreach methods as well.

(B) The Operator will provide for special events at the golf course and restaurant such as but not limited to concerts/movie nights, holiday events, fundraisers that benefit the recreation of golf for populations that traditionally do not participate in golf.

Section 10. OPERATOR OPERATION OF THE RESTAURANT AND BANQUET SERVICES

(A) The Operator shall operate the restaurant and banquet rooms/event space and monitor sales and concession areas. The restaurant must be open during the hours of operation and all days that the Golf Course is open unless otherwise approved, in writing by the City. The restaurant must offer a breakfast and lunch option for golfers and twilight hour dinner option Mondays through Thursdays. Full Dinner Service must be provided Friday, Saturday, and Sunday at a minimum, on all days when the golf course is open unless otherwise approved in writing by the City.

(B) Restaurant and Pro Shop Food and Beverage Service

OPERATING AGREEMENT
CITY – TOUCHSTONE 14
(i) The Operator will determine what type of food it intends to provide to customers to the satisfaction of the City. Food must be provided for all expected patrons including options for youth patrons. The restaurant will also provide to-go items such as water and snacks and hearty snacks for golfers that are mid-way through golfing or similar. Beverages shall include commonly requested non-alcoholic beverages and alcoholic beverages for restaurant patrons and golfers.

(ii) The Pro Shop may also sell pre-packaged to-go food and beverages with a long-shelf life such as water, gum, and similar.

(iii) The Operator will provide snacks and beverages, both alcohol and non-alcoholic beverages to golfers on the course, while golfing. This is a key service at BVGC as the layout of the golf course does not easily allow for all golfers to stop at the restaurant, especially during fast play.

(i) The Operator must provide as part of its Operation Plan for the banquet rooms/event center seven (7) days per week, or any day that the golf course is open, including holidays, if any, for breakfast, lunch, or dinner hours unless otherwise approved in writing by the City. Banquet rooms must be available to the public for rent at market rates and with variable rates to attract weekday use. The Operator must provide verifiable analysis that pricing, and availability is comparable or better than other similar facilities in the greater north bay area and specifically within Sonoma County. Costs should not be at the high range of the market unless approved by City Council. The Operator is encouraged to provide unique and interesting options for City consideration to attract regular use of the banquet facility.

Section 11. CITY AND OPERATOR’S EQUIPMENT AND SUPPLIES

(A) Supplies. Operator shall purchase all supplies necessary for the management, operation, supervision and maintenance of the BVGC, including but not limited to: all consumable goods, uniforms, cups, flags, flagpoles, tee markers, trash receptacles, bunker sand, ball washers, towels, grinding compound, special tools to maintain equipment, welders, grinders, air guns, hoses, sand trap rakes, restroom supplies, gasoline, oil, grease, small hand and power tools, shovels, rakes, hoes, brooms, fertilizers, broadleaf weed control products, fungicides, algaecides, weed control products for fence lines and cart paths, grub control materials, crabgrass control materials and all other chemicals for application on the Golf Course, grass seed, top dressing materials, sprinkler heads, range mats, range balls, and all other items necessary for the efficient and proper functioning of the Golf Course and as approved by the City. This is not intended as a complete list of supplies; Operator is required to purchase additional supplies where necessary and appropriate, whether or not specifically mentioned above and as approved by the City. All supplies purchased by Operator are the property of the City, with the only exception being any items agreed to in writing or per this Agreement that shall remain the property of the Operator.

(B) Equipment.

(i) City’s Equipment. An inventory of furniture, fixtures, and equipment supplied by City and available to Operator for the performance of this Agreement by Operator (the "Equipment"), is set forth in Exhibit I and maintenance equipment is set forth in Exhibit J

OPERATING AGREEMENT
CITY – TOUCHSTONE 15
to this Agreement. Exhibit I and J may be updated from time to time in writing by the City. The purchase or disposition of Equipment is at the sole discretion of City. All Equipment listed in Exhibit I and Exhibit J is and shall remain the property of City.

(ii) Operator's Equipment. Operator shall, within 30 days of Effective Date, supply City with a list of all furniture, fixtures and equipment ("FF&E") owned by Operator that will be used at the Golf Course by Operator, if any. For the purpose of clarity, Operator does not typically own any equipment, inventory or supplies at the golf courses under its management and does not intend to own any such items in connection with this Agreement. All such items will be purchased by Operator as a golf course operating expense.

(iii) Equipment Maintenance and Repair. Operator shall maintain and keep all Equipment and FF&E in good condition and repair throughout the useful life of the Equipment and FF&E in accordance with manufacturers' specifications and recommendations, reasonable wear and tear excepted. Operator shall replace FF&E including, but not limited to, office furniture, chairs, decor, window treatments, televisions and other audio/visual systems, closed circuit surveillance cameras, refrigerators, microwaves, and golf carts as they become worn or inoperable with City approval and unless otherwise noted in this Agreement. Operator shall provide all labor and parts for Equipment and FF&E repairs, including but not limited to, tune-ups, grinding, lapping, battery, belt, chain, and tire replacements, and perform all scheduled or manufacturer- recommended servicing of the Equipment and FF&E. Evidence of regular service of Equipment and FF&E through logs and other supporting documentation, such as receipts for service, must be provided to City upon request. The City may repair golf course maintenance equipment if the estimate of the cost of the services exceeds $5,000 and/or if documentation of the Operator’s attempt to repair are provided. Operator shall utilize the City’s software system, Faster for logging of all golf course maintenance equipment services, including preventative maintenance. The City will coordinate with the Operator to train maintenance staff with utilization of the software program and reporting expectations.

(C) Maintenance Shop – Buildings and Yards. Operator is hereby permitted to use the maintenance buildings and yards at BVGC. To store equipment and supplies for the maintenance and repair of the Golf Course and related facilities, and Operator shall keep these buildings and yards in a neat, safe, clean and orderly condition. Any damage to said buildings due to negligence or misuse by Operator, or Operator’s employees, contractors, or agents, shall be promptly repaired by Operator at Operator's sole expense and to the satisfaction of the City. Operator shall defend, indemnify and hold City harmless from any and all claims by laborers, material suppliers or contractors in connection with any work done on, or goods or materials incorporated into, the Golf Course, or any facilities related thereto, including the pro shop, and shall perform all other acts as may be necessary or appropriate to preserve and maintain the Golf Course and all related facilities free and clear of any and all liens and free and clear of any and all stop notice rights.

(D) The Operator must provide a plan for disposal of unwanted vegetation, natural products such as sand and mulch, including dead trees and stumps. It is not acceptable to stack, pile or hold onto any unwanted debris on site. Any minor equipment, parts or other items utilized in the maintenance of the golf course and grounds that must be disposed of immediately when no longer in use or needed for golf course and grounds maintenance. The Operator may not stack, hoard, or

OPERATING AGREEMENT
CITY – TOUCHSTONE 16
dispose of debris on-site. Every piece of maintenance equipment and material utilized must have a dedicated location that does not interfere with the aesthetics of the golf course.

Section 12. UTILITIES, INTERNET, COMPUTER SYSTEMS AND RELATED SERVICES

(A) All Golf Course utility accounts shall be held by City in City’s name. City shall bear the cost of water, sewer, gas, electricity and refuse collection services to the Golf Course, including electricity to charge all golf cart batteries.

(B) Telephone, Internet service, WiFi, television cable, satellite service, web site hosting, POS System including personal computers and server hardware, range ball machine maintenance, credit processing, security cameras and any other similar service utilities shall be held by Operator on behalf of the City. City will provide support only for existing local computer network cabling infrastructure (copper and fiber) located in and between the BVGC buildings.

Modifications to existing copper and/or fiber computer network cabling, and the installation and termination of new copper and/or fiber computer network cabling will need to be reported to the City, then reviewed and approved by the City before proceeding. All expenses associated with these services are the responsibility of the City.

(C) Water Supply: The City is responsible for all Water and Sewer Utilities costs, including irrigation water until such time as a separate water meter can be provided between the golf course and Galvin Park. The Operator will comply with all City of Santa Rosa and State implemented water restrictions related to drought. The Operator will make every effort to conserve water on the golf course and in the restaurant. The Operator is responsible for managing all repairs to the irrigation and water supply lines.

(D) Electrical and Gas: Electrical and Gas Services are to be provided and funded by the City via PG&E. However, any monthly electrical and gas invoices over the average level will be subtracted from the Operator’s Annual Incentive. The City will repair any main conduit electrical repairs needed for service to the buildings and within the buildings.

(E) Refuse: The City has a Franchise Agreement for refuse disposal and therefore, the City will provide for the same refuse service that is currently provided. The large refuse bin for the restaurant must be kept within the outside storage area of the restaurant except on the day(s) when the refuse service will collect. The Refuse bin may not be rolled out the night before and in the following day after pick-up, instead it must be within the outside enclosure at the restaurant building at all times except on the day of refuse collection.

Section 13. PRO SHOP MERCHANDISE

(A) The Operator has the authority to make decisions regarding the type and quantity of all golf merchandise available in the Pro Shop as agreed upon in advance per the BVGC budget. In lieu of a City approved budget, the Operator shall maintain inventory levels in a manner so as to minimize stale merchandise and achieve a reasonable inventory turnover level. The Operator must not overstock the Pro Shop with merchandise but must also provide a fully stocked merchandise section. The Operator shall provide a wide variety of golf merchandise for purchase or rent that is sufficient to provide commonly needed and quality merchandise.

(B) The restaurant may also provide Pro Shop merchandise if the merchandise can be continuously monitored by staff.

OPERATING AGREEMENT
CITY – TOUCHSTONE 17

Section 14. FUEL PUMP STATION

(A) The City owns an on-site gasoline pump for the convenience of fueling BVGC maintenance equipment. The Operator may utilize this gas pump system or propose an alternative. If the Operator utilizes the existing gas pump, it is entirely the responsibility of the Operator to maintain the gas pump equipment to the safest level required by law or higher. The Operator will maintain all permits required, except the BAAMQD permit which the City will maintain with cooperation from the Operator. The Operator will arrange for all fuel deliveries and entirely manage the operation and safety responsibilities of the gas pump equipment.

(B) The Operator will log every gallon of fuel at a minimum and track its distribution per equipment tag for accountability. These logs will be provided monthly to the City on amount of fuel in the tank, amount of fuel distributed to each piece of equipment requiring fuel. The Operator will also provide an annual year- to- year report for comparison.

Section 15. CAPITAL PROJECTS

(A) The City and the Operator will share in the responsibility for providing capital improvements; provided, however that the cost of such capital improvements shall be borne by the City except for $50,000 Operator is contributing up front for restaurant and entry grounds improvements. The City and the Operator will provide regular reviews of the property to identify Capital Improvement needs. The Operator may provide for all capital improvements only with prior written permission from the City. The City reserves the right to deny, for any reason, any capital improvement that is not a safety concern or without repair would eliminate or severely limit the use and operation of the BVGC at the sole discretion of the City. The City may perform Capital Projects at its own discretion.

(B) All Capital Projects approved by the City and undertaken by the City or Operator must eliminate or significantly reduce the disturbance to the enjoyment of the sport of golf and use of the facilities. Significant Capital Projects must estimate a project schedule, full costs and revenue impacts to the golf operation, if any.

Section 16. FACILTIY CONDITION AND MINOR IMPROVEMENTS

(A) Within its basic operational budget, the Operator shall be responsible for providing daily janitorial maintenance of all building interiors and exteriors in at least their condition at the time of the Effective Date. If, in the event, that the Operator desires to improve the interior or exterior, the Operator must receive approval, in writing from the City before undertaking improvements at City expense unless previously approved as part of the budget. Upon City approval, the Operator may make minor alterations to improve and or change the aesthetics of the building interior or exterior such as signage, change of material of any part of the building or exterior or attachment of any new object or feature, including drapery, display cases, art, or anything that would be considered a change to the aesthetics of the building in any way.

Section 17. SIGNAGE

(A) The Operator shall produce and display in the Pro Shop with the following information: Greens fees, golf cart rental fees, pull cart rental fees, range ball fees, rain check policy, tee time policy and refund policy. The City of Santa Rosa shall have the final approval of all signage, especially

OPERATING AGREEMENT
CITY – TOUCHSTONE 18
anything that includes the City of Santa Rosa logo, including text. Any signage displayed anywhere on site must comply with the City of Santa Rosa’s Policies regarding non- discrimination.

(B) The Operator will propose a name(s) for the restaurant, for City consideration and approval. The Operator will arrange for restaurant signage upon approval from the City regarding the design and location and materials.

Section 18. GOLF CARTS

(A) The City shall assume responsibility for the current golf operator’s golf cart lease until October 2022. The City requires continuity of golf carts on site. Prior to the expiration of the golf cart and maintenance lease in October 2022, the Operator and the City may mutually agree to renew the existing golf cart lease agreement or seek a new golf cart and maintenance agreement (lease or purchase) that is in the best interest of the City. The Operator’s responsibility is to ensure golf carts are available each day for use by golf patrons. The Operator must always ensure continuity of golf carts when open to the public.

(B) The Operator shall provide for the daily cleaning and charging of the golf carts and coordinate with the golf cart contractor for any needed repairs. It is the Operator’s responsibility whether leased or not to ensure that the carts are clean, sanitary, charged, perform well in all directions, and are undamaged (seats, body, dents etc.).

Section 19. PROHIBITED ACTIVITIES

(A) Operator shall not do, nor cause, nor permit to be done, any of the following, which shall be deemed an Event of Default by Operator under Section 3:

(i) Borrow or lend money, or enter into any other agreement, in the name of the City.

(ii) Enter into any agreement, relating directly or indirectly to the Golf Course, which cannot be terminated without penalty upon not more than a thirty (30) day prior notice (oral or written) without written approval from the City.

(iii) Assign, transfer, pledge, compromise or release any of the claims of or debts of City, except upon payment in full.

(iv) Arbitrate or consent to the arbitration or settlement of any claim of or against City or any other dispute or controversy involving City.

(v) Lease, sell, transfer, assign, convey, pledge, encumber, mortgage, hypothecate or otherwise dispose of the BVGC, related facilities, the Equipment or supplies provided by City, or enter into any contract for such purpose, provided, however, that Operator shall have the right to (i) replace at Operator's cost any of the Equipment that is worn, destroyed, or otherwise inoperable, and (ii) enter into service and maintenance contracts for the Equipment, subject to the City's prior approval which shall not be unreasonably withheld.

(vi) Violate any of the Legal Requirements or engage in or permit, suffer or allow the occurrence of, any storage, holding, release, emission, discharge, generation, abatement,

OPERATING AGREEMENT
CITY – TOUCHSTONE 19
disposition, handling or transportation of any Hazardous Substance. Notwithstanding the foregoing, Operator need not secure prior written consent of City before utilizing, in connection with the reasonable and necessary operation and maintenance of the Golf Course, fertilizers, pesticides, fuels and motor oil, provided such substances are utilized in full and complete compliance with all applicable Legal Requirements, and any procedures now in effect or hereafter made effective by City.

(vii) Make any modification, alteration or improvement to the Golf Course or related facilities other than as expressly authorized hereunder, or as indicated in the applicable Business Plan or approved in writing by the City.

(viii) Except for fertilizers, pesticides, fuel and motor oil or other substances or materials reasonably necessary for operation and maintenance of the Golf Course, (all of which substances and materials shall be used, installed, kept and maintained in compliance with all applicable Legal Requirements), place or cause to be placed in, on, under or around the Golf Course or any related facilities any Hazardous Substance. In addition, Operator shall comply with any hazardous materials compliance program or policies of the City and the County of Sonoma now or hereafter in effect. In the event Operator discovers or obtains actual knowledge of the existence of any Hazardous Substance in, on, under or around the Golf Course or related facilities other than as permitted to be so located in compliance with this Agreement, Operator shall immediately notify City. Operator shall not be responsible for any Hazardous Substance (1) present on the Golf Course prior to the date hereof, unless deposited thereon by Operator or Operator’s agents, contractors, or employees; (2) placed on the Golf Course in accordance with the terms of this Agreement; (3) which become present on the Golf Course after the date hereof as the result of some event or condition over which Operator had no control, provided, however, that Operator shall promptly notify City of any notice received by Operator from any governmental authority of any actual or threatened violation of any applicable laws, regulations or ordinances governing the use, storage or disposal of any Hazardous Substance, and shall cooperate reasonably with City in responding to such notice and correcting or contesting any alleged violation.

(ix) Provide permissions and approval of access and improvement to the Golf Course facility to City’s Operators and other City authorized access and improvements without City approval.

(x) Operator shall not display, nor shall Operator suffer or permit the display of any advertising or any other postings at the BVGC that are unrelated to golfing, restaurant or public event activities, without the prior written consent of City, in City's sole discretion.

All exterior signage must comply with City of Santa Rosa signage standards.

(xi) Operator must determine, establish, and implement the policies, standards, and schedules for the operation and maintenance of the Golf Course and all matters affecting customer relations, in accordance with this Agreement including the attached exhibits.

Section 20. COMPENSATION, REVENUE AND FEES

(A) Base Management Fee. Operator shall earn a Base Management Fee of $8,000 per month payable on the 1
st day of each month in advance, for an annual Base Management Fee of $96,000.

OPERATING AGREEMENT
CITY – TOUCHSTONE 20
(B) Incentive Management Fee. In its management role, OPERATOR shall be eligible to earn incentives (the “Incentive Management Fee”), in addition to the Base Management Fee. The Incentive Management Fee shall be based on increases/improvements in annual Net Operating Income of the Golf Course, as outlined herein. “Net Operating Income” shall be calculated as all revenues of the Golf Course minus (1) the cost of all goods sold at the Golf Course, (2) Direct Costs, and (3) the Base Management Fee. The Incentive Management Fee for the first Operating Year shall equal 20% of the amount of Net Operating Income that exceeds $500,000. For purposes of this Agreement, “Operating Year” is the period from the Effective Date to the following June 30 and each following twelve (12) calendar month period for the term of the Agreement commencing on July 1 and ending on June 30. The Incentive Management Fee for the second Operating Year (July 1, 2023 – June 30, 2024) shall be 20% of the amount of Net Operating Income that exceeds $625,000. Following the first and second Operating Years, the Incentive Management Fee will be 20% of the amount of Net Operating Income that exceeds the higher of: (1) the actual Net Operating Income for the previous Operating Year, or (2) $950,000.

Reference Section 3 (E) v for further information regarding incentive fees in the event of termination of this Agreement.
(C) Alcoholic Beverage Profits. Operator shall retain all Net Profits from the sale of alcoholic beverages at the BVGC; provided, however, that the Base Management Fee shall be reduced in arrears by the amount equal to the Net Profits retained by Operator. As used herein, the term “Net Profits” shall mean the gross receipts attributable to the sale of alcoholic beverages at the Food Service Facilities less (i) Employee Compensation for Food Service Facilities employees, (ii) payments under equipment leases for the Food Service Facilities, (iii) costs incurred to purchase alcoholic beverages for service or sale, and (iv) any applicable Food Service Facilities- related state and federal taxes, but specifically excluding Operator’s income taxes in respect of Net Profits retained by Operator pursuant hereto. Operator shall provide City with an accounting of Net Profits each month, at the time of submission of Operator’s Base Management Fee invoice.

(D) The Fee payments prescribed herein shall constitute all compensation to Operator for providing the services hereunder, including all costs associated with non-golf course personnel, and insurances maintained by Operator not specific to the golf course facility, excluding reasonable reimbursable travel costs of non-golf course personnel for Operator’s senior management visiting the golf course facility. In no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Operator’s invoice.

(E) Notwithstanding any other provision in this Agreement to the contrary, the total maximum annual compensation to be paid for the satisfactory accomplishment and completion of all services to be performed hereunder shall in no event exceed the sum of ninety-six thousand dollars and no cents ($96,000.00) and an incentive fee as described in Section 20 B of this Agreement above. The City’s Chief Financial Officer is authorized to pay all proper claims from BVGC Operating Fund 1661.

(F) The Operator shall create, maintain, and operate an independent bank account to manage all revenue and expense transactions in compliance with this Agreement. The City shall maintain or hold no authority over said account with the Operator being the sole account holder. By the fifteenth of each month, Operator is to provide the City a remittance containing the account's statement and a summary of transactions for the prior month. At that time, any surplus to the account will be remitted to the City, any deficit shall be invoiced at net 30 terms. The City will

OPERATING AGREEMENT
CITY – TOUCHSTONE 21
hold rights to audit the transactions quarterly. Surplus will be determined by the City in coordination with the Operator within 45 days of fully executed date of this Agreement.

(G) Pursuant to Section 21, within 15 calendar days of the end of each month end period, Operator will report to the City the earnings before interest, taxes, depreciation and amortization (“EBITDA”) for the prior month end period. City shall have the option to elect to have Operator distribute, transfer or otherwise fund the EBITDA for such month end period and if so elected, Operator will arrange for the distribution, transfer or funding of such amount no later than 45 calendar days after the month end period.

(H) The Parties acknowledge that it is the intent to maintain a balance of operating cash that approximates 5% of the annual budgeted revenue of BVGC at all times such cash balance representing the “Working Capital Reserve” for the Golf Course. At the inception of this Agreement, the amount established for the Working Capital Reserve is $175,000. The Working Capital Reserve shall be updated no less than annually based on the approved budget and any reforecast approved by the City.

(I) With each Monthly Operating Report required under Section 21, Operator shall provide a cash projection for the remaining months of the budget period to include the actual results year-to-date and the forecasted results for the remaining budget period based on the budget. At such time, Operator shall advise the City if the Working Capital Reserve is no longer at the threshold amount and will propose steps to rectify the shortfall, if any are deemed necessary, or shall proceed with the funding request outlined herein.

(J) If the funds in the Golf Course Operating account are insufficient to cover actual BVGC Direct Costs, then the Operator shall submit a written funding request to the City including the following information: (1) amount of request funding deposit; (2) a projected cash flow statement covering the period of time in which such funding request is being made for, based on the budgeted revenue and costs for such period of time; (3) a detailed schedule of unbudgeted revenue or expense adjustments anticipated with such information incorporated into item (2), and (4) a current accounts payable aging report. The City reserves the right to require additional information from the Operator during a funding request.

(K) Operator will remit to the City all the BVGC Capital Improvement (CIP) Fees collected as established by City Council until such time as the City Council eliminates the Fees. CIP Fees will be provided to the city by the Operator monthly, unless otherwise approved, in writing by the city. CIP Fees are not considered Operating Revenue and may not be utilized without City Council approval or as approved in the budget.

(L) Operator acknowledges and will remit to the City Operating Revenue sufficient to reimburse the city for the monthly costs of all services and utilities described in Section 12, A – E of this Agreement upon presentation of an invoice unless upon City approval, the Operator directly pays these utilities. The city will provide record of the billing to the city of the services and utilities as received.

Section 21. RECORDS & REPORTING

(A) Accounting System; Books. Operator will collect, analyze, and provide all data regarding the Services provided to the City on a Fiscal Year basis that captures and maintains complete information concerning all BVGC operations, maintenance and management, as follows:

OPERATING AGREEMENT
CITY – TOUCHSTONE 22

(i) Accounting System. For all financial transactions at or relating to the BVGC, Operator shall maintain and use an accounting system acceptable to City. Operator utilizes the QuickBooks Enterprise accounting system and City agrees that such system is acceptable to the City;

(ii) Books of Account. Throughout the Term and any extension thereof, Operator shall maintain, in accordance with generally accepted accounting principles (GAAP), consistently applied, full and separate books and records for the Golf Course, with entries supported by documentation sufficient to allow City to ascertain the accuracy of such books and records. Operator shall maintain and safeguard such books and records in Operator's office at the Golf Course, or at such other location as may be agreed upon in writing. Operator shall provide legible, complete copies of such books and records to City at such times and at such other locations as City may request. Operator shall ensure the necessary control over accounting and financial transactions as is necessary to protect City's assets from theft, error or fraudulent activity by Operator's agents, employees, or customers.

(iii) Operator may choose to implement a new automated golf and point of sale software system or purchase the equipment from the current operator. Either of which shall be approved by City in writing, with the ability to generate necessary daily, monthly, and annual reports as described in this Section 21iv below, as well as a wide variety of golf statistics. The purchase of any such system and equipment shall be the financial responsibility of the City.

(iv) The Operator shall procure with approval from the City all Golf and Restaurant Management software and hardware and must accurately report the following monthly; Accounting Management, CRM, Electronic Tee sheets, Event Management, Gift Card Management, if any, Inventory Management, Lessons Scheduling, Membership Management, Payment Processing, Payroll Management, and Point of Sale (POS) transactions. The format of these is subject to approval by the City and shall show, annually, by fiscal year (July 1 – June 30
th) year-by year quick comparison of Profit and
Loss (P & L) and all information listed in this section at a minimum. Any golf course software, hardware expense shall be for the account of the City.

(B) Financial Reports. Operator agrees to submit reports as follows:

(i) Monthly Operating Report. Operator agrees to prepare and submit to City, on or before the fifteenth (15th) day of each calendar month during the Term and any Extensions thereof, and the twentieth (20th) day of the calendar month immediately following any month in which this Agreement is terminated, a Monthly Operating Report, which shall be in such form and contain such information as City may require, and shall include: a report of all transactions occurring during the preceding month; all aging accounts receivables; all deposits held as short term liabilities; all gift certificates sold but not redeemed, and a statement of income for the Golf Course for the preceding month; each prepared on an accrual basis; and, if requested by the City, an analysis of any variances from the Business Plan then in effect. A report in a form approved by City, tracking greens fees and rounds played by category of player, rate, discounts, and promotions shall be provided to the City in conjunction with the Monthly Operating Report.

OPERATING AGREEMENT
CITY – TOUCHSTONE 23
(ii) Annual Operating Report. Operator shall prepare and submit to the City, no later than ninety (90) days after the end of each Term year and each extension year, an Annual Operating Report for the period of one Fiscal Year from July 1 through June 30, which Annual Operating Report shall be in such form and contain such information as City may require. The Annual Operating Report shall be certified by the principal of Operator as a true and accurate statement of all Gross Revenue and all transactions occurring during the Term year and each extension year. The purpose of the Annual Operating Report is to allow City to reconcile Gross Revenue reported and determine whether correct revenues were paid to City by Operator. Any costs associated with the Annual Operating Report shall be paid by Operator.

(iii) Annual Financial Statements. When requested in writing by the City no later than December 1st of any Term year or extension thereof, Operator shall submit audited Annual Financial Statements for the operation of the Golf Course, including an independent auditor's report and corresponding audit management letter, to City no later than March 1st following the written request. The Annual Financial Statements shall be for the period of January through December of the prior calendar year. The Annual Financial Statements shall include P & L statements and balance sheet prepared in accordance with GAAP by an independent certified public accountant. Operator may request, and at its sole discretion, City may approve, the submittal of a federal tax return in lieu of the audited Annual Financial Statements. City shall treat Annual Financial Statements and federal tax returns as Operator's proprietary information. Any audit costs shall be for the account of the City.

(iv) Additional Reports and Data. Additional ad-hoc or other reports and data as reasonably requested by City related to the Services provided.

(i) Documentation; Retention of Materials. Operator shall maintain adequate documentation to substantiate all charges as required under this Agreement.

(a) Operator shall keep and maintain full and complete documentation and accounting records concerning all extra or special services performed by it that are compensable by other than an hourly or flat rate and shall make such documents and records available to authorized representatives of City for inspection at any reasonable time but no later than 30 days following request by the City.

(b) Operator shall maintain the records and any other records related to the performance of this Agreement and shall allow City access to such records during the performance of this Agreement and for a period of four (4) years after completion of all services hereunder.

(ii) Review, Inspection and Audit.

(a) All books, records and supporting documentation maintained by Operator pursuant to this Agreement and relating to Operator's management of the Golf Course shall be available and accessible for review and inspection by City at City's request at reasonable times during normal business hours, and, in addition,

OPERATING AGREEMENT
CITY – TOUCHSTONE 24
in connection with independent financial audits performed by City, as well as audits by any governmental authority. City, or persons appointed by City may, during ordinary business hours, examine all books, records and supporting documentation maintained by Operator pursuant to this Agreement, and all of Operator’s other documents, records and files relating to the Golf Course. Should City or City's employees or representatives discover any errors in record-keeping, Operator shall correct such discrepancies promptly upon discovery and notification thereof and make all appropriate and necessary adjustments.

Operator shall inform City inwriting of the action taken to correct any such audit discrepancies.

(b) Operator agrees to prepare and allow inspection by City of the plans, books, records and other materials specified throughout this Agreement, including any current or subsequent Business Plan, Operator's books of accounts, all Monthly and Annual Operating Reports, and all supporting documentation therefor, including bank statements and deposit slips, cash receipts and disbursement records, detailed trial balances, paid invoices, supporting documentation for payroll, payroll taxes and employee benefits, and all daily, weekly, monthly or other reports maintained by Operator in connection with Operator's ongoing operation and management of the Golf Course, as well as all contracts that relate to Operator’s management, operation, supervision and maintenance of the Golf Course

Section 22. PLANNING; COORDINATION WITH CITY

(A) Required Plans. Operator agrees to prepare, implement and adhere to the following plans, which are subject to approval by City.

(i) Transition Plan

(a) The Operator’s transition plan will be relied upon as a guide for transition from the current operator whose term expires on June 30, 2022.

(b) The Transition plan includes a schedule for implementation of services which outlines the key implementation steps from Council approval of the Operator’s Agreement, through and including opening full operations to the public as required in this Agreement. The expectation is that the Operator will shadow the current operator immediately following a fully executed Agreement.

(c) The Golf Course may close to the public for approximately three to five days while the Operator prepares to open services to the public with the goal of as few days or hours as possible for transition. See Exhibit E for the Transition Plan.

(ii) Business Plan

(a) Operator shall be responsible for operating and managing the BVGC in accordance with an Annual Strategic Business Plan (Business Plan) reasonably appropriate for such operations, as approved by City, which approval shall not be

OPERATING AGREEMENT
CITY – TOUCHSTONE 25
unreasonably withheld. The draft Business Plan for the first year of the Term is set forth as Exhibit C to this Agreement.

(b) Operator shall prepare an update to Exhibit C, the Year One Draft Business Plan subject to the City’s approval within 45 days after the fully executed Agreement.

The Business Plan must include but is not limited to the proposed business overview, analysis of competitive golf courses, customer analysis, operations and management team, financial analysis and forecast, marketing, sales, promotion, advertising, and golf development programs. The Plan will also provide for the strategic details for conducting business in the first year of operations.

(c) Operator shall submit a proposed update to the Annual Strategic Business Plan, no later than March 1
st of the first year of operation and each subsequent year of the Term and any extensions thereof, for review and approval by the City. The City shall respond to Operator within thirty days of receipt of the proposed updates.

(d) Failure by the City to respond in a timely manner shall in no event constitute a waiver of the City's right to approve the same. In the event that the City fails to respond to the proposed updates to the Business Plan prior to the commencement of the next year of the Term, or any extension thereof, Operator may proceed pursuant to the Business Plan as proposed, provided however, that City shall in any event continue to have the right to approve the Business Plan. City has the right to hire at its expense outside Operators for the purpose of conducting performance reviews of the Golf Course operation including, but not limited to, revenue generation, customer service, and maintenance.

(e) The Business Plan is distinguished from the Operational Plan, in that the Business Plan would focus on the business strategy, data necessary to show appropriateness of the BVGC operations in achieving the City’s goals for a successful enterprise.

(iii) Operating Plan

(a) Operator shall be responsible for managing the Golf Course in accordance with an Annual Operating Plan reasonably appropriate for such operations, as approved by City, which approval shall not be unreasonably withheld. The draft Operating Plan for the first year of the Term is set forth as Exhibit D to this Agreement.

(b) Operator shall prepare an update to Exhibit D, the Year One Draft Operating Plan subject to the City’s approval within 45 days after the fully executed Agreement.

The Operating Plan must include but is not all items listed in this Section 22 of this Agreement.

(c) Operator shall submit a proposed update to the Annual Operating Plan, no later than March 1
st of the first year of operation and each subsequent year of the Term

OPERATING AGREEMENT
CITY – TOUCHSTONE 26
and any extensions thereof, for review and approval by the City. The City shall respond to Operator within thirty (30) days of receipt of the proposed updates.

(d) The Operator will include brief descriptions of the following tasks associated with high-quality management of the BVGC:

(1) Maintenance programs, as applicable, including tees, fairways, greens, bunkers, rough, restaurant concessions, pro shop area, driving range and other grounds.

(2) Customer Service Standards.

(3) Operating systems that are utilized to promote efficiencies, such as but not limited to, online tee time booking and transaction data.

(4) Staffing levels, pro shop operations, restaurant operations and relevant performance standards.

(5) Marketing and promotional plans for a wide variety of golfers and will incorporate diversity, equity and inclusion within the marketing and promotional plans.

(6) Provision of golf lessons and golf carts.

(7) Programming ideas and innovative operating concepts for both golf and the restaurant.

(iv) The plan for operations must include, management, and maintenance of the entire golf course, driving range, pro shop, maintenance buildings, all other golf course buildings, restaurant building, restaurant furnishings, golf course maintenance equipment, restaurant, maintenance equipment, parking lots, and material yard.

(B) General Coordination with City.

(i) Operator and City shall meet to establish the Business Plan, operating and capital budgets, estimates, schedules, Agreement details relating to maintenance and operation, fee schedules and other plans as City may require from time to time direct.

(ii) The Operator will ensure regular, monthly meetings between the Operator’s Liaison and the City’s Liaison and any Operator staff or City staff requested for attendance. A meeting schedule will be established between the Liaisons immediately following the Effective Date of this Agreement.

(iii) Regular meetings must include Operator updates for sales, marketing, golf course rounds, maintenance, equipment condition and operations of all aspects of managing the BVGC.

The City will provide executive updates and preferences for operation and customer services as needed. The City and the Operator will proactively communicate as often as needed outside of regular meetings to ensure the highest quality customer service.

OPERATING AGREEMENT
CITY – TOUCHSTONE 27

Section 23. INDEMNITY

(A) Operator shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") from all claims, demands, costs or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Operator, its officers, employees, or agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City.

(B) The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 23, nor shall the limits of such insurance limit the liability of Operator hereunder. This Section 23 shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 24 below. The provisions of this Section 23 shall survive any expiration or termination of this Agreement.

Section 24. INSURANCE

(A) Operator shall maintain in full force and effect all of the insurance coverage described in, and in accordance with, Attachment One, "Insurance Requirements." Maintenance of the insurance coverage set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by Operator in exchange for City’s agreement to make the payments prescribed hereunder. Failure by Operator to (i) maintain or renew coverage, (ii) provide City notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by City as a material breach of this Agreement by Operator, whereupon City shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement. Notwithstanding the foregoing, any failure by Operator to maintain required insurance coverage shall not excuse or alleviate Operator from any of its other duties or obligations under this Agreement. In the event Operator, with approval of City pursuant to Section 25 B below, retains or utilizes any subcontractors or sub-Operators in the provision of any services to City under this Agreement, Operator shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverages set forth in the Insurance Requirements in Attachment One. Notwithstanding the foregoing, all costs of golf course specific insurance shall be for the account of the City/golf course facility.

(B) Operator agrees that any available insurance proceeds broader than or in excess of the coverages set forth in the Insurance Requirements in Attachment One shall be available to the additional insureds identified therein.

(C) Operator agrees that the insurance coverages and limits provided under this Agreement are the greater of: (i) the coverages and limits specified in Attachment One, or (ii) the broader coverages and maximum limits of coverage of any insurance policy or proceeds available to the name insureds.

Section 25. STATUS OF OPERATOR

OPERATING AGREEMENT
CITY – TOUCHSTONE 28

(A) Survival. The provisions of this Section shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed to create an exclusive relationship between City and Operator. Operator may represent, perform services for, or be employed by such additional persons or companies as Operator sees fit.

(B) Independent Contractor.

(i) It is understood and agreed that Operator (including Operator’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Operator nor Operator’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Operator under the provisions of this Agreement, and Operator shall be issued a Form 1099 for its services hereunder. As an independent contractor, Operator hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Operator’s employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any services under this Agreement.

(ii) It is further understood and agreed by the parties hereto that Operator, in the performance of Operator’s obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished under this Agreement, but not as to the means, methods, or sequence used by Operator for accomplishing such results. To the extent that Operator obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Operator’s sole discretion based on the Operator’s determination that such use will promote Operator’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Operator use City facilities, equipment or support services or work in City locations in the performance of this Agreement.

(i) Operator shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City, in City’s sole and absolute discretion.

Operator agrees that the City shall have the right to approve any and all subcontractors and sub-Operators to be used by Operator in the performance of this Agreement before Operator contracts with or otherwise engages any such subcontractors or sub-Operators.

Operator may not, voluntarily or involuntarily, sell, convey, assign, transfer, hypothecate, pledge or otherwise dispose of (or agree to do any of the foregoing) all or any part of its interest, if any, in this Agreement, or any contractual rights or obligations related hereto (including any rights to receive payments from City) without the prior written consent of City, which consent may be granted or withheld in City's sole discretion. Any assignment by Operator without City's consent shall be considered an Event of Default and the assignment shall be of no force or effect. If Operator is a partnership, limited liability company or corporation, any cumulative transfer of more than fifty percent (50%) of the beneficial ownership interest shall require the City's consent. No transfer shall affect or alter the permitted uses of the Golf Course described in this Agreement.

OPERATING AGREEMENT
CITY – TOUCHSTONE 29

(ii) If, in the performance of this Agreement, any third persons are employed by Operator, such persons shall be entirely and exclusively under the direction, supervision, and control of Operator. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Operator. It is further understood and agreed that Operator shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Operator’s assigned personnel and subcontractors.

Section 26. SUCCESSORS AND ASSIGNS

(A) City and Operator each binds itself, its partners, successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other party in respect of all promises and agreements contained herein.

Section 27. CONFLICT OF INTEREST

(A) Generally. Operator covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City or that would in any way hinder Operator’s performance of services under this Agreement. Operator further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor, without the written consent of City. Operator agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.

(B) Conflict of Interest Code and Statements. The City’s Conflict of Interest Code requires that individuals who qualify as "consultants" under the Political Reform Act, California Government Code sections 87200 et seq., comply with the conflict-of-interest provisions of the Political Reform Act and the City’s Conflict of Interest Code, which generally prohibit individuals from making or participating in the making of decisions that will have a material financial effect on their economic interests. The term "consultant" generally includes individuals who make governmental decisions or who serve in a staff capacity.

(i) Conflict of Interest Statements. The individual(s) who will provide services or perform work pursuant to this Agreement are "consultants" within the meaning of the Political Reform Act and the City’s Conflict of Interest Code:

___X_ yes ____ no (check one)

(ii) If "yes" is checked by the City, Operator shall cause the following to occur within 30 days after execution of this Agreement:

(a) Identify the individuals who will provide services or perform work under this Agreement as "Operators"; and

(b) Cause these individuals to file with the City Clerk the assuming office statements of economic interests required by the City’s Conflict of Interest Code.

OPERATING AGREEMENT
CITY – TOUCHSTONE 30
(c) Thereafter, throughout the term of the Agreement, Operator shall cause these individuals to file with the City Clerk annual statements of economic interests, and "leaving office" statements of economic interests, as required by the City’s Conflict of Interest Code.

(d) The above statements of economic interests are public records subject to public disclosure under the California Public Records Act. The City may withhold all or a portion of any payment due under this Agreement until all required statements are filed.

Section 28. CONFIDENTIAL INFORMATION AND DISCLOSURE

(A) During performance of this Agreement, Operator may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as "City Information") that are valuable, special and unique assets of the City. Operator agrees to protect all City Information and treat it as strictly confidential, and further agrees that Operator shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of City. In addition, Operator shall comply with all City policies governing the use of the City network and technology systems. A violation by Operator of this Section 28 shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

Section 29. OWNERSHIP OF INFORMATION; INTELLECTUAL PROPERTY

(A) City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Operator pursuant to this Agreement. In this Agreement, the term "information" shall be construed to mean and include: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Operator shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

(B) Operator shall fully defend, indemnify and hold harmless City, its officers and employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Operator pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Operator not later than ten (10) days after City is served with any such claim, action, lawsuit or other proceeding, provided that City’s failure to provide such notice within such time period shall not relieve Operator of its obligations hereunder, which shall survive any termination or expiration of this Agreement.

(C) All proprietary and other information received from Operator by City, whether received in connection with Operator’s proposal, will be disclosed upon receipt of a request for disclosure,

OPERATING AGREEMENT
CITY – TOUCHSTONE 31
pursuant to the California Public Records Act; provided, however, that, if any information is set apart and clearly marked "trade secret" when it is provided to City, City shall give notice to Operator of any request for the disclosure of such information. Operator shall then have five (5) days from the date it receives such notice to enter into an agreement with the City, satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorneys’ fees) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. Operator shall have sole responsibility for defense of the actual "trade secret" designation of such information.

(D) The parties understand and agree that any failure by Operator to respond to the notice provided by City and/or to enter into an agreement with City, in accordance with the provisions of subsection c, above, shall constitute a complete waiver by Operator of any rights regarding the information designated "trade secret" by Operator, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

Section 30. WARRANTIES AND REPRESENTATIONS

(A) Operator hereby represents and warrants that in entering into this Agreement, Operator has not relied on any statements from City or any representative thereof and has conducted such due diligence and investigations as Operator deems appropriate before entering into this Agreement.

Section 31. LEGAL REQUIREMENTS

(A) Governing Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court in Sonoma County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court.

(B) Compliance with Laws.

(i) Operator agrees to perform, and require performance of all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) Legal requirements; (ii) Environmental Laws; (iii) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any regulations and guidelines issued pursuant to the ADA; and (iv) Labor Code sections 1720, et seq., which require prevailing wages (in accordance with DIR determinations at www.dir.ca.gov) be paid to any employee performing work covered by Labor Code sections 1720 et seq.

(ii) Operator shall pay to the City when due all business taxes payable by Operator under the provisions of Chapter 6-04 of the Santa Rosa City Code. The City may deduct any delinquent business taxes, and any penalties and interest added to the delinquent taxes, from its payments to Operator.

OPERATING AGREEMENT
CITY – TOUCHSTONE 32
(i) Operator agrees to apply for, obtain and maintain in full force and effect at Operator’s cost, all permits, licenses and authorizations required, whether by City or by any other governmental agency, that are necessary or appropriate for the management, operation, and maintenance of BVGC. All such permits and licenses (with the exception of business licenses or other licenses applicable solely to Operator) shall be the property of City.

(ii) The Operator shall obtain all necessary licenses and permits at Operator’s cost for the operation of the Pro Shop, Restaurant, and banquets rooms. An electronic copy of all permits and licenses shall be provided to the City within three business days of receipt.

(iii) Operator will immediately apply for a license from the Division of Alcohol and Beverage Control (ABC License) to sell alcohol sufficient to supply a full bar. The City will assist with the application for the ABC License, and has on-file with ABC a surrendered Liquor License that may be renewed but the Operator is responsible for managing the initial payment and annual renewal fees. Assuming the Type 47 License can be transferred, and the current holder completes their forms by July 7, 2021, the Operator will submit the appropriate forms to ABC by no later than July 15, 2022. If for whatever reason the license cannot be transferred the Operator will submit an application for a new Type 47 License no later than July 30, 2022. Operators must be eligible to obtain a liquor license to operate a full bar with a wide variety of liquor, beer, and wine.

(iv) City will manage the Bay Area Air Quality Control Management District permit for use of the fuel station in the maintenance yard. The Operator will provide maintain all other required permits and licenses to maintain and manage supplies necessary for all golf course maintenance and janitorial operations.

(D) Taxes

(i) Notice Regarding Property Taxes. City hereby notifies Operator, pursuant to California Revenue and Taxation Code § I 07 .6, that this Agreement may create a possessory interest which may be subject to property taxation. Operator shall timely pay all property taxes levied on said possessory interest.

(ii) Sales Taxes. Operator shall timely pay all sales taxes attributable to the operation of the Golf Course.

(iii) Employment Taxes and Other Benefits. Operator shall timely pay all taxes and impositions and all other benefits required by law and relating to Operator's employees.

Section 32. MISCELLANEOUS

(A) Entire Agreement. This Agreement contains the entire agreement between the parties. Any and all verbal or written agreements made prior to the date of this Agreement are superseded by this Agreement and shall have no further effect.

(B) Amendment. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by an authorized representative of that party.

OPERATING AGREEMENT
CITY – TOUCHSTONE 33

(C) Notice. Except as otherwise provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party, shall be in writing and may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail to:

To City:

Jen Santos, Parks Deputy Director
55 Stony Point Road
Santa Rosa, CA 95401
707-543-3781
[email protected]

To Operator:

Steve Harker
1052 Overlook Road
Berkeley, CA 94708
(510) 919-3017
[email protected]

(D) Discrimination Prohibited. With respect to the provision of services under this Agreement, Operator agrees not to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person.

(E) Waiver of Rights. Neither City acceptance of, or payment for, any service or performed by Operator, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

(F) Incorporation of Attachments and Exhibits. The attachments and exhibits to this Agreement are incorporated and made part of this Agreement, subject to terms and provisions herein contained. Exhibits attached hereto are for the purpose of defining the manner and scope of services to be provided by Operator and is not intended to, and shall not be construed so as to, modify or expand the terms, conditions or provisions contained in this Agreement. In the event of any conflict between this Agreement and any terms or conditions of any document prepared or provided by Operator and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefor, the terms of this Agreement shall control and prevail.

(G) Authority; Signatures Required For Corporations.

OPERATING AGREEMENT
CITY – TOUCHSTONE 34
(i) Operator hereby represents and warrants to City that it is (a) a duly organized and validly existing Limited Liability Company, formed and in good standing under the laws of the State of Delaware, (b) has the power and authority and the legal right to conduct the business in which it is currently engaged, and (c) has all requisite power and authority and the legal right to consummate the transactions contemplated in this Agreement.

Operator hereby further represents and warrants that this Agreement has been duly authorized, and when executed by the signatory or signatories listed below, shall constitute a valid agreement binding on Operator in accordance with the terms hereof.

(ii) If this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board, president or any vice-president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature.

(H) Counterparts And Electronic Signatures

(i) This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, pdf or City-approved electronic means have the same force and effect as the use of a manual signature. Both City and Operator wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement. The Parties agree that electronic signatures, by their respective signatories are intended to authenticate such signatures and to give rise to a valid, enforceable, and fully effective Agreement. The City reserves the right to reject any signature that cannot be positively verified by the City as an authentic electronic signature.

[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

///

OPERATING AGREEMENT
CITY – TOUCHSTONE 35

///

Executed as of the Effective Date.

OPERATOR:

TOUCHSTONE GOLF, LLC,
a Deleware Limited Liability Company

Signatures of Authorized Persons:

By: __________________

Print Name: Steve Harker

Title: CFO

By: __________________

Print Name:__Mark Luthman

Title: President

City of Santa Rosa Business Tax Cert. No.
06525590

__________________________________

CITY:

CITY OF SANTA ROSA
a Municipal Corporation

By:_________________________

Print Name:____Jason Nutt

Title: Assistant City Manager

APPROVED AS TO FORM:

____________________________
Office of the City Attorney

Attachments:

Attachment One - Insurance Requirements
Exhibit A – BVGC Facility Map
Stephen Harker (Jun 30, 2022 16:51 PDT)
Stephen Harker
Jessica Mullan (Jun 30, 2022 16:54 PDT)

OPERATING AGREEMENT
CITY – TOUCHSTONE 36
Exhibit B – Staffing Plan
Exhibit C – Business Plan
Exhibit D – Operations Plan
Exhibit E – Transition Plan
Exhibit F – Scope of Services
Exhibit G – Sirius Golf Study
Exhibit H – BVGC Irrigation Evaluation
Exhibit I – List of City owned FF&E
Exhibit J – List of City owned maintenance equipment

Page 1 of 3 ends

Attachment One to Professional Services Agreement
Form approved by the City Attorney 4-14-14

ATTACHMENT ONE

INSURANCE REQUIREMENTS FOR

GOLF COURSE AND RESTAURANT

A. Insurance Policies: Consultant shall, at all times during the terms of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and issued by insurers with AM Best ratings of no less than A-:VI or otherwise acceptable to the City.

Insurance

Minimum
Coverage Limits
Additional Coverage Requirements

1. Commercial
general liability
$ 3 million per
occurrence
Coverage must be at least as broad as ISO CG
00 01 and must include completed operations
coverage. If insurance applies separately to a
project/location, aggregate may be equal to per
occurrence amount.

Coverage may be met
by a combination of primary and umbrella
or excess insurance but umbrella and
excess shall provide coverage at least as
broad as specified for underlying coverage.

Coverage shall not exclude subsidence.

$ 5 million
aggregate

2. 3.

Business auto
coverage

Crime Insurance
$ 1 million ISO Form Number CA 00 01 covering any auto
(Code 1), or if Consultant has no owned autos,
hired, (Code 8) and non-owned autos (Code 9),
with limit no less than $ 1 million per accident
for bodily injury and property damage.

Insurance against e mployee theft or
dishonesty. May be satisfied by “3D ” Bond or
endorsement to Generaly Liability Policy.

$50,000

4. Professional liability
(E&O)

$ 1 million per
claim
Consultant shall provide on a policy form
appropriate to profession. If on a claims made
basis, Insurance must show coverage date
prior to start of work and it must be maintained
for three years after completion of work.

$ 1 million
aggregate

5. 6.

Workers’
compensation and
employer’s liability

Property Insurance
$ 1 million

$ Full Replacement
Cost of Contractor
As required by the State of California, with
Statutory Limits and Employer’s Liability
Insurance with limit of no less than $ 1 million
per accident for bodily injury or disease . The
Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor
of the City for all work performed by the
Consultant, its employees, agents and
subcontractors.

Against all ri sks of loss to any Contractor
improvements of bet terments – with no co -

Page 2 of 3 ends

Attachment One to Professional Services Agreement
Form approved by the City Attorney 4-14-14
Improvements

Replacement Costs
for Property stored
on Premises
insurance penalty provisions. City shall be
named Loss Payee.

Contractor must maintain property insurance
for inventory and other personal property
maintained on premises.

B. Endorsements:

1. All policies shall provide or be endorsed to provide that c overage shall not be canceled, except after prior written notice has been provided to the City in accordance with the policy provisions.

2. Liability, policies including crime, umbrella and excess policies shall provide or be endorsed to provide the following:
a. For any claims related to this project, Consultant’s insurance coverage shall be primary and any insurance or self-insurance maintained by City shall be excess of the Consultant’s insurance and shall not contribute with it; and,
b. The City of Santa Rosa, its off icers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used.

C. Verification of Coverage and Certificates of Insurance: Consultant shall furnish City with original certificates and endorsements effecting coverage required above.

Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the Agreement. The City reserves the right to require complete copies of all required policies and endorsements.

D. Other Insurance Provisions:

1. No policy required by this Agreement shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the indemnitees.

2. All insurance coverage amounts provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage. Defense costs must be paid in addition to coverage amounts.

3. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either Consultant or City.

Page 3 of 3 ends

Attachment One to Professional Services Agreement
Form approved by the City Attorney 4-14-14
Self-insured retentions above $10,000 must be approved by City . At City’s option, Consultant may be required to provide financial guarantees.

4. Sole Proprietors must provide a representation of their Workers’ Compensation Insurance exempt status.

5. City reserves the ri ght to modify these insurance requirements while this Agreement is in effect, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Bennet Valley Golf Course
Contractor Area of Responsibility
�\\
\
\
I •�• • '
.\ .
'
Legend
..,_,, '
,. -, --• Golf Course Boundary
• lrTigation Meters
" Electrical Connections
- Buildings_Total
'
'[t, "
' '
Exhibit A
Key Staffing Plan
The foll
owing is an organization chart for the Touchstone leadership team that will be responsible for the oversight of Bennett Valley Golf Course. Resumes for each individual are attached at the end of this response.

Pro
vide the total number of personnel to be assigned to perform the Scope of Services and describe the Consultant’s capacity to provide additional personnel as needed. Provide an organizational chart, including City staff, that the Consultant is proposing to fulfill the Scope of Services.

The following organization chart provides an overv iew of the management and organizational structure planned for the golf course facility itself. The total number of personnel is set forth in the Cost Proposal detailed staffing schedule.

Touchstone operates 9 other golf courses in the San Francisco Bay area and can tap these locations for staffing support as nec essary for the operation of Bennett Valley. It is important to note that Touchstone does not have a competing Santa Rosa general golf market location under management which allows Touchstone to fully focus on Bennett Valley without the conflicting interests other management firms may have.

Exhibit B

Identify key personnel who will be primarily responsible for working at the site and working with the City.

Indicate the job title, role, and responsibility of each individual. Specifically, identify the one key contact person responsible for all aspects of the golf course and restaurant management.

As noted above, Touchstone proposes established Santa Rosa Resident Greg Anderson as the General Manager of the Bennett Valley Golf Course. Greg’s resume is provided in the attachments to this proposal. In addition to his PGA Class A status, Mr. Anderson is a highly experienced golf course operator with over 25 years of professional experience. His intimate knowledge of the local golf market will be a significant plus to the operation of Bennett Valley and will facilitate a smooth transition. In addition to Mr. Anderson, Touchstone intends to retain longtime Superintendent Don Ballard and his staff. After playing the golf course recently, Touchstone executives deem the putting surfaces among the best they have seen at a public golf course venue. We also anticipate retaining the golf course staff that is committed to Touchstone’s strategy and operating philosophy and the City’s vision for the golf course and related amenities.

Identify any key personnel that are to be sub‐contracted, if any, and their qualifications. Describe the primary responsibilities for each sub‐consultants staff and the number of personnel. Indicate the job title, role, and responsibility of each individual.

Touchstone will not be sub‐contracting key personnel roles at Bennett Valley. However, we will tap internal Touchstone key staff members to assist with critical deliverables such as menu design, including Chef Dirks of the Presidio Golf Course in San Francisco; Chef Dirks’ bio is provided in the Resume section.

Provide the full name of each individual having any ownership interest in the Consultant’s business entity, including parent‐
company(s), if any.

The following is the ownership of Touchstone Golf, LLC:

Name & Title Ownership % Name & Title Ownership % Steve Harker, CEO 45% Mark Luthman, President 25% Doug Harker, Executive Vice President 21% Bob Bramlette, Secretary 9%

STEVE HARKER

EXPERIENCE

CHIEF EXECUTIVE OFFICER

PGA PROFESSIONAL

OTHER EXPERIENCE

EDUCATION

WORK EXPERIENCE

MARK LUTHMAN

PRESIDENT

EXPERIENCE

PROFILE

EDUCATION

OTHER EXPERIENCE

EDUCATION

WORK EXPERIENCE

STEVE ARGO

VICE PRESIDENT OF OPERATIONS

NORTHERN CALIFORNIA REGION

EXPERIENCE

OTHER EXPERIENCE

EDUCATION

WORK EXPERIENCE

ASHLEY VAN DISSEL

VICE PRESIDENT OF SALES &

MARKETING

EXPERIENCE

WORK EXPIERENCE

EDUCATION

OTHER EXPERIENCE

WORK EXPIERENCE

EDUCATION

OTHER EXPERIENCE

DOUG HARKER

EXECUTIVE VICE PRESIDENT

EXPERIENCE

WORK EXPIERENCE

EDUCATION

CAROL MCGRAIL

VICE PRESIDENT, CONTROLLER

EXPERIENCE

WORK EXPIERENCE

EDUCATION

KATE KEARNEY

DIRECTOR OF HUMAN RESOURCES

EXPERIENCE

GREG ANDERSON
5190 Newanga Ave • Santa Rosa, California • 95405
[email protected] • 707-696-1621
PGA professional with over 25 years of experience in all phases of golf operational and customer relations management, specializing in award-winning customer service, revenue building, creative marketing, asset management, and team leadership. Exceptionally skilled in VIP guest services with strong commitment to highest level of professionalism and customer satisfaction. Summary of career positions includes the following:

General Manager Director of Golf Head Professional
Valley of the Moon Club (Oakmont GC) Valley of the Moon Club (Oakmont GC) Oakmont Golf Club /gid00052/gid00064/gid00077/gid00083/gid00064/gid00001/gid00051/gid00078/gid00082/gid00064/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064/gid00001 /gid00052/gid00064/gid00077/gid00083/gid00064/gid00001/gid00051/gid00078/gid00082/gid00064/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064/gid00001 /gid00052/gid00064/gid00077/gid00083/gid00064/gid00001/gid00051/gid00078/gid00082/gid00064/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064 Princeville Resort Makai Course Braemar Country Club The Sea Ranch Golf Links /gid00049/gid00081/gid00072/gid00077/gid00066/gid00068/gid00085/gid00072/gid00075/gid00075/gid00068/gid00013/gid00001/gid00041/gid00064/gid00086/gid00064/gid00072/gid00072/gid00001 /gid00053/gid00064/gid00081/gid00089/gid00064/gid00077/gid00064/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064/gid00001 /gid00052/gid00068/gid00064/gid00001/gid00051/gid00064/gid00077/gid00066/gid00071/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064 Sunset Hills Country Club Kendall-Jackson Wine Estates Foxtail Golf Club /gid00053/gid00071/gid00078/gid00084/gid00082/gid00064/gid00077/gid00067/gid00001/gid00048/gid00064/gid00074/gid00082/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064/gid00001 /gid00052/gid00064/gid00077/gid00083/gid00064/gid00001/gid00051/gid00078/gid00082/gid00064/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064/gid00001 /gid00051/gid00078/gid00071/gid00077/gid00068/gid00081/gid00083/gid00001/gid00049/gid00064/gid00081/gid00074/gid00013/gid00001/gid00036/gid00064/gid00075/gid00072/gid00069/gid00078/gid00081/gid00077/gid00072/gid00064 • Managed spectacular 27-hole five-star Princeville Resort facility on north shore of Kauai; established procedure/ service standards for Golf Shop, Outside Services, Food and Beverage, and Maintenance departments • Directed golf operation at Braemar Country Club, servicing over 750 active golf members • Managed $4,600,000 operational budget, with SURÀWVRYHU at Sunset Hills Country Club • Recognized at five-star Princeville Resort as #2 in the World in Pro Shop Guest Service by /gid00036/gid00078/gid00077/gid00067/gid00166/gid00001/gid00047/gid00064/gid00082/gid00083/gid00001/gid00053/gid00081/gid00064/gid00085/gid00068/gid00075/gid00068/gid00081 • Prepared Oakmont Golf Club asset for eventual $4.8 million sale • Created and launched golf promotional concepts such as Nine, Wine and Dine, Charity Golf 101, Golf Club Demo Days, The Grand Slam Series, Winemaker Dinners, and Parent/Child Tournaments to increase facility exposure and sales • Monitored $700,000 in annual merchandise sales with a pro shop inventory of $200,000 • Developed GolfVino Tours, a unique golf and wine experience for executive clientele nationally recognized in /gid00039/gid00078/gid00081/gid00065/gid00068/gid00082, /gid00049/gid00040/gid00034, and /gid00040/gid00078/gid00075/gid00069/gid00086/gid00068/gid00068/gid00074 magazines • Set up and operated Greg Anderson Golf Academy, instructing over 1000 students per year • Chaired celebrity golf event for Willie Mays and his Say Hey Foundation • Designed and planned golf courses, vineyard developments, equestrian centers, and residential fractional ownership phases of two $150 million resort properties in California

EXECUTIVE SUMMARY

CAREER HIGHLIGHTS

PROFESSIONAL STATUS & EDUCATION
Class A-1 PGA Member
Bachelor of Business Administration
/gid00054/gid00077/gid00072/gid00085/gid00068/gid00081/gid00082/gid00072/gid00083/gid00088/gid00001/gid00078/gid00069/gid00001/gid00052/gid00064/gid00077/gid00001/gid00037/gid00072/gid00068/gid00070/gid00078 Level 1 Sommelier
Business Plan
Busine
ss Overview
Globa
l Objective:  Restore The Bennett Valley Golf Brand
The Be
nnett Valley Golf brand has suffered over recent years as deteriorating course conditions, lack of community engagement, a closed restaurant and a void in programming has marginalized the brand and weakened the golf course’s competitive position in a crowded public golf marketplace.  Under Touchstone management, the Bennett Valley Golf brand will be deve loped and restored to embrace:
1) Value.  Consistent, high quality golf course, restaurant and facility conditions that deliver exceptional value at affordable prices.  Based on our assessment there appears to be an opportunity to introduce a non‐resident rate to capture incremental revenue while keeping resident rates competitive. 2) Community.  A widely‐kno
wn reputation as "the center of the community" and the "place to play" spread among a broad array of programming and activities for all. 3) Service.  "Above and beyond" service creating a loyal base of golfers, guests and advocates.

Analysis of Competitive Golf Courses
We perf
ormed the following competitive market assessment for courses in the area.

Customer Analysis
See Key Bu
siness Driver “Define & Target Customer Segments”
Competitive Set Bennett Valley Valley of the Moon
(Oakmont)
Sugar Loaf
(Oakmont) Windsor Foxtail- North Foxtail- South Fairgrounds City Santa Rosa Santa Rosa Santa Rosa Windsor Rohnert Park Rohnert Park Santa Rosa Distance from Your Course 0 8.6 Miles 8.6 Miles 12 miles 8.9 Miles 8.9 Miles 2.8 Miles Type of Course Municipal-Public Dail y Fee ("DF") Executive Course Munici pal-Public Munici pal-Public Munici pal-Public Exec/Practice Annual Rounds
Number of Holes 18 18 18 (par 63) 18 18 18 9
Course Yardage 6527 6379 4293 6650 6851 6492 1500
18 Hole Weekend $45 (+$2 CapEx Fee) $59 $44 $66 $23
18 Hole Weekend with Cart $61 (+$2 CapEx Fee) $73 $58 $84 / $74 Resident $85 / $65 Resident $62 / $50 Resident N/A 18 hole Weekday $31 (+$2 CapEx Fee) $39 $29 $49 / $39 Resident $21 18 hole Weekday with Cart $45 (+$2 CapEx Fee) $53 $43 $67 / $57 Resident $65 / $51 Resident $54 / $44 Resident $21 Senior Weekday $26 (+$2 CapEx Fee) $29 N/A $39 $51 $44 $16 18 Hole Cart Fee (per rider) $16 $14 $14 $18/$14/$10 Rates include carts. Rates include carts $4 (Push cart) Annual Fee Membership Yes Yes Yes Yes Yes Yes
Players Club - Discounted Fees Discontinued Yes Yes
Primary Strengths
High quality clubhouse
with restaurant,
banquet, patio
Popular wedding
venue with ceremony
site and panoramic
views
Executive length is
only 4,293 yards long
Has played host to six
Nike Tour Events.

Good layout and
conditions
Low Fees - A lot of
discounting
Short course for
beginners and seniors
Quality greens Improving course
conditions
Great for seniors and
beginners
Very good course
conditions
Low priced wedding
packages
Easy greens to putt Inexpensive
Inexpensive Restaurant Inexxpensive Restaurant
Primary Weaknesses
Course does not drain
well in rainy season.

Dry spots in summer.

Located in the
retirement community of
Oakmont
Most golfers are looking
for a regulation length
Slow pace of play First tee is a long drive
from the clubhouse
Poor course conditions Poor course conditions
Restaurant and event
space are closed
Distant location Uninteresting layout Marginal service Limited F&B Terrible drainage during the rainy season
Uninteresting layout
Slow pace of play Limited flight range balls Inconvenient location No event space Exhibit C

Key Business Driver: Improve Golf Course Playing Conditions

Strategy: Working within the budget and equipment available, make an immediate and lasting impact on playing conditions of the golf course. Deploy agronomic practices and procedures that will create noticeably improved golf course conditions.

Tactics:
1) Comprehensive assessment of the golf course,
establishing a list of priorities and routines.
2) Analysis of all equipment condition, upgrading maintenance of all items to enhance their ability to produce a quality golf course product (e.g., greens mower reel sharpening) 3) Establishment of a year‐round maintenance calendar targeting frequencies and standards for all maintenance activities.
4) Significant investment in staff training and task descriptions such that attention to detail is a top priority in day to day execution of maintenance efforts. 5) Address “Quick Wins” including but not limited to adding sand to the bunkers, leveling tees, and improved placement of holes on greens.

Example:

Implementation
of a Maintenance Checklist with follow‐up evaluation is an important tool to be sure that maintenance routines are consistently applied to the golf course. An excerpt of such a checklist used by Touchstone is provided below. This would be customized with feedback from the Superintendent.

Key Business Drivers

Improve Golf Course
Playing Conditions

Define and Target Specific
Customer Segments

Create Destination
Dining & Events

Install Customer
Service Program

Deploy Comprehensive Sales
& Marketing Culture

Enhance Practice Facility
& Golf Instruction

Measurement:
1) Feedback from golfers, guests and the community (e.g., through survey system, social media reviews)
2) Increased rounds, revenue and golf course utilization 3) Before and after presentation to the City of Santa Rosa after 1 full year cycle of operations

Key Business Driver: Define and Target Specific Customer Segments

Strategy: Identify all existing and potential customer segments of the golf course and restaurant in order to align service offerings and programming for maximum result. Careful observation is required to capitalize on the pandemic demand impact including the latent/returning golfer and new/beginning golfer segments.

Tactics:
1) Segment our customers and potential customers to better define who they are, their wants and needs, then speak to those needs through programming.
2) Set‐up point of sale system to uniquely identify all customers in order to capture ongoing utilization of golf, non‐golf, food and beverage and other services – this information will serve to tailor communication, offers and benefits at the customer level. 3) Deploy surveys to improve segmentation process by identifying like groups of customers seeking various programs and services. Employ customer engagement program to connect with individual customers and deliver on customer needs and desires.

Example:

The following chart outlines a sample segmentation with programming examples to engage these segments, however it is not intended to identify all segments. Full segmentation will necessitate being on property, collecting survey data, examining point of sale transactional data, and analyzing tee sheet activity.

Measurement:
1) Growth in specific programs and events
2) Participation trends for all programs and events

3) Increased rounds, revenue and utilization of all facilities

Key Business Driver: Create Destination Dining & Events

Strategy: Leverage the existing physical space and attributes of the clubhouse to create a sustainable restaurant operation that serves golfers and non‐golfers alike. Become the “go to” location for events including weddings, celebrations of life, meetings and similar events.

Tactics:
(1) Define
the new Restaurant Brand. A new vision is required to create the excitement, trial, loyalty and advocacy. The restaurant should be the center of the community which brings people together. (2) Hire capable food and beverage leadership and staff that can execute a quality menu offering with a profitable bottom‐line.
(3) Address basic deferred maintenance of public spaces in the clubhouse to make the venue attractive and inviting.
(4) Heavily market dining at events at the venue through social media, local advertising and a strong word of mouth atmosphere by executing flawlessly on the initial wave of diners and events held at the facility.
(5) Create organic events and programs including wine tastings, outdoor music, movie nights and similar programming.

Example:

Touchstone operates multiple highly successful 7‐figure revenue destination dining and event centers at its golf courses, including our new Bunkers Tap Room in Golden that compliments The Vista banquet center,
Michael’s at Shoreline Golf Course in Mountain View, and our facilities at nearby Presidio in San Francisco.

At Touchstone we have seen a 20+% increase in rounds over prior year. As a company we seek to get ahead of the marketplace and the rapidly changing operating landscape driven in part by the pandemic. We surveyed over 7,000 customers to understand their wants and needs and found that the golfing customer was seeking:
 Opportunities to connect with their friends and family  A golf experience where they can feel comfortable and competent  A sense of belonging to a community
These findings drive us to speak directly to each of our customer segments by addressing their respective wants and needs in a manner that will inspire them to take action and increase their golf course patronage.

Measurement:
(1) Track volume of events held and level of participation of the community. (2) Survey diners regularly on their experience and closely monitor social media reviews such as provided through Yelp.
(3) Secret shop restaurant operations for service gaps and opportunities to improve training and staff development.

Key Business Driver: Install Customer Service Program

Strategy: Change the operating bias of the golf course to prioritize customer service and value guest feedback by deploying multiple methods to gather comments, ratings and evaluations. Demonstrate a commitment to valuing this information by responding to guests in a wide range of mediums including social media, changes to operating processes and programs, and direct engagement.

Tactics:
1) Implement core elements of Touchstone customer service program including FIRST and Take 5 to Shine.
2) Assign management to review all social media commentary and engage in responses and follow up. 3) Implement Players 1
st system to send all golfers a quick and easy survey after each round of golf.

Example:

The Players 1st Survey System is the leading survey platform in the golf course industry. A variety of components are available, but the primary evaluation is a survey sent immediately upon completion of a round of golf. This mobile friendly survey allows for near real time feedback for management’s attention.

Measurement:
1) Evaluate survey results ‐ review and act upon feedback 2) Measure trends in social media ratings
3) Measure volume of surveys by type and source

Key Business Driver: Deploy Comprehensive Sales & Marketing Culture

Strategy: Introduce Touchstone sales and marketing cultural practices to create an environment where every co‐worker is aware of the importance of driving sales to maximize golf course facility utilization.

Tactics:
1) Set up Reserve Customer Relationship Management (CRM) system to track all event prospective and
actual sales.
2) Configure POS system to maximize the collection of non‐private customer data, interests and unique characteristics.

3) Conduct weekly department head and monthly all co‐worker meetings to review property calendar, new programs, importance of full team engagement on marketing and sales.

Example:

The Reserve CRM system is an industry leading platform that allows for golf course management to manage contact information for all prospective and actual events. The system facilitates client contact, event planning and pricing, as well as contract fulfillment.

Measurement:
1) Overall sales volume for events
2) Participation rates in all programming
3) Level of community engagement and feedback

Key Business Driver: Enhance Practice Facility & Golf Instruction

Strategy: Improve practice amenities including hitting surfaces, ball quality and other amenities, introducing technology as the budget allows, to create a more welcoming and inclusive golf learning and practice environment. We believe the practice facilities can double their revenue level from roughly $300K today.

Tactics:
1) Develop programming to support golf practice facility utilization and teaching programs. 2) Introduce “FLEX” membership to allow for participation in group lesson programs. 3) Upgrade all aspects of the practice facility including ball quality and hitting surfaces.

Example:

Touchstone’s recent practice facility improvements and programming focus at DeBell Golf Course in Burbank, California has led to dramatic increases in sales and participations at the golf course’s practice facilities with revenues tracking 30% higher than prior year.

Measurement:
1) Participation in practice facility programming
2) Revenue trends for practice facility
3) Survey and social media results

Operations Plan
• Brief description of maintenance programs, as applicable, including tees, fairways, greens, bunkers, rough, restaurant concessions, pro shop area, driving range and other grounds.

To achieve the proper service levels and guest experience at the Bennett Valley Golf Course, a thoughtful, well‐executed plan relating to golf course maintenance and facility is re quired. Touchstone begins with the vision for the golf course and then works with the City and local golfers to define the necessary steps to turn the vision into reality. Thereafter, Touchstone utilizes a system to define ongoing tasks necessary and the corresponding labor so that the golf course vision an d quality is delivered on a consistent basis. Supplementing this approach is the regular management of a priority list of projects, created and maintained by the Superintendent and General Manager, and Touchstone executives, but again with regular input from the City of Santa Rosa and golfers and diners. These methods an d practices are designed to provide a consistent and lasting quality customer experience at each golf facility.

Maintenance Quality Standards
The maintenance practices included below are intended to be a general summary for the agronomic, horticultural, and recurring service practices of Touchstone’s golf course maintenance operations at Bennett Valley Gol f Course. The quality standards set forth below are intended to establish the frequency and method of routine maintenance and cultural practices, along with prescribing the level of amenity packages needed at a high quality public facility.

In order to meet the expectations for course conditions it will take the fu ll commitment and dedication from the superintendent and maintenance staff. Challenges involving tree and stump removal, irrigation and drainage that affect turf‐grass quality will take vigilant monitoring and immediate response to ensure that course conditions are not negatively affected. Touchstone would implement the following procedures:
 The Superintendent will po st a quarterly calendar displaying all activities that relate to turf management, cultural practices and improvement. These would include aeration, fertilization, herbicide applications, turf replacement and capital improvement projects. This plan will be reviewed directly by Mark Luthman. Once approved, the Superintendent will execute the plan and make changes as weather di ctates.  A monthly improvement plan will be developed by the Superintendent and reviewed by Mark Luthman (President), Steve Argo (Vice President of Operations) and the General Manager to assess if the golf course is meeting the plan or falling short of established goals. The Superintendent will be accountable for the ti
mely execution of this plan and any corrective actions.

Bennett Valley Golf Course Priorities
Maintenance priorities observed by Touchstone after a recent round of golf by our executives are as follows with the NGF Study an excellent starting reference point for addressing maintenance issues:

1. Continue to Execute on C ondition of Putting Surfaces. The putting green surfaces are among the best we have seen at a public golf venue. It is important this key strategic advantage be prioritized. In addition, training will be provided to staff on the placement of the holes to ensure they are fair to the golfers.

Exhibit D

2. Address Select Tees with Crowning. There are a number of tees that should be leveled. This work can likely be done in‐house in the normal course of business.

3. Drainage. As a relatively flat golf course, drainage should be addressed in a number of areas, starting with the 1st and 9th fairways. Drains will need to be placed to move the water off the fairways and roughs . Given how flat certain areas are, low water catch basins may need to be created to the side of some of the rough areas. In the future there is an opportunity to tie a portion of the drainage to an irrigation lake. .

4. Add Bunker Sand. Most of the bunkers have a relatively thin sand base and require another 2‐3 inches of sand. Prior to adding the sand, drains will be checked and cleared.

5. Water Sources. The overall goal should
be to eliminate pulling water from the creek and work towards utilizing the wells (including a planned new well) to fill a new irrigation lake and irrigate the golf course from that lake Assuming there is enough groundwater to support the golf course it is hard to understand why the current setup exists.

6. Waste Reduction & General Cleanup. Dead trees, stumps, branches, wood plies and other green waste need to be removed using “green waste bins”. It will not be allowed to just sit there or “pile up”. Once inspected by City Staff, obsolete equipment should be sent to the appropriate recycling outlet. A Waste Reduction Plan, that covers all areas of the operation will be developed to comply with the stewardship and sustainability goals of the City.

Minimum Maintenance Standards

Minimum Maintenance Standards create consistency and enhance the golfing experience. The goal is to provide the guest with a
great day of golf from the first tee to the eighteenth green. By meeting or exceeding the guest expectations with a consistently well maintained golf course and good turf coverage we will have provided the high quality value that the guests deserve. Minimum standards will be implemented at Bennett Valley with the input of the City using Touchstone’s standard template as a starting point.

• Brief description of Customer Service Standards.

Central to Touchstone’s operating philosophy across all departments we operate, and one of the most important components to providing guests with a memorable experience is ensuring that exceptional service is delivered consistently and effectively. Our approach is to listen to the customer, deliver service that exceeds our value proposition, and to follow‐up with the customer frequently to ensure consistency. Job descriptions and service standards will be established and communicated to every Co‐worker. Co‐worker and department head meetings will be used to reinforce and further develop the standards and provide training so that staff are involved in the creation and delivery of excellent service. Our strategy begins with a simple statement that must be embraced by every staff member from the range attendant to the head golf professional:

Understand and exceed our customer’s expectations
by providing the best possible golf & dining experience

From an employee’s first day on the job, we begin training with our fundamental service philosophy and standards. Regardless of an employee’s position or past experience, each member of our team is indoctrinated with our relentless pursuit of providing exceptional service to our guests. We continue to invest in training our employees through meetings, formal workshops, and web‐based training programs. We are proud to publicly recognize and celebrate the success of those who exceed the expectations of our guests with our Co‐worker of the Quarter awards.

We also utilize two programs designed to create and sustain excellent customer service. The FIRST Program is designed to bring the employees together under an umbrella operating philosophy. The acronym stands for:

Friendly Integrity Respect Stretch – Learn Teamwork General Managers can reward staff with $5 gift certificates to recognize an employee that has demonstrated one or more of these attributes that can be used in the golf shop or restaurant. A sample of the certificate is shown below.

The second program is “Take 5 to Shine” – this program encourages employees to demonstrate service at the “wow” level every week. The program is further identified in the following pamphlet shared with employees.

 At least one 5‐minute effort every week
 Do something extraordinary for a guest
 Goal is to elicit a “WOW” from the guest
 Examples:
 Offering to take a photo of a group struggling with a Selfie
 Helping a guest overloaded with food & drinks to their table
 Surprising guests with samples from the kitchen
 Offering to rake a bunker for a guest who just hit a shot  Helping a guest load or unload their golf clubs

We monitor our service delivery using two important tools:

Service Shops. In order to gain perspective from the eyes of the guest, we rely on frequent 3rd party “service shops.” Typically, these shops are conducted by an independent third‐party and provide valuable insight into the effectiveness of employee service training programs. Specifically, the service shop would be conducted in both the golf shop and dining outlets and measures the following:

Greeting the guest/answering the phone in courteous, friendly and professional manner; collection of accurate
information from the guest; effective communication of policies to the guest (cancellations, returns, etc.); timeliness of service delivery; physical condition of property, ambiance, cleanliness; product quality; cash handling.

Secret Shoppers. We also utilize secret shoppers as a valuable tool to assess the skills of the sales team members and learn from the experience we provide to our prospects. Training opportunities are often uncovered through the results of these sales shops. Specifically, the sales shop measures the following:

Promptness in returning telephone calls; proficiency in delivering value proposition; whether the correct probing questions are being asked to identify key buying criteria (customer needs); effectiveness in communicating the product features and benefits; ability to progress prospect along in sales cycle and closing tactics; effectiveness in up‐selling or providing appropriate alternatives; follow‐up with the customer and cultivating referrals.

Survey System

Touchstone utilizes an industry leading survey tool from Players 1st. The essence of the system is to email golfers after their round to get their feedback on their experience, including any desired follow up. The survey is smart phone friendly, simple to fill out and generates a “Net Promoter Score” along with useful feedback on the operations of the golf course. Additional details on this system are provided in the Business Plan portion of this response.

• Brief description on operating systems that are utilized to promote efficiencies, such as but not limited to, online tee time booking and transaction data.

1) Point of Sale/Online Booking/Marketing Engine Systems. Touchstone has experience with a wide
variety of point of sale and related online booking and marketing system engines including the existing system utilized at the golf course.
2) Tee Time Distribution Systems and Partners. Touchstone is a cautious user of tee time barter systems.

We carefully utilize select 3rd party tee time distribution channels such as GolfNow. To create a positive result from a 3rd party marketing channel, the golf course must offer the best price on its own online reservation system, build local club membership/loyalty programs and develop off‐peak group tournaments and special events. If required, a barter tee time must be positioned at an off‐peak time and be similar in price to promotional rate. Golfers who book a tee time on the 3rd party website will be provided an offer to join a course‐based club or loyalty program during the check‐in process. 3) Key Performance Indicator Systems. Touchstone utilizes a variety of proprietary analytical systems including our 3X monthly performance Scorecard and key performance indicator reports, and monthly Performance Analysis Report (“PAR”) that is paired with monthly financial statements.

• Brief description of staffing levels, pro shop operations, restaurant operations and relevant performance standards.

The following chart provides an overview of the staffing needs at Bennett Valley – the pro forma financial
information in the separate Cost Proposal has detailed information by position to support this schedule.

Position Summary of Qualifications Key Responsibilities Hours per
week –
Mar-Oct
Hours per
week - Nov-
Feb
General and Administrative Staff
General
Manager
10 plus years’ experience in a similar
capacity in the golf or hospitality
industry. Excellent business acumen,
communication and leadership.

Oversight of all staff of the golf
course. Day to day management of
the financial performance and
operating strategies at the facility.
50-55 50-55
Head Golf
Professional
5 plus years’ experience in a similar
capacity in the golf industry. Excellent
knowledge of the game and instruction.

PGA or LPGA credentials.

Oversight of the golf operations
including daily golf, tournaments,
driving range, carts and pro shop
merchandising
50-55 50-55
Director of
Sales
Previous hospitality sales experience,
preferably with golf tournament and
banquets. Website management.

Outgoing, sales-driven individual.

Tournament and Banquet or
Membership sales. Day to day
implementation of Touchstone’s
sales & marketing plan.
40-45 40-45
Golf Operations Staff
Golf Shop
Staff
Friendly, efficient, detail oriented, sales
ability
Guest check-in, merchandise sales,
member/loyalty sales 20-40 20-40
Golf Prof.

Staff PGA or LPGA Member or Apprentice Implementation of Player Development Program 20-40 20-40
Cart/Range
Staff Efficient, detail oriented, safe Cart staging, cleaning, detailing, range picking, mechanic 20-40 15-40
Player
Assistants To be staffed with Touchstone Golf Foundation volunteers Position Summary of Qualifications Key Responsibilities Hours per
week –
Mar-Oct
Hours per
week - Nov-
Feb
Golf Course Maintenance Staff
Super-
intendent
GCSAA Class A, 5 years minimum
experience in management Lead maintenance operations 50-55 50–55 Foreman or
Assistant 3 years previous golf course experience Lead staff and certain key aspects of maintenance plan 40-50 40-50
Mechanic Previous golf course mechanic
experience
Equipment repair and preventative
maintenance 40 40
Irrigation
Tech 3 years previous golf course experience Oversees the maintenance and repair of the irrigation system 40 40
Greens-
keeper 3 years previous golf course experience Top operator of equipment. 40 40 Maint. Staff Efficient, detail oriented, sa fe Standard maintenance staff 30-40 20-40 Food & Beverage Staff
F&B
Director
5 years minimum experience in food
and beverage. Lead Food & Beverage operations 50-55 50–55 Chef/Cooks Previous experience in restaurant
operation
All food preparation under Chef’s
guidance and instruction 20-40 15-40
Servers Experience serving guests. High touch
service personnel
Customer interfacing for orders and
delivery of meals 20-40 15-40
Bartenders Experience with serving alcohol. High
touch service personnel. Often combined with server duties. 20-40 15-40

• Brief description of marketing and promotional plans for youth and adults, including those traditionally disadvantaged economically or socially.

Touchstone, working with input from the City of Santa Rosa, will develop and execute a dynamic marketing plan to effectively position, market, and promote the Bennett Valley Golf Course. As a starting point we will
address the following key strategic components:

 Establish the Marketing Approach – “Brand Building”
 Understanding and Developing Target Guest Segments
 Leveraging Social Media

Establish the Marketing Approach – “Brand Building”

To begin creating and optimizing a brand, our first priority will be to improve the quality of the golf course, introduce food and beverage options and enhance the service experience – these elements will improve the guest’s value perception of the property. By laying this important groundwork, we can then focus on creating awareness and interest, providing the right experience, and then building loyalty with guests that creates advocates. Advocates are the critical long term link for the success of any golf course. The following diagram demonstrates the framework of the process to build the brand.

Understand and Develop Target Guest Segments

Upon commencement of our management engagement, we work to identify existing and potential guest segments. These segments typically include regular golfers (local club members), infrequent golfers, potential
golfers, youth including youth in need, and diners of which there are also several sub‐segments. Within each segment there are opportunities to grow the segment by understanding their needs and how the golf course can address those needs.

Once these segments have been identified and analyzed, we develop marketing programs, including loyalty/affinity options, to deepen the relationship and utilization of the golf course and its amenities. Our analysis involves developing a competitive market analysis so that marketing efforts, as well as pricing decisions, are tailored to position the golf course to succeed within the market.

Email Databases

Touchstone advocates course‐based, proprietary email marketing and has significantly improved its email database at its public venues through a variety of email collection techniques while complying with opt‐out rules. A venue of this size under Touchstone management should have an email database of 25,000 plus active emails. It is important that the email database have segmentation characteristics so specific promotions can be efficiently communicated to groups with related interests.

The Demand Factor from the Pandemic

Not to be ignored is the recent surge in golf demand resulting from the pandemic, as people seek safe, outdoor recreation alternatives. Many of these individuals are brand new to the game of golf or have decided to make golf a more regular part of their recreation activities. In either case, sustaining the ongoing participation of these individuals and the revenue associated therewith is a critical part of any current marketing effort.

Touchstone has created a monthly report, prepared by our properties three times each month, to report on “Customer Engagement” activities taking place at the golf course. This information is compiled for the

property, as well as all other Touchstone properties, and circulated across the company’s platform. This distribution fosters communication of best practices and opportunities to maximize the connection with our customers. Touchstone also runs promotional contests among its properties for goals such as number of 15 minute pro lessons in a month, email database growth and property tours.

Leveraging Social Media

The past decade has seen the proliferation of technology for communicating with golfers and promoting tee time availability. The same can be said for the restaurant industry. Technology must be managed and used in a disciplined manner to assure maximizing the average green fee rate. We will enhance social media methods, search engine optimization, and further expand the use of technology to grow facility income and increase guest satisfaction. Touchstone has performed our standard assessment of the existing the golf course’s existing social media presence. A summary of that assessment with recommendations is found below:

Customer Engagement Tracking Course Name: Month:

Definitions 15 Minute Pro
Sessions
Tips & Tricks
Videos
GM/Sup/Chef
Tours
Membership/Handi‐
cap Responses League Invites Invite to Tournament
/Social Events
Range Events
/Happy Hours
Creative
Other Ideas Definitions Facebook
Posts
Instagram
Posts
Email
Blasts
# Reached (# of
Phone Calls or
Emails Sent)
‐                      ‐                    ‐                           ‐            6,814                        ‐            6,878                 ‐    # of Posts or Emails               4                1                2 # Responded
(Answered
Phone, Email or
Signed Up)
‐                      ‐                    ‐                           ‐                    4                        96                4                 ‐ People
Reached
or Email
Views
374              10      13,692
Notes / Success
Stories
Blue Rock Mar
Direct Engagement Social
Days 1‐10
We have a Taylor Made demo day coming up next month, our first email has received 4 signups already.  The Operation‐36 program is kicking off for the season with a strong 14 students, which doesn't include the 6 students registered for the advanced academy. Our creative event for March is the Leprechaun Open and we solid out quickly with 96 people!

• Brief description for providing golf lessons and golf carts.

We propose to create a Golf Learning Center that will restore the junior golf club/camps, including youths in need and increase golf lessons for beginners and more advanced players. The below information focuses on our experience and a variety of programs we use at our golf courses. The program for Bennett Valley will be customized to best serve the community.

Junior Golf

Touchstone will target the area’s junior golf market and encourage participation in programs and activities geared for young golfers. Our objective will be to broaden the golf facility’s reach into the market and bring more young people into the game. We will also recommend a Junior Club Membership with features such as low or no‐cost instruction and access to the practice facility and golf course for nominal fees.

An after‐school program for youth in need or at risk is also worth consideration, to include a series of instructional and learn‐to‐play programs modeled after the non‐profit Ace Foundation’s Ace Kids Golf program (www.acekidsgolf.com). We will enlist volunteers from our Touchstone Golf Foundation to help run and raise funds for this program.

Touchstone leverages defined and productive introductory and intermediate level golf programs sponsored by national organizations such as the programs below. We will evaluate the best fits for the Bennett Valley Golf Course and build the introduction to golf program for youth around this framework.

Not all juniors will seek to
develop their games to a competitive level. However, it is important that the golf course have programs and capabilities to facilitate a junior golfer’s development.

Touchstone will maintain instructional talent able to fulfill a junior golfer’s level of potential.

Adult Programs

Touchstone deploys a number of introductory golf programs for adults in addition to creating in‐house programs tailored to making adult golfers comfortable learning the game. Among the programs we deploy are the following:

Touchstone was selected to pilot the new National Golf Foundation “Welcome2Golf” program that was designed to get new players to the game comfortable with all facets of playing golf, not just playing ability.

We successfully rolled this out at our Applewood facility recently with great success. More details of the program deployed are found below.

Our golf instruction programs always include player development programs designed for adult golfers seeking to advance their game coupled with advanced individual lesson capabilities. An example of a player development program is found below and such a program will be tailored to the needs of the Bennett Valley Golf Course. A sample is shown below.

Providing golf carts is a standard operational component of our management including regular maintenance of the fleet to eliminate any downtime.

• Brief description of programming ideas and innovative operating concepts for both golf and the restaurant.

Golf Tournament and Non‐Golf Event Marketing
Increasing golf tournaments and non‐
golf events will be a cornerstone in improving the long‐term profitability of the Bennett Valley Golf Course operation. It is important that such events are actively solicited, renewed, and priced properly. Equally important is the need to schedule such events to complement the revenue stream rather than erode critical individual round revenue. For example, weekend tournaments are best held in the late morning to fill times that are of less demand and protect high demand times that can be filled by residents, course members and visitors. Since most charity events seek the lowest possible cost in order to raise the most money, generally such events can be channeled to off‐peak times (e.g., Weekday afternoons).

Competitive events are also very desirable given the quality of the golf course including NCGA, USGA and State qualifiers along with local men’s, women’s, senior’s and junior golf events.

The food and beverage element for events
is key to the long‐term success of the Bennett Valley Golf Course operation. It is Touchstone’s understanding that the restaurant venue has been closed for over 2 years.

Banquet capabilities are essential to support food and beverage services for golf tournaments, but the upside is in building capabilities that serve a broad and varied type of events that extend well beyond golf‐related activities. The following matrix provides an example of the scope of events to be pursued at Bennett Valley:

A sample of two possible event communications along with a sample calendar are shown below.

Community Events

The Touchstone senior leadership team are highly experienced in customer and public outreach efforts.

Specifically for the Bennett Valley Golf Course, Steve Argo, VP of Operations for this region will be involved in setting the expectations and execution for community outreach for the property, working closely with the General Manager of the property and Touchstone’s head of Marketing, Ashley van Dissel.

The following are examples of how Touchstone Golf leverages a community golf course asset to provide activities for a wide range of non‐golf activities.

• Outline a plan for operations, management, and maintenance of the entire golf course, driving range, pro shop, maintenance buildings, all other golf course buildings, restaurant building, restaurant furnishings, golf course maintenance equipment, restaurant maintenance equipment parking lots, and material yard.

Touchstone deploys four critical functions in maintaining our facilities and equipment. The graphic below summarizes these components and full details of each is available upon request.

We note that certain improvements are needed to the restaurant. In addition to the exterior landscape issues Touchstone will pay for, there are a number of interior items that need to be addressed including but not limited to the replacement of the floor in the walk‐in cooler, drainage in the dishwash area and eventually the replacement of the carpet.

• The operating plan will be considered draft and may be further refined upon notification to the Consultant that their proposal will be recommended for Council approval. Any modification of the operating plan may not
reduce the expectations of the Scope of Services and the RFP and may not increase direct or indirect costs to the city unless requested by the City. Therefore, the operating plan is considered draft but must be comprehensive and inclusive.

Touchstone acknowledges and agrees with the City’s statement above.

Transition Plan
Tou
chstone Golf will meet the City’s transition schedule outlined below. • Kick off meeting 1‐3 days following Council approval
• Implement transition plan 2 weeks following Council approval • First day of golf operation Minimum of three days following June 30, 2022 • First day of restaurant operation Minimum of 15 da ys following June 30, 2022 Our standard Transition Checklist contains over 100 action items, assigns tasks to individuals and sets deadlines for completion. Touchstone’s approach is to take the time to meet with City of Santa Rosa representatives, select customer groups, associations, leagues and other stakeholders that support the golf course well in ad
vance of going live as the new management company; this process creates goodwill, shows the management company cares about the property and its clientele and sets the stage for effective communication at the start of the relationship.

Touchstone is adept at transitioning employees in a thoughtful fashion pro viding a comprehensive orientation meeting in advance of or shortly after assumption of management. As employees of Touchstone Golf, fulltime staff members would be eligible for benefits including medical, dental, vision, vacation and 401(k) programs.

Each course we transition is assigned a transition management team that provides training, installation of pol
icies and procedures and serving as the ‘go‐to’ resource for the property and its guests.

A summary of our process is provided on the following page.

The Presidio Go
lf Course ‐ 2016 California Course of the Year
Exhibit E

Key Activities Milestones
Prior to
Transition
First 90
Days
2nd & 3rd
Quarters
4th Quarter
Goals & Anticipated Results
Communication
Bi‐weekly meeting or conference call
with City of Santa Rosa designees. Address issues and opportunities to ensure the
success of the transition.

Multiple meetings with local golfers
and clubs to understand and integrate
their priorities into the operating plan.

Interviews Meet with other golf course and
community stakeholders. Learn from stakeholders their issues and expectations.

Introduce
current staff to
Touchstone
Work with current operator to arrange
Touchstone introduction and
communicate process to apply.

Identification of staff that will
transition over to achieve new
vision under Touchstone.

Transition
Checklist
Present Touchstone’s detailed
transition checklist to City of Santa
Rosa.

Ensure all transition issues are
handled.

Guest Survey
Conduct comprehensive guest survey
as a part of the business planning
process by date to be determined.

Ensure we understand our
guests and their issues and
needs.

Business Plan

The plan will include a financial budget
for each department, marketing plan,
operational (service) plan,
Projects/CapEx and calendar of events.

The milestone for this will be a
presentation of the plan to the City of
Santa Rosa Staff for feedback by a date
to be determined.

The result will be a plan that
will set the direction and
activities necessary to achieve
success.

Customize
Training Program
In addition to service and operations
training program customize all
standards/checklists for staff. Finalize
new co‐worker orientation.

Well trained/recognized staff
and feedback from our guests.

Pace of Play Customize Pace of Play program to
ensure rounds do not exceed 4 ½ hours. 4 ½ hour maximum pace.

Recruit Staff Utilize web‐based tools & network. Quality staffing from Day 1.

Open House For club members and local residents
before transition date. Start to build relationships.

Department
Head Meetings
Weekly meetings to discuss issues,
opportunities, and upcoming events.

Teamwork, well run property
and events.

Ongoing training.

Orientation
Schedule and train all staff members in
accordance with Touchstone standards Well trained staff.

Advanced
Training
Staff to be developed for exceptional
service and improvement in sales.

Excellent service, ongoing for
new hires.

Course co‐
worker meeting
Quarterly “All Staff Meeting”. Address
safety, HR, and marketing initiatives.

Gain feedback from staff and
address issues.

Cash Audit
Review quarterly “secret shoppers
report”. Conduct a minimum of one tee
sheet and cash audit a month.

Ensure co‐workers are
recording all the revenue and
providing the right service.

Scope of Services
Touchstone Golf is in concurrence with the Scope of Services document provided by the City with the following observations noted.

Touchstone’s expectations for the City of Santa Rosa are:
 Regular communication and engagement with Touchstone as opportunities and obstacles are identified.
 Engagement with Touchstone on the deplo yment of capital as Touchstone can guide the City on minimizing costs and getting the most return for each potential investment.  Ability to engage with all potential strategic partners within the City to make the golf course as much of a community asset as possible (e.g., Parks & Recreation, Tourism, Disadvantaged Population).

15. Utilities, Refuse Service,
and Repair
All requirements in this section conform with Touchstone Golf's standard of operations and we commit to fulfill them without exception. We would like to request that the deduction from Touchstone's incentive as it relates to electricity be based on utilization of electricity vs. the invoice which might be impacted by hi
gher rates that Touchstone cannot control; further, we ask that allowances be made for what is anticipated to be a much more highly utilized food and beverage/banquet operation.

16. Golf and Restaurant
Capital Improvements
Touchstone can assist the City in prioritizing and evaluating capital improvement projects that will have the most impact on the venue at the lowest possible investment.

29. Existing Operator
Owned or Leased
Equipment and Materials
Touchstone can work with the City to acquire assets that make sense at a fair value and can otherwise provide it's national pricing with major golf vendors to replace and/or upgrade these items as necessary.

30. Accountability and
Incentives
Touchstone has provided a reference in th e Cost Proposal to incentive options.

Exhibit F
Review and Evaluation of
Bennett Valley Golf Course

BENNETT VALLEY
Golf• Legends Sports Grill • Evena
For
Recreation & Parks Department
(� Cicyof
� Santa Rosa
, California
Presented to:

John Stinson
Recreation & Parks Department
City of Santa Rosa
Presented by
Sirius Golf Advisors ,uc
1 1You want the best ... Get Sirius!11
Jacksonville, Florida * Dallas, Texas * Pinehurst, North Carolina March, 2013
Exhibit G

Final Report of Findings
for the
Bennett Valley Golf Course,
Irrigation System
Evaluation Project
Prepared by:

David Bigler Associates
Golf Course Irrigation Consultant
& Landscape Architect
516 W. Shaw Avenue, Suite 101
Fresno, California 93704
Tel (559) 276-9495
Fax (559) 276-9497
Email [email protected]
for submittal to
Mr. David Long
Brelje & Race, Consulting Civil Engineers
May 12, 2014
Exhibit H

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 i Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

TABLE OF CONTENTS

Section Description Page

1.0 Irrigation System Overview 01

2.0 Golf Course Water Source Analysis 04

3.0 Pumping System and Electrical Service Evaluation 06

4.0 Hydraulic Analysis 07

5.0 Sprinkler Spaci ng & Coverage Evaluation 10

6.0 Irrigation E quipment Evaluation 12

7.0 Irrigation Improvement Options 15

Appendix A: Deep Well Technical Memorandum A-1

Appendix B: Existin g Deep Well Locations B-1

Appendix C: Historical Well Data C-1

Appendix D: South Well Discharge Head Photo D-1

Appendix E: Cost Estimate Documents E-1

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 1 Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

1.0 Irrigation System Overview

The Bennett Valley Golf Course is located in the rural area outside the downtown area of Santa Rosa. This location provides a rural setting with gently rolling terrain that provides many different challenges for the golfing public. The golf course irrigation system lacks the improvements and features required to provide the maintenance staff with the management tools needed to maintain the golf course in top condition in an efficient manner.

A. Historical Summary: The existing irrigation system is a combination of the initial irrigation system installation and subsequent upgrades that have been completed. The original system was installed in 1969 with transite mainline pipe (asbestos cement pipe) and a “block style” system consisting of remote control valves and laterals with 75 ft to 90 ft sprinkler spacing’s. The original irrigation system also featured Griswold Electro-Mechanical controllers for automatic operation, Griswold brass remote control valves and Buckner brass impact sprinklers.

This type of irrigation system was fairly typical for the era of construction (1960’s) and was common in northern California, Oregon and Washington where irrigation systems are supplemented by rainfall during the irrigation season. Daytime watering and dry roughs were tolerated in the past.

In subsequent projects, the irrigation system has received targeted upgrades.

The majority of the original system remains intact with the exception of the following improvements:

1) The original Buckner brass impac t sprinklers were upgraded to the existing Toro plastic gear drive sprinklers in the late 1970’s. 2) New irrigation controllers were insta lled to replace the original Griswold controllers. This was completed in the 1990’s when the greens were rebuilt.
3) The greens were upgraded to valve in head (VIH) sprinklers during an eight year project in the 1990’s when the greens were rebuilt. The irrigation controller replacement happened during this same period of time as part of rebuilding the greens.

B. Water Source Summary: The current golf course irrigation water source is a pair of deep well pumps located on the golf course. The following comments have been identified regarding the existing water source:

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 2 Irrigation Evaluation Report 1) Currently the two deep wells pump water into a small basin which discharges into a seasonal creek with a head gate so that water can be stored for the golf course irrigation system. The irrigation booster pump has an estimated capacity of 1,200 gpm and appears to be reaching the end of its useful life. The two supply wells have an estimated capacity (North – 536 gpm / South 413 gpm) of 950 gpm. Therefore, the creek does provide necessary storage for the irrigation system as the irrigation booster pump capacity exceeds the deep well capacity.

2) Back Up Water Source – there is no reliable backup water source for the irrigation system. In the event of a failure with one of the deep wells or pumping system (which happens from time to time), maintenance personnel would have the water supply cut in half and be forced to water in daytime hours to prevent infrastructure loss.

If a failure were to happen during the summer months, depending on the time duration of the failure, a loss of putting greens, tees, turf and trees may result.

C. Irrigation System Control Summary: The existing system uses remote control valves with five to six sprinklers operating on each valve. The sprinklers are seventy five to ninety five feet apart, so one valve can operate sprinklers spread over 400 feet or more. This introduces shade and sun problems.

Areas in sunny areas require more water than areas in the shade. To keep the sunny areas green, shady areas are often too wet causing playability problems. This type of system is called a “block system”. Conversion to a “Valve in Head” system would increase the ability of maintenance personnel to customize the watering of smaller areas eliminating wet and dry spots on the golf course and save water too.

D. Sprinkler Spacing & Equipment Summary: Sprinkler spacing is one of the major problems on the golf course. Generally the fairway block sprinklers run across two fairways. The putting greens have been retro fit with valve in head sprinklers over the last several years with a more reasonable sixty to sixty five foot spacing. The large golf rotors capable of throwing water 75 feet to ninety feet generally require a recommended water pressure of 90 – 100 psi, but recorded water pressures during the field work in many areas were well below this recommended water pressure. Pressures as low as 59 – 60 psi were recorded and pressures of 65 – 75 psi were common. The older existing sprinklers are reaching the end of their useful life. Failure rates will continue to rise in the near future causing the sprinklers to be replaced which results in mismatched equipment resulting in poor efficiencies.

E. Water Window & Mainline Piping Summary: The existing mainline pipes remain from the 1969 and are transite or asbestos cement pipe. There are relatively few mainline failures and the pipe size appears to be reasonable in most areas for the pump station capacity (1,200 gpm), which is probably why they are holding up pretty well. However, the mainline pipes were installed in

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 3 Irrigation Evaluation Report 1969 and are over 40 years old and are reaching the end of their useful life.

In addition, the mainline pipes are undersized to have the capability to water the golf course during the night time hours. Currently some day time watering is required, because the existing pump station and mainline pipes do not have the capacity to water the golf course at night.

F. Irrigation Controllers and El ectrical Power Supply Summary: The original electro mechanical Griswold controllers have been replaced with electronic Irritrol MC controllers. This controller is a good commercial grade controller, but not intended for a golf course application. There are currently 19 Irritrol MC controllers for the golf course. Programming is a time consuming and laborious chore. Also, most of these controllers have been installed inside the old Griswold enclosures which are rusting and falling into disrepair. A new central computer control system would help save water and labor and can often result in a 20% - 30% water savings immediately by adjusting the irrigation runtimes daily to reflect the actual weather conditions (active weather control).

G. Irrigation Improvement Summary: The critical aspects of the golf course irrigation system are the aging but stable mainline pipe system (that is undersized for night time watering), block system which limits control capabilities and the existing sprinkler spacings that often exceed ninety feet (90 ft) and some were measured at one hundred ten feet (110 ft) apart! Recommended sprinkler spacings would not exceed sixty five (65 ft) feet.

The combination of these items would indicate that a new irrigation system should be considered or major renovations to achieve a long term solution.

Other remedies are also possible, but yielding significantly shorter term solutions.

However, this irrigation system was never intended, nor does it have the capability to support a “wall to wall” finely manicured golf course throughout the growing season. The system is not capable of supplying the quantity of water required within the prescribed water window. Our office is extremely impressed with the amount and quality of turf the maintenance staff is able to produce with the tools (irrigation system) they have to work with.

The golf course property consists of 120 acres and has 90 - 100 acres of irrigated maintained turf. Of that several holes are links style with double or triple row irrigation surrounded by natural areas.

The irrigation system is in need of work as many components are beginning to reach the end of their useful life. This report details the strengths and weaknesses of the many components that comprise the irrigation system, with recommendations for future improvements.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 4 Irrigation Evaluation Report

2.0 Golf Course Water Source Analysis

A. Primary Golf Course Water Source: The current golf course irrigation water source is a pair of deep well pumps located on the golf course.

Brelje & Race, Consulting Civil Engineer prepared a detailed Technical Memorandum regarding the existing deep wells dated January 6, 2012.

This document is contained in Appendix A of this report.

The two deep wells are located adjacent to one another (50 ft apart) between the 9th and 10th holes and are referred to as the “north well” and “south well”, respectively. Currently the two deep wells pump water into a small basin which discharges into a seasonal creek with a head gate so that water can be stored for the golf course irrigation system.

The irrigation booster pump has an estimated capacity of 1,200 gpm, but typically has an average demand of 950 – 1,050 gpm and appears to be reaching the end of its useful life. The irrigation booster pump typically operates between 8:00 pm to 6:00 am during the peak summer months (10 hrs).

The two supply wells have a maximum estimated capacity (North – 536 gpm / South 413 gpm) of 950 gpm. The deep water well pumps typically operate between 5:00 pm to 3:00 am during the peak summer months (10 hrs).

Currently the seasonal creek is being utilized as a pass through to allow the deep water wells to operate the same time as the irrigation booster pump station. However, the creek does provide necessary storage for the irrigation system as the irrigation booster pump capacity exceeds the deep well capacity and could be used in the future to shorten the irrigation water window. Also, the creek provides valuable water quality enhancement by allowing suspended solids to settle out prior to entering the irrigation system.

The irrigation water window (8 hrs maximum) is already too long and it would be desirable to add additional booster pump capacity to shorten the existing irrigation water window, which would require additional water storage to account for a larger difference between the irrigation booster pump capacity and the deep well pumping capacity.

B. Water Quality (Summary): Currently, water quality appears to be acceptable for irrigation water and no apparent problems were noted. No water testing was completed or previous water test results evaluated during this project. If problems arise in the future, it is recommended to test the well water for evaluation.

C. Emergency Back Up Golf Course Water Source: Currently, a reliable emergency back up water source could not be identified. In the event of a

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 5 Irrigation Evaluation Report failure with the primary wells or booster pumping system, maintenance personnel would be unable to provide adequate water for the golf course.

If a failure were to happen during the summer months, depending on the time and duration of the failure, a loss of putting greens, tees, turf and trees may result.

There is one level of redundancy that exists with each of the water delivery components. 1) Deep Wells: there are two deep wells and it would be unlikely both would fail at the same time. If one fails, then the water window could be doubled (20 hrs) for a short time until repairs can be made. 2) Booster Pump: there are two 40 hp pumps and it would be unlikely both would fail at the same time. If one fails, then the water window could be doubled (20 hrs) for a short time until repairs can be made. This is not a desirable level of redundancy but falls within the “better than nothing” category.

It is recommended to identify potential water sources to serve as an emergency backup water source in the event of a failure. A third deep well could be drilled and developed to increase supply and serve as a backup water source. An adjacent potable water source (fire hydrant) could serve as a temporary water source, however to utilize this water, improvements would need to be installed to access and store the water in the event of an emergency.

D. Fire Protection: Fire protection of the golf course structures was not evaluated during this project. However, it is recommended for the local Fire Department to evaluate the existing fire protection infrastructure as planned irrigation improvements can often be designed to help bolster fire protection infrastructure should it be found to be deficient.

E. Water Storage: The only existing water storage facility on the golf course is the existing seasonal creek. During the irrigation season, a sliding gate structure is used to retain water to provide a flooded inlet for the irrigation booster pump station. Due to the irregular size and shape and heavy brush it is difficult to estimate the water storage capacity of the seasonal creek area. The sliding gate structure leaks and the area is not lined so additional water losses result from percolation and evaporation.

Currently the seasonal creek is being effectively used as a pass-through with limited draw down storage for the irrigation system, but it does serve some important water quality enhancement by helping to settle out unwanted suspended solids produced by the deep wells before entering the irrigation system.

The City desires to take the seasonal creek out of use for environmental reasons. However, it is recommended to have a water storage facility for the irrigation system in the future for the same reasons. Water storage facilities can add to the aesthetic value to the golf course and provide an

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 6 Irrigation Evaluation Report important buffer in the event of a well failure or other event preventing the temporary access to irrigation water. If environmental reasons preclude the development of an irrigation lake, then a water storage tank could be used to realize some of the benefits of a water storage facility on a smaller scale. It is recommended to develop water storage facility in the future improvement plans for the golf course.

3.0 Pumping System and Electrical Service Evaluation

A. Golf Course Irrigation Deep Well Pumps: The current golf course irrigation water source is a pair of deep well pumps located on the golf course. Brelje & Race, Consulting Civil Engineer prepared a detailed Technical Memorandum regarding the existing deep wells dated January 6, 2012. This document is contained in Appendix A of this report.

B. Golf Course Irrigation Booster Pump: The existing irrigation booster pump consists of two (2) 40 hp vertical turbine pumps, each installed in a thirty inch (30”) diameter steel pipe wet well with inlet flume pipes to the nearby seasonal creek. Each pump is rated for 600 gpm flow rate at 90 psi discharge pressure. The combined pump station performance is estimated to be 1,200 gpm with a 90 psi discharge pressure.

Pumps are model #10RL, VertiLine Pumps with serial numbers #D24986A and #D24986B. Each pump has a dedicated welded steel screen filter manufactured by Mikes Welding Irrigation Equipment MFG, Escalon, CA, model #1005 with serial numbers #1996 and #2108. The pump station appears to be from the original installation in 1969, but has had periodic repairs made over time. The booster pump station is reaching the end of its useful life as corrosion and rust are visually evident with the major pump station components.

C. Electrical Service Evaluation:

1) Irrigation Booster Pump: The electrical service for the irrigation booster pump station appears to be adequate, but shows signs of rust and corrosion. The weather stripping is missing and there are open penetrations on the electrical panel. Maintenance is required to remove corrosion and repaint the panel, seal all open holes and reinstall weather stripping to comply with current NEC codes. Pump #2 On / Off selector handle is broken and needs to be repaired.

2) Deep Well Pumps: The electrical service for the deep well pumps appears to be adequate, but shows signs of rust and corrosion. The weather stripping is missing and there are open penetrations on the electrical panel. There is one broken conduit and the panel door locking mechanism is broken and the panel does not fully close and seal. Maintenance is required to clean the panel and remove corrosion

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 7 Irrigation Evaluation Report and repaint the panel, seal all open holes, replace lock and reinstall weather stripping to comply with current NEC codes.

3) Irrigation Controllers: The electrical power cable to the replacement irrigation controllers (Irritrol MC’s) is the same that was originally installed for the Griswold controllers installed in 1969. The Irritrol MC controllers are wall mount controllers installed in the existing metal Griswold pedestals. The existing pedestals show extensive signs of corrosion and rust. Some of these pedestals have openings and possible electrical code violations. All controllers locations should be reviewed by a qualified electrician and all code violations should be repaired.

4.0 Hydraulic Analysis

The mainline piping system represents a mixed asset one of the irrigation system. The pipes are sized adequately for the existing irrigation system, but may be too small to distribute adequate amounts of water for a modern irrigation system. This would require the system to be “pushed” which would result in higher flow velocities, which directly translates into higher friction (pressure) losses. The low pressures due to friction losses cause poor performance from sprinklers in areas located remotely from the pump station. Targeted improvements could be successful in upgrading the overall capacity of the existing mainline piping system, if irrigation system replacement is simply not in the cards at this time.

A. Pressure Zones: A pressure zone is a geographical area with the same source of pressure where the minimum and maximum pressures available within the zone are within the minimum and maximum operating pressures for the pipes, valves and sprinklers located within the zone. Pressure fluctuations within a pressure zone are only due to friction losses and pressure loss/gain due to changes in elevation.

A pressure zone will have a range of available pressure, with a minimum pressure required to operate the sprinklers and a maximum pressure that will not produce excess stress or failure to the piping system. Sprinklers also have a maximum pressure rating that cannot be exceeded without causing damage to the sprinkler. This range between the minimum and maximum sprinkler operating pressures represents the widest possible range for a given pressure zone.

There is one pressure zone within the existing irrigation system with a maximum pressure of 90 psi at the pump station and a desired minimum pressure of 75 psi at the point farthest from the pump station. The high side of the pressure zone could be increased to 100 psi which would improve sprinkler performance in the areas farthest from the pump station with a new irrigation booster pump station, appropriately sized.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 8 Irrigation Evaluation Report The pressures recorded in the field ranged from a high recorded pressure of 95 psi at the quick coupler valve on 11th fairway (end of stub) with a recorded low pressure of 59 psi at the quick coupler on 5th green (high elevation point). The recorded pressures at the pump station ranged between 80 psi to 90 psi depending upon the flow rates. No flow meter was available so we were unable to log the flow / pressure relationship at the booster pump station.

Recorded pressures do not account for pressure losses in the remote control valve or lateral piping. It would not be uncommon to lose 2 psi through the valve and an additional 5 psi through the lateral pipes resulting in a low pressure of 52 psi worst case for the tested conditions.

The flow rates present during the test were typical of a summer watering schedule and sometimes exceeded the pump station capacity which caused the discharge pressure to fall below 90 psi. Flow rates at the pump station capacity would increase the pressure losses due to friction as the volume of water increases. Pressures below 75 psi cause a significant decline in sprinkler performance. This would explain the difficulty maintenance personnel have regarding poor sprinkler performance on holes 5, 6 and 7, across the creek.

From the pressure data noted above, there are several instances where pressure losses exceed 20.0 psi, with a maximum pressure loss of over

30.0 psi. Some of the loss of pressure is due to an increase in elevation, however much of it is due to friction losses. The sprinklers have pressure regulators which require a minimum operating pressure of 10 psi higher than the sprinkler setting. Toro recommends a pressure regulation range of 65, 80 or 100 psi. Therefore, recorded pressures below 75 psi would cause sprinkler coverage and uniformity problems, if 65 psi regulators are used.

Simply stated, the existing mainline piping system (pipe sizes) is marginally adequate for the existing automatic irrigation system, but does not have additional capacity for expansion to upgrade to a modern wall to wall irrigation system at 65 ft sprinkler spacings.

B. Hydraulic Programming: It is re commended to implement a hydraulic based model of the piping system in the proposed central computer program. Through trial and error, the allowable flow (gpm) per pipeline can be adjusted based upon some basic guidelines to allow for the operation of the irrigation system at the minimum required water pressures with the shortest possible water window. Remember, current industry standards do not recommend flow velocities above 5.0 feet per second, because flow velocities over 5.0 fps often cause forces in the pipe (water hammer) that can result in pipeline failure, or pipeline fatigue that would shorten the pipelines useable life. However in some instances the irrigation system can be pushed to operate at flow velocities approaching 7.5 feet per second.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 9 Irrigation Evaluation Report TABLE 1:

Maximum Flow at
Recommended Flow Velocities

Flow 2" 3" 4" 5” 6" 8" 10"
Velocities (gpm) (gpm) (gpm ) (gpm) (gpm) (gpm) (gpm)

4.0 fps 45.0 90.0 160.0 250.0 350.0 600.0 1000.0

4.5 fps 50.0 100.0 180.0 275.0 375.0 675.0 1100.0

5.0 fps 55.0 115.0 200.0 300.0 425.0 750.0 1200.0

5.5 fps 60.0 125.0 215.0 335.0 460.0 840.0 1300.0

6.0 fps 70.0 130.0 230.0 370.0 500.0 900.0 1400.0

6.5 fps 75.0 140.0 260.0 400.0 550.0 975.0 1600.0

7.0 fps 80.0 150.0 275.0 420.0 600.0 1050.0 1700.0

7.5 fps 85.0 160.0 295.0 450.0 640.0 1125.0 1800.0

Therefore, recommendations to operate the system in excess of 5.0 feet per second are to try to shorten the water window to an acceptable time period in areas with excess pressure availability (close to pump station and lower elevation areas). The system should never be operated above

7.5 feet per second under any conditions. See Table 1 above.

1. Start with programming the areas wit h pressure problems (5 thru 7) at a maximum allowable flow rate at 4.0 feet per second. If this results in an unacceptable water window, increase the flow velocity to 4.5 feet per second or 5.0 feet per second. Try to stay under 5.0 feet per second (and as close to 4.0 feet per second), if possible to maximize available pressure. Remember, shortening the water window will result in lower operating pressures in the field. Monitor water pressures in the field to insure that a given water window is resulting in acceptable water pressures while the program is operating.

2. Program the areas between the pump station and the chronic low pressure areas at a maximum allowable flow rate at 5.0 feet per second. Higher flow rates will “scrub” off too much pressure for the low pressure areas, however, if lower flow rates can be tolerated (longer water window), it will result in even more pressure for the chronic low pressure areas.

3. Program the remaining areas without pressure problems at a maximum allowable flow rate of 6.0 feet per second. Therefore, the lower recommended flow velocities in problem areas should raise the recorded pressures that were unacceptable to an acceptable level and the higher flow velocities will result in higher friction losses where pressure is abundant and will not sacrifice sprinkler performance. Experiment a bit, and see what 5.5 feet per second does vs. 6.5 feet per second. If the water window is more attractive at 6.5 feet per second, then monitor field water pressures to insure that the minimum acceptable water pressure is achieved. In the short term, everything will be a trade off, pressure vs water window,

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 10 Irrigation Evaluation Report so play with the flow settings based upon velocity of flow and get a feel for how these will affect each other.

C. Pump Station and Mainline Piping Com patibility: The pump station is capable of producing 1,200 gpm at a discharge pressure of 90 psi. The discharge pipeline is 10” in size rated for 1,200 gpm at 5.0 fps (See Table 1), which is acceptable and within current industry standards. However, in a very short distance the 10” mainline “tees” into two 8” mainline pipes located at the creek crossing by the pump station. Each of the 8” mainline pipes are rated at 750 gpm at 5.0 fps (See Table 1), which would total a combined flow of 1,500 gpm, above the pump station capacity of 1,200 gpm. A new booster pump station could utilize the full flow potential of the existing mainlines and reduce the irrigation water window by increasing the booster pump station capacity and discharge pressure.

There are also some opportunities to complete mainline loops to reduce friction losses and improve the irrigation system performance.

5.0 Sprinkler Spacing & Coverage Evaluation

The following is a summary of the findings from the sprinkler spacing and coverage evaluation that was conducted in the field. The as built irrigation plans and field observations were used as the basis for this analysis. Field observations randomly verified selected items as illustrated on the as built plans.

Overall, the as built plans provide a good representation of the actual field conditions. Generally, the sprinkler spacing and coverage represents one of the major problems of this irrigation system.

A. General Description: Generally the fairway block sprinklers run perpendicularly across two fairways. The putting greens have been retro fit with valve in head sprinklers over the last several years with a more reasonable sixty to sixty five foot spacing. The fairway sprinklers generally have a spacing of 75 feet to 90 feet. There are several problems with this configuration noted below:

1) The large fairway golf rotors capabl e of throwing water 75 feet to ninety feet generally require a recommended water pressure of 90 – 100 psi, but recorded water pressures during the field work in many areas were well below this recommended water pressure. Pressures as low as 59 – 60 psi were recorded and pressures of 65 – 75 psi were common. The low pressure results in reduced uniformity and poor system efficiencies. 2) The variable nature of t he sprinkler spacing destroys the uniformity that is required to have good system efficiencies.

3) The cross fairway piping introduces shade and sun problems. Sprinklers in sunny areas require more water than sprinklers in the shade. To keep the sunny areas green, shady areas are often too wet causing playability problems. This condition also results in poor system efficiencies.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 11 Irrigation Evaluation Report 4) The older existing sprinklers are r eaching the end of their useful life.

Failure rates will continue to rise in the near future causing the sprinklers to be replaced which results in mismatched equipment resulting in poor efficiencies.

The variable nature of the sprinkler spacings noted in the field and the low water pressures make the calculations of precipitation rates, distribution uniformity and estimated irrigation system efficiency an exercise in futility, as any result would be valid for a particular spot on the golf course and not an overall average or representative of any particular area. Suffice it to note that the existing irrigation system efficiencies are low, most likely below fifty percent (50%).

Fairway Sprinkler – Field Measurements

Field Field Field
Spacing Spacing Spacing
Fairway #1 (feet) #2 (feet) #3 (feet)

01 88 feet 90 feet 74 feet
02 75 feet 93 feet 90 feet
03 77 feet 88 feet 91 feet
04 79 feet 87 feet 95 feet
05 82 feet 89 feet 90 feet
06 78 feet 79 feet 99 feet
07 75 feet 76 feet 91 feet
08 90 feet 89 feet 86 feet
09 88 feet 81 feet 84 feet
10 89 feet 83 feet 85 feet
11 74 feet 109 feet 73 feet
12 83 feet 85 feet 79 feet
13 85 feet 82 feet 79 feet
14 85 feet 88 feet 79 feet
1 5 N / A N / A N / A
16 89 feet 80 feet 90 feet
17 88 feet 82 feet 80 feet
18 84 feet 85 feet 80 feet

B. Tee Sprinkler Spacing: Sprinkler spacing on tees is somewhat irregular depending upon the spacing pattern. Tees with a single row of sprinklers, spacings range from between 40 ft – 60 ft apart. Single row sprinkler spacings are too erratic, being customized to each individual tee to calculate an average precipitation rate. Tees generally feature a Toro 630, 730 or 830 rotor sprinkler with a #33 or #34 nozzle, depending upon the spacing.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 12 Irrigation Evaluation Report C. Fairway Sprinkler Spacing: Sprinkler spacing in the fairways is remarkable inconsistent, with a spacing range of 75 ft – 90 ft. Sprinkler spacings are too erratic to calculate an average precipitation rate. Fairways generally feature a Toro 670 sprinkler with a #70 nozzle, 78 ft radius, 36.9 gpm @ 65 psi.

D. Green Sprinkler Spacing: Sprinkler spacing on the greens is fairly uniform, with a spacing range of 60 ft – 65 ft. Spacings across the putting greens vary significantly depending upon the size and shape of the putting green. Putting green sprinkler spacings are too erratic, being customized to each individual green to calculate an average precipitation rate. Greens generally feature a Toro 730 or 830 rotor sprinkler with a #33 or #34 nozzle.

6.0 Irrigation Equi pment Evaluation

A. Sprinkler Heads: The majority of existing sprinklers are Toro brand rotor sprinklers specifically manufactured for use on golf courses. Toro 630, 670, 730 & 830 series sprinklers represent the vast majority of sprinklers on the golf course. The Buckner impact sprinklers installed in 1969 have all been replaced and some of the older Toro sprinklers are beginning to reach the end of there useful life.

B. Sprinkler Swing Joints: The sprinklers are installed on 1 ¼” galvanized swing joints that are reaching the end of their useful life. Due to corrosion the galvanized swing joints are frozen and no longer have the “swing” action. More recent replacement sprinklers have replaced the galvanized swing joints with field assembled swing joints with PVC schedule 80 nipples with PVC schedule 40 threaded ell’s. Going to PVC is an improvement over the galvanized swing joints, however future replacements are recommended to use PVC unitized swing joints with o- ring seals. Also, the large fairway rotor sprinklers have 1 ½” inlets and it is recommended to upgrade to 1 ½” swing joints in the future to reduce friction losses.

C. Electric Remote Control Valves: The electric remote control valves were installed as part of the original 1969 installation. The valves are 1 ¼”, 1 ½”, 2” and 2 ½” brass Griswold heavy duty valves for commercial use.

There have been relatively few problems with the valves to date. Typically the useful life of an electric remote control valve would be between 20 – 25 years. Many of these valves have been in service for more than 40 years. Valve are typically installed on galvanized nipples that connect to a saddle on the mainline pipe. The most common problem associated with the remote control valves is the galvanized nipple on the inlet side will rust out causing a leak. These have been repaired as they are discovered by the golf course maintenance staff. These valves have reached the end of their useful life and are on borrowed time.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 13 Irrigation Evaluation Report D. Mainline and Lateral Piping: As discussed in the Hydraulic Analysis section of this report, the mainline pipe sizing is adequate to take advantage of the full flow capabilities of the pump station. The mainline pipe, 3” thru 10”, is Asbestos-Cement pipe, also referred to as “AC pipe” or “Transite pipe” and was installed in 1969. This pipe is no longer used in the industry due to the asbestos content and technology and price improvements with PVC pipe.

Transite pipe tends to be very rigid and gets brittle when fatigued. The existing pump station does not have a modern pressure control system (variable frequency drive, VFD) which allowed significant pressure fluctuations to enter the mainline piping system. This cycle of high pressure then lower pressure (water hammer) acts to fatigue the mainline pipe over time, which will typically manifest itself as cracks (leaks) adjacent to the ductile iron saddle connections where the remote control valves are installed. This becomes a natural shear point where the saddle forms a rigid connection around the pipe.

The golf course maintenance staff have indicated that there have been relatively few failures each irrigation season for the past few years. The mainline failures may increase with time as the transite mainline pipe is reaching the end of its useful life. It has been in service for approximately 44 years. It would be possible to make repairs and keep the irrigation system operational for some years, but it is not recommended to make long term plans that rely on the use of the existing mainline pipes into the future. Eventually repair costs and loss of infrastructure will exceed the cost to install a new mainline piping system.

In addition, the transite mainline pipes contain asbestos, as noted above, and is considered to be a hazardous material. Golf course maintenance staff should follow OSHA standards for handling and disposal of transite pipe sections.

The lateral pipes are PVC class 200 solvent weld pipe installed in 1969.

There are no reported problems with the lateral piping at this time.

Occasional repairs are required and made by the golf course maintenance staff.

E. Valve Boxes: Most of the valve boxes on the golf course remain from the original installation in 1969 and are concrete valve boxes with concrete lids. Some of the valve box covers are cracked and in disrepair. Valve boxes that have been replaced have used plastic valve boxes.

F. Mainline Gate Valves: There are not an adequate number of gate valves to easily isolate the irrigation mainline for repairs. There are six (6) existing mainline gate valves. All existing mainline gate valves are non functional and need to be replaced.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 14 Irrigation Evaluation Report G. Mainline Pressure Relief Valve, (PRV): There is one mainline pressure relief valve shown on the as built plans (at stream crossing between 15 green and 16 tee), however this valve could not be located during the field work site visit. It is assumed this valve is not a functional pressure relief valve.

H. Mainline Air Relief Valves: There appears to be no air relief valves located on the mainline piping system. This is one of the problems that could cause additional fatigue to the mainline piping system. Air inside the mainline piping system is one of the major causes of water hammer, which is a major contributing factor causing mainline pipe fatigue and failure. It is recommended to add air relief valves if this mainline piping system is to remain in service for more than a few years. Air relief valves should be installed at high elevation points and dead end runs in the mainline piping system.

I. Quick Coupler Valves: The quick coupler valves have been installed in a direct burial manner and many of the less used quick couplers are difficult to find. It is recommended to located all existing quick coupler valves and install 10” round valve boxes to insure they can be maintained by maintenance personnel. Quick couplers should be stabilized to insure they will not unthread during use potentially causing injury to maintenance personnel.

J. Irrigation Controllers: The original electro mechanical Griswold controllers have been replaced with electronic Irritrol MC Plus B controllers. This controller is a good commercial grade controller, but not intended for a golf course application. There are currently 19 Irritrol MC controllers for the golf course. Programming is a time consuming and laborious chore. Also, most of these controllers have been installed inside the old Griswold enclosures which are rusting and falling into disrepair.

There are 5 controller groupings, Gr oup 1 (1, 2 & 3), Group 2 (4 & 5), Group 3 (6, 7 & 8), Group 4 (9, 10, 11 & 12) and Group 5 (13, 14, 15, 16, 17, 18 & 19). There are nine 24 station controllers (1, 2, 5, 8, 11, 12, 17, 18 & 19) and ten 12 station controllers (3, 4, 6, 7, 9, 10, 13, 14, 15 & 16).

Valve in head (VIH) greens sprinklers have 2-3 sprinklers per station, however it is recommended to have individual head control on the putting greens, so additional stations should be provided as part of an irrigation control system upgrade project.

K. Central Computer Controller: There is no central computer system. A new central computer control system would help save water and labor and can often result in a 20% - 30% water savings immediately by adjusting the irrigation runtimes daily to reflect the actual weather conditions (active weather control). Upgrading the irrigation control system with a central computer controller is recommended to be a high priority.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 15 Irrigation Evaluation Report

7.0 Irrigation Improvement Options

The following recommendations are based upon the field work, calculations and discussions with the Golf Course Maintenance Staff with input from City Staff.

The following improvement options were identified for consideration.

The budget estimates are preliminary and are made without the benefit of a design drawing. The estimated costs are to be used for budgetary purposes only and may not reflect actual construction costs. See appendix for back up cost estimating information for selected items. Costs estimated are for a golf course irrigation Contractor to complete the work with prevailing wage rates. Value engineering savings would be possible during a design phase of work in some instances. Additional saving could be realized if it is possible to install some improvements “in house” by Golf Course Maintenance personnel.

A. Irrigation System Replacement – ($1,750,000.00 - $2,250,000.00)

This option is not feasible now due to budgetary constraints, but the Golf Course due to the age and type of materials of the mainline piping system and the poor inefficient sprinkler spacing the planning for an irrigation system renovation project should begin now, even if the project cannot be started for five or ten years.

B. Irrigation Booster Pump & Stor age Tank Improvements – ($450,800.00)

This option would contribute towards a future renovation project, but would help the Golf Course take the seasonal creek out of service for the irrigation system and replace the existing irrigation booster pump which is reaching the end of its useful life.

Well pumps (2 existing wells only) would pump water into a new water storage tank with a new irrigation booster pump. The new irrigation booster pump would feature a control system to regulate the filling of the water storage tank (smart fill manifold) and be located in the vicinity of the existing irrigation booster pump station. Sand separators would remove suspended solids between the wells and water storage tank. The water storage tank would also act as a settling basin to remove other suspended solids and the new irrigation booster pump would have a screen filter to remove any remaining suspended solids (treatment train or stepped treatment process) to keep the irrigation system clean to extend equipment life and reduce maintenance.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 16 Irrigation Evaluation Report Irrigation Booster Pump & Storage Tank Improvements

1) 100,000 gallon coated water storage tank installed
on gravel ring with overflow pipe ..……………………. $ 115,000.00 2) Irrigation Booster Pump, installation & site work ……. $ 125,000.00 3) Filter Station (Irr igation Booster Pump) ………………. $ 30,000.00 4) Irrigation Booster Pump Canopy ……………………… $ 20,000.00 5) Tank “smart fill” manifold ………….…………………… $ 8,000.00 6) 1,200 feet 10” tank fill pipe, valves, landscape
and irrigation repair ……………………….……………. $ 40,000.00
7) Two (2) sand separators, automatic flush and
waste stream infiltration swales ………………………. $ 20,000.00 8) Stream channel work / re storation …………………… $ 10.000.00 9) Electrical work / upgrades …………………………….. $ 20,000.00 10) Existing Irrigation Pump Demolition ………………….. $ 4,000.00 ------------------
Sub Total ………………………………………………… $ 392,000.00
15% Contingency ………………………………………. $ 58,800.00
----------- -------
Total Preliminary Estimate …………………………….. $ 450,800.00

C. New Deep Water Well – ($148,350.00)

This option would contribute towards a future renovation project and helps reduce the deficit pumping to reduce the required water storage tank size (100,000 gallon recommended size). Without a new deep water well the recommended water storage tank would be larger (200,000 – 250,000 gallon). It also helps to distribute the water supply over three deep wells, so in the event of a failure of one deep well, two deep wells would still be in service. Estimate includes drilling a new well, well pump and motor, up to 500 ft of tank fill pipe and valves, sand separator and waste stream infiltration swales and electrical improvements’.

1) New Deep Water Well ……………………….………… $ 55,000.00
2) Submersible Pump/Motor ……………………………… $ 35,000.00
3) 500 ft 6” tank fill pipe, valves, landscape and
Irrigation repair …………………...…………………….. $ 14,000.00
4) Sand separator, automatic flush and
waste stream infiltration swale …..……………………. $ 10,000.00 5) Electrical Work ………………………………………….. $ 15,000.00
------------------
Sub Total ………………………………………………… $ 129,000.00
15% Contingency ………………………………………. $ 19,350.00
----------- -------
Total Preliminary Estimate …………………………….. $ 148,350.00

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 17 Irrigation Evaluation Report D. Spare Deep Water Well Pump / Motor – ($12,000.00)

This option would provide an emergency contingency in the event of a deep well pump or motor failure to expedite the repair process.

E. Irrigation Control System Replacement – ($161,575.00)

This option would contribute towards a future renovation project, but only replaces the existing irrigation controllers with some expansion to convert greens sprinklers to individual head control as recommended above.

Additional controllers would be required as part of an overall irrigation renovation project. Communication is via radio between controller groups and the central computer and communication cable within controller groups.

Central computer programming and data input to be done by golf course Maintenance personnel (additional fee required for programming and data input by others). Controllers are expandable to 64 stations each to facilitate a future irrigation renovation project.

1) Replace Group 1 Controllers with one 48 station
Controller and one 32 station controller ……………… $ 14,000.00 2) Replace Group 2 Controllers with one 48 station
Controller ………………………………………………… $ 8,000.00
3) Replace Group 3 Controllers with one 64 station
Controller ………………………………………………... $ 10,000.00
4) Replace Group 4 Controllers with two 48 station
Controllers ………………………………………………. $ 15,000.00
5) Replace Group 5 Controllers with one 48 station
Controller and three 40 station controllers …………… $ 25,000.00 6) Weather Station ………………………………………… $ 16,000.00
7) Handheld Maintenance Radio System, includes
Base station, radios, antenna, FCC license and
Site survey ………………………………………………. $ 12,500.00
8) Central Computer Cont rol System, includes PC
Computer, radio, antenna and software ……………… $ 40,000.00 ------------------
Sub Total ………………………………………………… $ 140,500.00
15% Contingency ………………………………………. $ 21,075.00
------------------
Total Preliminary Estimate …………………………….. $ 161,575.00

F. Retro-fit Holes with 64’ VIH Sprinkler Grid – ($800.00 / sprinkler)

This option would contribute towards a future renovation project, but only replaces the existing sprinklers and submain pipe to a new 64’ triangular sprinkler grid. The existing mainline pipe would remain. Existing remote control valves would be replaced with brass isolation angle valves where new 2” submain piping, VIH sprinklers and low voltage control wiring would be installed to establish the new spacing grid. It would be recommended to do

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 18 Irrigation Evaluation Report two holes at a time where there is a common mainline pipe between the golf holes. It is estimated a typical Par 4 hole would require 95 sprinklers as the putting greens already have been retro-fit with VIH sprinklers. Therefore the estimated cost per average Par 4 hole would be $76,000.00 dollars, or $152,000.00 dollars for two adjacent average Par 4 holes with 190 sprinklers total.

End of Report

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 A-1 Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

APPENDIX A

Deep Well Techinical Memorandum

T E C H N I C A L M E M O R A N D U M

TO: Norman Amidon, City of Santa Rosa

FROM: David Long
Rich DiTommaso
Dyanna Becker

SUBJECT: Bennett Valley Golf Course Well Testing
B&R File No. 3578.00

DATE: January 6, 2012

The Bennett Valley Golf Course would like to use two existing wells, the North Well and the South Well, to pump directly into the golf course irrigation system. The locations of the wells are shown in Appendix A. Currently, the wells discharge to Matanza s Creek and the water flows downstream to a reservoir, from which an existing vertical turbine pump station draws to irrigate the golf course.

Pumping water directly from the wells to the irrigation system would eliminate the need to discharge well water to Matanzas Creek and allow the existing vertical turbine pump station to be abandoned.

The viability of this direct9to9irrigation scheme depends upon the ability of the aquifer to support all instantaneous irrigation demands. In order to assess a quifer and pumping capabilities, a 129hour constant9rate pump test was performed by Pump Effici ency Testing Service (PETS). The following sections summarize the results of this test and pres ent additional information regarding the physical characteristics of the wells. All depths indicated are measured in feet below ground surface.

Well History and Geometry
Based upon information provided by City of Santa Rosa staff and subsequent conversation with Bartley Pump, Inc., we understand that there were ori ginally two wells constructed at the current site on what was formally the Arrigoni Ranch. Const ruction records are not available for either of these original wells. Appendix B contains several hi storical documents associated with the wells that were provided by the City of Santa Rosa.

The original North Well (identified as Well No. 2 on an undated Well Test Report by Bartley Pump, circa 1964 [Appendix B]), was abandoned in 1993 becaus e its crooked alignment made incapable of being retrofitted with a new pump. A new North Well (Well No. 3) was drilled at this time and outfitted with a new submersible pump. The North Wel l (Well No. 3) has a 109inch diameter casing and is 315 feet deep. The screen sections are positio ned from 65 to 145 feet, 165 to 185 feet, 205 to 265 feet, and 295 to 315 feet. This information was obtained from a Well Completion Report by Weeks Drilling Co. (Appendix B).
2 The original South Well (Well No. 1) is still in se rvice and according to the aforementioned undated report by Bartley Pump, has a 129inch diameter casin g and is 358 feet deep. The placement and lengths of screen sections in this well are not known.

Well Pump Characteristics
A report from a prior pump efficiency tests perform ed by PETS in 2008 (Appendix B) states that the submersible pumps in both the North Well and the South Well have rated capacities of 25 hp.

A pump cut9sheet and performance curve provided by B artley Pump and dated 1964 (Appendix B), presents information for a Layne & Bowler submersib le pump. A photo of the existing South Well pump head (Appendix C) shows it to be similar to that represented on the cut9sheet, which also indicates a pump set depth of approximately 203 feet and a 69inch diameter discharge column.

Summary of Data
PETS performed a 129hour constant9rate pumping test on each well on October 7, 2011. The tests were conducted concurrent with one another and the pumping rates, water surface levels and motor electrical characteristics were continuously recorde d. The North Well test began first at 11:25 AM, followed by commencement of the South Well test at 1 2:25 PM. Testing concluded at 11:32 PM.

Throughout the test period, the North Well discharged approximately 460 gpm and the South Well discharged approximately 400 gpm.

Both wells exhibited more or less constant voltage a nd amperage draw throughout the test period – nominally 4809490 volts and 31933 amps. Power factors were also relatively constant at 76978.

Water surface level data obtained for each well over the course of the testing has been plotted and is shown in Figure 1 below.

9130
9120
9110
9100
990
980
970
960
10:00 12:00 14:00 16:00 18:00 20:00 22:00
Depth (feet)
Figure 1: Water Level
South Well
North Well
3 The initial static water level in both wells was ap proximately 64 feet below ground level. The minimum water level depth produced in the North Well was approximately 101 feet below ground level, which was reached after approximately 7.5 hou rs and held steady to the end of the test – a drawdown of 37 feet. At 460 gpm, this drawdown indicates a specific capacity of 12.4 gpm/ft.

When the South Well pump was turned on, a small, temporary increase in the rate of water level drop in the North Well was observed. There was a problem with the recording instrumentation for the South Well (cause unknown) that resulted in no water level data being collected after 7:02 PM, except for the final reading at 11:30 PM. At the conclusion of the test the water level was 124 feet below ground level. Extrapolating the drawdown curve across the blank data period; it appears that the water level was still dropping, but at a gradually declining rate; therefore the indicated drawdown of 60 feet appears viable for use in calculating an approximate specific capacity. Using 400 gpm and 60 feet of drawdown produces a specific capacity of 6.7 gpm/ft.

A summary of the test results is shown in the table below.

Summary of 12,hour Pump Test Results
North Well South Well
Year Constructed 1993 Unknown
Flow Rate 460 gpm 400 gpm
Drawdown 37 ft 60 ft
Specific Capacity 12.4 gpm/ft 6.7 gpm/ft

It is instructive to note that the 2008 PETS pump efficiency test report (Appendix B) also contained water level drawdown and specific capacity data. For the North Well, a specific capacity of 22.0 gpm/ft. was noted and appears to have been calculated using a drawdown of just 20 feet. Although this specific capacity is more than 40% higher than the specific capacity of 12.4 gpm/ft calculated from the recent test, the duration of the 2008 test is not included in the report. We suspect that the 2008 test was of a much shorter duration than 12 hours, did not allow the water level in the well to stabilize and therefore produced data that is not viable for accurate specific capacity calculations.

Conclusions and Recommendations
Test results from the simultaneous 129hour pumping of the North and South Wells during the time of year when groundwater levels would be expected to be near their lowest, indicates that the aquifer can support a a minimum sustained withdrawal of 860 gpm. This flow rate and duration are adequate to run through an entire daily irrigation cycle.

The young age (19 years) and stabilized water level condition of the North Well indicate that it is likely suitable for being retrofit with a new pump that could perform the desired direct9to9irrigation duty.

Due to the age (over 50 years) and lack of knowledge of the South Well’s construction, we recommend that the South Well pump be pulled and a video conducted of the well in order to assess its condition and screen section locations. This information will be instrumental in deciding the role that this well will (or will not) play in the conversion to the direct9to9irrigation scheme.

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 B-1 Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

APPENDIX B

Existing Deep Well Locations

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 C-1 Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

APPENDIX C

Historical Well Data

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 D-1 Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

APPENDIX D

South Well Discharge Head Photo

David Bigler Associates Bennett Valley Golf Course
Landscape Architect RLA #3887 E-1 Irrigation Evaluation Report Final Report of Findings
Golf Course Irrigation System Evaluation
Bennett Valley Golf Course
Santa Rosa, CA

APPENDIX E

Cost Estimate Documents

M E M O R A N D U M

TO: Dave Bigler

FROM: David Long
Dyanna Becker

SUBJECT: Bennett Valley Golf Course Irrigation: New Well Cost Estimate B&R File No. 3578.00

DATE: March 3, 2014

Estimated construction costs for the items describe d in the Bennett Valley Golf Course Irrigation Report are as follows:

DESCRIPTION QUANTITY UNIT PRICE TOTAL
Back-up Well 1 LS $55,000 $55,000
Submersible Pump - Installed 1 EA $35,000 $35,000
Submersible Pump - Spare 1 EA $10,000 $10,000
Bolted Steel Tank 40,000 - 100,000 GAL $1.60 - $0.90 $65,000 - $90,000 Gravel Ring Foundation 1 LS $5,000 $5,000

It was assumed that the proposed well would be simi lar in depth to the existing wells. The existing North Well is 315 feet deep and the existing South Well is 358 feet deep. The cost for the back-up well includes the costs for drilling an approximate ly 350 feet deep well, installation of a 10-inch diameter casing, installation of gravel, sanitary s eal, and well head at an estimated cost of $150 per foot of well depth. The submersible pump was assume d to be the same size as the existing 25HP submersible pump in the north well. The cost of the installed pump includes the cost of approximately 350 feet of 6-inch diameter drop pipe, cable to pow er and control the pump, appurtenances needed at the well head, and the labor to install and test the pump.

The required capacity of the bolted steel tank is not known at this time. The cost estimate for the tank – which includes manufacturing, delivery, and assembly on site – is given for a range of tank capacities from 40,000 gallons to 100,000 gallons. Due to econ omies of scale, the price per gallon ranges from $0.90 for a 100,000 gallon tank to $1.60 for a 40,0 00 gallon tank. The tank could be installed on a gravel ring foundation. The cost estimate for the f oundation includes excavation, soil preparation, steel grade band, and 10-15 cubic yards of gravel. The size of the foundation would change with the size of the tank, but the cost of the foundation would not change significantly.

W a t e r t r o n i c s , I n c .

P.O. Box 530
Hartland, WI 53029
262-367-5000 PH
262-367-5551 FX

HORIZONTAL CENTRIFUGAL (HCFV) PROPOSAL
Flooded Suction Variable Speed Virtual Vision III Pumping System U. L. Approved Package Pumping System Suitable For Three Phase Power

All Watertronics control panels meet or exceed the Federal Communications Commission (FCC) Standard #15 for emitted and conducted noise

Customer: Dave Bigler Date: May 9, 2014
Attn: BUDGET PRICING Quotation #: 050914JNHCFV-1-60x2
Phone #: Project Name: Bennett Valley Golf Course
Fax #: Location: CA
Email: Quoted By: Bob Sylvester/rwe

STATION PERFORMANCE: 1200 GPM @ 100 PSI Boost Flooded Pressure = 5 TDH

POWER REQUIREMENT: Power shall be 460 volt, 3 phase, 60 hertz.

Note: See Power Supply in the Terms and Conditions Section below for further information

MODEL DESCRIPTION: HCFV-1-60x2-5VC-460-3-1200-100

Project Scope: Variable speed (VFD) flooded suction horizontal end suction centrifugal pump station with piping, valves and base painted. Pump station will incorporate 2 mains and one pressure maintenance pump. Station is proposed to be installed under a composite canopy supplied by the pump station manufacturer. Controls will be an industrial grade PLC incorporating a color touch screen operator interface device with software programming written specifically for this project—with information given at time of design or order. A formed and reinforced base platform supports all manifolding, pumps, motors and control panels to provide an integral unit ready to allow quick install at the job site.

Note!! This Proposal was formulated to meet the customer supplied design specification identified by: Any differences in the specifications from the equipment outline within this proposal should be brought to the immediate attention of Watertronics for clarification

STANDARD FEATURES INCLUDE:
 U.L. listed NEMA 4 control panel assembly with 200 AMP main disconnect and interior lighting package  Air conditioner cooling for control panel
 Microprocessor controls with AccuWa re station software to maintain constant pressure at variable flow  VirtualVision II Color Touchscreen operator interface device with active matrix LCD display featuring:

Digital flow (GPM) and pressure (PSI) display
Both cumulative and resettable gallons pumped indicators Pump ready/running status with elapsed run time display per pump Flow-based pressure regulation to match discharge pressure with irrigation demand Individual motor overload reporting
Minute by minute data logging saved to a removable flash RAM card 32MB card to store approximately 12 months of data
Historic & real time X-Y plotting of pump station operation Filter controls
Alarm log file
Ability to change system parameters such as setpoint pressure, time delays, Fertigation graphic and control interface when sold with a Watertronics EZ Feed Injection Package  Alarm conditions w/safety shut down, condition time stamp & automatic diagnostic system:

Automatic re-pressurization after fault condition
Low discharge pressure shutdown
High discharge pressure shutdown
Individual motor overload/phase loss
V F D f a u l t s h u t d o w n
High pump temp shutdown
 Time of use lockout controls for utilizing utility power company savings and avoiding demand charges (if available from power company)
 60 HP Variable Frequency Drive (VFD) sequenced between all main pumps, rated for the motor horsepower  Dual mechanical interlocking output contactors for au to-alternation of main pumps & manual override. X-line contactor is MSP breaker type motor protection w/electronic overload and rotary handle power disconnect.  Transient/surge protection package for 480/120/24 volt circuits  2 ea. 60 HP, 3600 RPM open drip proof (ODP) motors
 2 ea. 60 HP, 3600 RPM horizontal centrifugal pumps. Pumps to be cast iron with a bronze impeller and mechanical seal
 5 HP, 3600 RPM vertical centrifugal pressure sustaining pump and open drip proof (ODP) motor  Individual pump isolation & check valve assemblies
 3” pressure relief valve with lug style butterfly isolation valve  Hose bib connection for washdown
 Stainless steel pressure transducer
 Station discharge isolation valve
 3-3/4” TOL’s on discharge manifolding
 Station inlet isolation valve
 Structurally superior, formed 3/8" reinforced steel skid for mounting pumps, controls & piping  Steel grit blasting of pump station skid and all piping  Two part epoxy primer coat of all painted surfaces
 Station skid, valves and all piping painted ( Sandstone)  Baked & curing process of all primer coated and painted surfaces  Complete assembly, calibration and dynamic run test prior to shipment  2 operation and maintenance manual(s)
 Access to Watertronics, Inc. customer serv ice technical phone support, technicians on call 24/7  Access to Watertronics, Inc. factory authorized service technician

ADDITIONAL EQUIPMENT & SERVICES INCLUDED WITH PUMP STATION:

 Motor winding heaters to retard condensation on winding when motor is not in use.  6” Magnetic flow meter to allow a shorter flow spool, base and canopy.  Premium surge protection for 480volt/120volt/24volt circuits  Submersible level transducer for mo unting in tank to support tank re-fill logic. User adjustable levels.

PUMP STATION PRICE (INCLUDES ALL OF ABOVE): US Dollars $ 105,561.00 Off Load & Set-Up Supervision (one day): Included S t a r t - U p ( o n e d a y ) : I n c l u d e d Crane To Off-Load and Set Pump Station Not Included S a l e s T a x N o t I n c l u d e d
Domestic US Freight from Factory to Job Site: FOB Factory Included

Shipment: Estimated 10 weeks after receipt of signed contract and drawing approval. A firm delivery date will be established and transmitted within 5 days of receipt of all final details and documents

OPTIONAL EQUIPMENT NOT INCLUDED IN TOTAL STATION PRICE: PR ICE ACCEPTED (Indicate acceptance of an Option by Initialing each one being added to purchase)  8" FL x 12" FL fabricated steel discharge drop pipe with swivel connection $ 2,036.00 and 2” diameter blowout port

 8” FL x 12” FL fabricated steel inlet drop pipe with swivel connection $ 1,873.00

 Patented Electronic Butterfly Valve (EBV) system that provides the following $ 3,491.00 Features:

Pressure regulates even if the VFD fails or faults - activates immediately without loss of irrigation
Purge air from VT column pipe,
Eliminates water hammer and check valve slam,
Provides superior slow fill or surge

 5 KVA, 120V single phase power supply with load center & GFCI $ 2,294.00 convenience receptacle (un-regulated power supply)

 8” VAF Model V1500) all stainless steel suction scanner filter with 300 Micron screen. $ 25,464.00 Includes inlet and outlet isolation valves and full flow by- pass line with isolation valve plus Watertronics designed controls that enable filter flush via 1) pressure drop, 2) time or 3) total flow—improving filter performance and life by eliminating unnecessary flushes.

 Pump station canopy constructed of fiberglas s composite painted, removable roof $ 18,643.00 assembly, interior lighting, fusible control panel main disconnect, pull box for incoming power lead wires & external mounted communication junction box.

 Painted steel manifold with three inlets for the remote well pumps, a single outlet with a $ 6,267.00 data Industrial IR 220B flow sensor and 6” EBV. This manifold will be located near the pump station and used to flow match the tank refill GPM with the pump station outflow.

Custom logic in the pump station to modulate the fill pipe EBV is included.

 For Reference Only: One 30 HP submersible well pump & motor with 460v/3/60. Simple NEMA 4 Dead Front control panel. Approximate specs: 375 GPM at 230’ TDH. $ 10,750.00

Terms and Conditions

DELIVERY AND SET-UP:

1. All reasonable efforts will be made to meet the requested delivery date after the receipt of a signed contract however; Watertronics will not be liable for delays in delivery.

2. Pump station components shipped separately from the station, at the Customer’s request, may incur additional freight charges, payable by the Customer.

3. Customer will be responsible for having job site readily accessible for station delivery via flat bed truck.

4. Customer will provide the equipment and personnel required to unload and/or set the pump station.

5. DOMESTIC (USA): Station Set-up charges include one day on site. If more than one day is required, additional charges of $950.00 per day will be assessed if the customer caused the delay. Travel time not included if separate service call is required.

INTERNATIONAL DESTINATIONS: It is the responsibility of the owner’s representative (contractor) to offload the station and place the skid in position on the concrete slab. Vertical Turbines may be set in place on the skid for final assembly by an authorized service agent at time of technical startup.

6. Customer will be responsible for electrical permit if required.

7. Customer will be responsible for primary electrical hookup to pump station.

8. Customer will be responsible for making all piping connections.

9. Customer will be responsible for building modifications (roof removal & installation) if required.

10. Customer will be responsible for wet well, slab, and concrete work.

11. Customer will be responsible for piping wye strainer / filter flush line back to supply lake

START-UP:

1. DOMESTIC (USA): Start-up charges include one day on site. If more than one day is required, additional charges of $950.00 per day will be assessed if the customer caused the delay.

INTERNATIONAL DESTINATIONS: Final assembly and startup will be completed under the terms listed above. If the site is ready for startup i.e. power in place, site and infrastructure ready to run water the time allotted is adequate. Any delays due to events out of our control may incur additional charges. Charges include technician’s time ($950/day), travel fees, airline penalties, hotel, and meals.

2. Purchaser will notify Watertronics two weeks in advance of the desired start-up date.

WARRANTY:

1. Watertronics warrants its pump station products to be free of defects in materials and workmanship for a period of one (1) year from the date of startup, but not later than fifteen (15) months from the date of invoice, unless modified by customer with the selection of the extended warranty option. Stations deemed delivery complete and invoiced accordingly, at Watertronics’ factory and stored there, shall have the warranty period commence as of the invoice date.

2. This warranty is limited to replacing or repairing any defective component at the sole option of Watertronics and does not apply to equipment that has been damaged, mi sapplied or has been modified in any way.

3. Regular scheduled maintenance is required to keep the pum p station running in top condition. A minimum of two (2) scheduled preventative maintenance serv ice calls must be performed during the warr anty period for the warranty to remain in force. Scheduling and payment for maintenance shall be t he responsibility of the owner. Any work performed on the pump station must be provided by a Watertronics recognized PSN (Pump Service Network) service provider and documentation of all work performed within the warranty period must be on file at the factory. Any maintenance or repairs done without the pre- authorization of Watertronics or its recognized service providers shall void this warranty.

4. This warranty does not cover damages under the following conditions, unless otherwise specified in writing: (1) Lightning strikes, misapplied or inappropriate in-coming power, improper grounding, vandalism, or any incidental, consequential, or acts of God, (2) repairs or replacements made without t he pre-authorization of Watertr onics or its recognized service providers, (3) exposure to destructive gaseous or chemical solutions, (4) exposure to water pH levels of less than 6.0 which is typically the result of SO2 burner or sulfuric acid injection, (5) water salinit y levels greater than 2000 parts per millio n, (6) water from a reverse osmosis process plant, (7) unusually high dirt load or abrasives in the water, or (8) pumping water not suitable for turf irrigation.

5. Watertronics will not accept liability for any costs associated with the removal or replacement of equipment in difficult to access locations. This includes, but is not limited to, the use of cranes larger than 15 tons, scuba divers, barges, helicopters, or other unusual means. These extraordinary costs shall be borne by the owner, regardless of the reason necessitating removal of the product from service.

6. THIS WARRANTY IS ABSOLUTELY IN LIEU OF ANY OT HER EXPRESS OR IMPLIED WARRANTIES. THIS INCLUDES

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF WATERTRONICS.

NO AGENT, EMPLOYEE OR REPRESENTATIVE OF WATERTRONICS HAS ANY AUTHORITY TO BIND

WATERTRONICS TO AN AFFIRMATION, REPRESENTATION OR WARRANTY CONCERNING THE PRODUCT SOLD UNDER THIS WARRANTY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

POWER SUPPLY:

1. The pump station proposed herein is designed for 480 volt, WYE configured or closed delta balanced 3 phase power. The acceptable range of voltage is 455 volts (min) – 495 volts (max). Unless specifically stated under Optional Equipment, open delta, phase converter, or other forms of unbalanced three phase power are not acceptable.

2. If the supply voltage is not within this acceptable range, th e purchaser is responsible for making the necessary corrections.

This may include re-tapping or replacing the primary transformer. If the supply voltage is outside the stated range, electrical components such as VFD’s, fuses, breakers, overloads, motors, power supplies may intermittently trip or prematurely fail and will not be considered for warranty coverage.

3. The use of generator power is not re commended. If a generator is required as a temporary power supply, the pump station will be covered under Watertronics’ limited warranty provided that their “Engine Driven Generator Power Warranty Policy and Operation Guidelines” document is strictly adhered to.

4. Proper electrical grounding of the pum p station is a requirement. Station will not operate properly and could pose a health hazard if not properly grounded. Failures of any magnitude due to improper grounding will not be covered under warranty.

Payment Terms: U. S Dollars Only

1. All purchase orders are subject to acceptance at factory in Ha rtland, Wisconsin. Receipt of Production deposit, verification of acceptable credit and confirmation of order are required before production. On domestic orders of $100,000 or less, a 25% production deposit is required to initiate the order with the balance due net 30 days from date of final invoice. Orders over $100,000 require a 50% production deposit. For internatio nal orders, either an Irrevocable Letter of Credit (ILC) drawn on a U.S. Bank, with all costs of the ILC borne by the purchas er, is required for the full amount of purchase at time of order, or a 50% cash deposit with order and the remainder paid in cash when product is stated ready for shipment.

2. Late fee of 1.5% per month w ill be added to any balance due after thirty (30) days from the date of invoice. All payments and/or credits are applied to the outstanding balance before computing a finance charge.

3. In the event the customer cannot take delivery on the requ ested date, delivery shall be deemed completed, and the warranty period shall commence, at Watertronics’ factory with storage for future shipment. For the purpose of payment, eighty (80) percent of the contract price will be du e, payable net 30 days from invoice. The customer will be responsible for storage and handling charges at the factory. A minimum charge of $200 per week will apply, with total storage charges added to the final invoice.

OTHER INFORMATION:

1. Prices valid for sixty (60) days from the date of this proposal.

2. State and local sales taxes are not in cluded in these prices.

3. Seller retains a security interest in the above ment ioned equipment as provided by the UNIFORM COMMERCIAL CODE, until payment is received in full.

4. All claims for incorrect deliveries must be submitted in wr iting to Watertronics Customer Service within 15 days after receipt of goods.

5. All claims for price discrepancy must be submitted in writ ing to Watertronics Customer Service within 60 days after receipt of g o o d s .

6. A completed pump station may not be re turned to Watertronics for credit.

CHANGE ORDERS:

1. Change Orders initiated by parties out side of Watertronics, after an order has been entered, may require additional charges to the purchaser regardless of the reason or initiating party. A minimum administrative fee of $ 150.00 will be charged.

a. Lost engineering and order administration time wi ll be charged to the purchaser at $150.00 per hour.

b. Purchase orders to vendors perfected by Watertronics made invalid by the Change Order will incur charges against the purchaser equal to any penalties levied against Watertronics. To include, re-stocking charges, lost freight charges or return goods freight charges and any vendor administrative costs.

c. Watertronics lost manufacturing time will be charged to the purchaser at $100.00 per hour. Additional labor to satisfy the Change Order will be estimated at $100.00 per hour and added to the total Change Order amount.

d. Materials made unusable or scrapped because of the C hange Order will be changed to the purchaser at actual sale value as originally assigned to the job.

Replacement materials or goods will be valued as required by the Change Order and be shown in its total.

Acceptance Terms:

1. Purchaser hereby agrees that in the event of default in the payment of any amount due, that if this account is placed in the hands of an attorney, or agency for collection or legal action , to pay any and all related attorneys fees, costs of collection including agency, private process servers fees, court costs, etc., incurred and any other costs of collection permitted by the laws governing these transactions.

2. Equipment cancelled before completion will incur restocking charges that will be calculated at time of cancellation.

Restocking fees may be the full cost of the pump station depending on the nature of the pump station that is cancelled.

3. Equipment shipped separately from t he station, at Purchaser’s request, may incur additional freight charges, payable by Purchaser.

4. Delayed deliveries by the customer once equipment is read y to ship, will incur minimum storage charges of $200 per week, added to the final invoice.

A C C E P T E D B Y :

Company Name:__________________________________________By:_____________________________________________

Print Name:_____________________________________________Title:____________________________________________

Signature Date: ____________________________________Requested Delivery Date:__________________________________

Is this sale taxable? (circle one) Yes No (If the order is non-taxable, a tax exempt certificate for the “ship to” state must be submitted with this order).

Please Return One Signed Copy of This Quotation On Acceptance. Merchandise delivered or shipped is due and payable to: Watertronics LLC, 525 Industrial Drive, P.O. Box 530, Hartland, WI 53029-0530.

Fax number: 262-367-5551 Phone 262-367-5000.

B I L L T O I N F O R M A T I O N :

Company Name:__________________________Phone:_______________Fax:______________Email Address_________________

Billing Address:_______________________________City:_______________________State:______Zip Code:___________

Contact Name (Print):________________________________Title:____________________________________________

S H I P T O I N F O R M A T I O N :

Company Name:________________________________Phone:________________________Fax:________________________

Shipping Address:_______________________________City:_______________________State:______Zip Code:_________

Contact Name (Print):________________________________Title: ________________________Phone :___________________

Thank you for the opportunity to quote on your pump station needs. If you have any questions or require further information, please call us at 262-367-5000.

Subj: Bennett Valley
Date: 5/12/2014 12:37:23 P.M. Pacific Da ylight Time
From: [email protected]
To: [email protected]

Page 1 of 1 ends

Monday, May 12, 2014 AOL: DaveBigler

Wireline

Radio

Weather Station Wireless and Solar $13,500

Handheld Radio: Base Station, Radios, Antennae, Cables, FCC License, and Site Survey $11,000

Lynx Central Computer: $40,000

Let me know if you have any questions

Ryan Wilson, SCPS
Turf Star, Inc.

Irrigation Sales & Service
Direct: 510-266-4824
Office: 800-585-8001 x4824
Fax: 510-785-3576
[email protected]

201-16P6M3 $2505
201-24P6M3 $2970
201-32P6M3 $3435
201-40P6M3 $3900
201-48P6M3 $4365
201-56P6M3 $4830
201-64P6M3 $5295

201-24P6R3 $3990
201-32P6R3 $4455
201-40P6R3 $4920
201-48P6R3 $5385
201-56P6R3 $5850
201-64P6R3 $6315
Item Quantity
1 Mobile Dry Storage Shelving 1
2 Two Compartment Walk-in Refrigerator 1
3 Mobile Freezer Storage Shelving 1
4 Mobile Refrigerator Storage Shelving 1
5 Cube Ice Machine 1
6 Handsink 2
7 Mobile Slicer Stand 1
8 Food Slicer 1
9 Mobile Mixer Stand 1
10 20 Quart Mixer 1
11 Work Table with Prep Sinks 1
12 Wall Mounted Shelf and Utensil Rack 1
13 Mobile Dish Dolly 2
14 Clean Dish Table/Utensil Sinks and Drain Boards 1
15 Single Tank Door Type High Temp Dishwasher 1
16 Scrap Collection System 1
17 Wall Mounted Hose Reel 1
18 Table Mounted Cup/Glass Rack Shelf 1
19 Twin Deep Fat Fryer with Base Cabinet 1
20 Griddle Top Range with Convection Oven 1
21 Salamander Broiler 1
22 Under Fired Broiler with Convection Oven 1
23 Open Burner Range with Convection Oven 2

RESTAURANT INVENTORY
Exhibit I
Item Quantity
24 Refrigerated Work Counter with Cold Rail 2
25 12" x 20" hot food well unit with drain 2
26 Microwave Oven 1
27 Wall Mounted Shelf and Cabinet 1
28 Waitress Counter with Sink 1
29 Dipper Well 1
30 Ice Cream Cabinet 1
31 Single Section Reach-In Refrigerator 1
32 Hot Dog Grill and Bun Warmer 1
33 Two Section Under Counter Refrigerator 2
34 Three Section Back Bar Refrigerator 1
35 Wall Mounted Shelf 1
36 Two Section Back Bar Refrigerator 1
37 Rational Oven Model SCC GIG 1/2008 1
38 Prep table 1
39 6 burner oven 1
40 2 compartment Fridge 1
41 Freezer 1
42 heated Banquet Cabinets 2
43 Tents 3
44 Rolling Stand 1
48 Glass shelves (in bar) 1
49 String lights (Restaurant Area) 1
50 Wall mounted AC Unit (Office near Kitchen) 1
51 Small Conex Box with roll up doors (area next to
cell equipment) 1
52 Artwork 8
53 Banquet Centerpieces 24
54 Banquet Chairs 170
Item Quantity
55 Banquet Tables 28
56 Bar Stools 46
57 Copper Foyer Tables 60" 2
58 Copper Foyer Tables 30" 2
59 Copper Foyer Table 42" 1
60 Copper Mirrors 2
61 Hat Rack 1
62 Dance Floor 1
63 Draft Tower 1
64 Foyer chairs 8
65 Grill Chairs 96
66 Grill Tables 32
67 Iron Console 1
68 Iron Mirror 1
69 Legends at BV sign 1
70 Liquor Cage 1
71 Live Plants and Pots 1
72 Office Desk 1
73 Office Chairs 6
74 Office Hutch 1
75 Office Filing Cabinet 2
76 Office Built-ins 1
77 Patio Cushions 90
78 Patio chairs 90
79 Patio seating groups 3
80 Patio Heaters and Propane Tanks 8
81 Patio Tables 28
82 Patio Umbrellas and Bases 12
83 Portable Bar 1
84 Safe 1
85 Satellite TV HD receivers 12
86 Satellite TV equipment 1
87 TV-42" 5
Item Quantity
88 TV-52" 7
89 TV-15" 1
90 Banquet Buffet Table Décor 1
91 BBQ 1
92 Beverage Cart 1
93 China 1
94 Cigar Humidor 1
95 Glassware 1
96 Hot Dog Machine 1
97 Office Computers 5
98 Office Copier 1
99 Office Fax/Printers 3
100 Patio Umbrella Lights 12
101 Phones system 1
102 Plateware 1
103 POS System- Stations 4
104 POS System- Handhelds 3
105 Silverwear 1
106 Small equipment and furniture 1
107 Special Boards and Banquet Easels 1
108 Utensils (pots, pans, bar equip) 1
109 Banquet Table Skirting 1
110 Hand Truck 1
111 Ladders 1
112 Reserve Banquet Software 1
113 Server Pagers 1
114 Tool Box and Tools 1
115 US & California flags and stands 1

Fleet Services
W105 - Asset List 2/22/2022
11:31:26 AM
p.1

ASSET ID FINANCIAL

REFERENCE
NUMBER

ACQUIRE LIFE LIFE

YEAR-MAKE-MODEL SERIAL NUMBER LICENSE DEPARTMENT STATUS DATE C URRENT REMAINING CLASS: Sprayer, Turf Care, Self-Powered - E33
33509 11867 2005 SMITHCO Spray Star 1600P SS1107 n/a Municipal Golf Course [390002]
A 04/15/2005 203 -107
33902 11872 1999 SMITHCO Spray Star 1600 868 n/a Municipal Golf Course [390002]
A 06/30/1999 273 -177
CLASS TOTALS: Sprayer, Turf Care, Self-Powered - E33 ASSET ID COUNT: 2 TOTALS: 238 - 142 CLASS: Motorized Cart, 1-2 Passenger - E3A
33111 12259 2011 JOHN DEERE GATOR 1M04X2XCTBM070052 N/A Municipal Golf Course [390002]
A 01/31/2012 122 -26
33314 11850 2003 TORO Workman 3200 230000219 N/A Municipal Golf Course [390002]
A 06/30/2003 225 -129
33609 11849 2006 TORO Workman 3200 07361-260000312 N/A Municipal Golf Course [390002]
A 04/28/2006 191 -95
33703 11852 2007 TORO Workman 07277270000925 N/A Municipal Golf Course [390002]
A 08/03/2007 175 -79
33802 11853 2008 TORO Workman 280000128 N/A Municipal Golf Course [390002]
A 01/22/2009 158 -62
33803 11861 2008 TORO Workman 280000129 N/A Municipal Golf Course [390002]
A 01/22/2009 158 -62
CLASS TOTALS: Motorized Cart, 1-2 Passenger - E3A ASSET ID COUNT: 6 TOTALS: 172 - 76 CLASS: Trailer, Util Bdy - FP0
28707 2007 IRON EAGLE TRAILER (IRON EAGLE) 5L6FC10A97F001459 1356770 Municipal Golf Course [390002]
A 01/01/2007 182 -182
CLASS TO TALS: Trailer, Util Bdy - FP0 ASSET ID COUNT: 1 TOTALS: 182 -182 CLASS: Farm Tractor - J10
27101 12262 2011 KIOTI DK45SE LT6600010 N/A Municipal Golf Course [390002]
A 02/09/2012 121 -25
27103 12262 2011 KIOTI DK45SE LT6600010 EIN
RW8A77
Municipal Golf Course
[390002]
A 01/01/2011 134 -134
27404 11868 2004 KIOTI LK3054 D26500097 EIN
XH7B85
Municipal Golf Course
[390002]
A 06/11/2004 213 -117
27602 11856 1996 KUBOTA M4700 10743 EIN
HU3N37
Municipal Golf Course
[390002]
A 07/16/1996 308 -212
27705 11864 2007 JOHN DEERE 2520 LV2520H307936 EIN
KH6W65
Municipal Golf Course
[390002]
A 09/28/2007 174 -78
27802 11857 1986 KUBOTA L3350HDT 50386 EIN
DF3P38
Municipal Golf Course
[390002]
A 08/12/1986 427 -331
C
LASS TOTALS: Farm Tractor - J10 ASSET ID COUNT: 6 TOTALS: 230 -150 CLASS: Rake, Sand, Riding - J60
33102 11871 2001 SMITHCO Super Star 4574 N/A Municipal Golf Course A 08/17/2001 247 -151 [390002]
33706 11851 2007 JOHN DEERE 1200 TC1200H035540 n/a Municipal Golf Course [390002]
A 05/07/2009 154 -58
C
LASS TOTALS: Rake, Sand, Riding - J60 ASSET ID COUNT: 2 TOTALS: 201 -105 CLASS: Mower, Deck, Riding - K11
33511 13042 2015 KUBOTA GHZ-534157 6420660 n/a Municipal Golf Course [390002]
A 05/07/2015 82 14
33605 151073 2006 JOHN DEERE 1435 SERIES II TC1435D060127 EIN EJ4R64 Municipal Golf Course [390002]
G 05/31/2006 190 -122
CLASS TO TALS: Mower, Deck, Riding - K11 ASSET ID COUNT: 2 TOTALS: 136 -54 CLASS: Mower, Deck, Pull Behind - K12
37200 12274 2012 LASTEC 721XR 41511111 n/a Municipal Golf Course [390002]
A 02/17/2012 121 23
CLASS TOTALS: Mower, Deck, Pull Behind - K12 ASSET ID COUNT: 1 TOTALS: 121 23 CLASS: Mower, Fairway, Self-propelled, Lightweight - K16 33001 14271 2020 Ventrac 4500Y AN13281 None Municipal Golf Course [390002]
A 11/24/2020 16 80
33407 11855 2004 NATIONAL Triplex 8208 n/a Municipal Golf Course [390002]
A 09/03/2004 210 -114
33409 138693 1994 NATIONAL Triplex 3120 N/A Municipal Golf Course [390002]
A 05/06/1994 334 -238
CLASS TOTALS: Mower, Fairway, Self-propelled, Lightweight - K16 ASSET ID COUNT: 3 TOTALS: 187 - 91 CLASS: Mower, Fairway, Self-Propelled - K17
33510 13041 2015 JACOBSEN Tri-King 6714601711 N/A Municipal Golf Course A 05/31/2015 82 14 [390002]
ATTACHMENT 6
Exhibit J
Fleet Services
W105 - Asset List 2/22/2022
11:31:26 AM
p.2

ASSET ID FINANCIAL

REFERENCE
NUMBER

ACQUIRE LIFE LIFE

YEAR-MAKE-MODEL SERIAL NUMBER LICENSE DEPARTMENT STATUS DATE CURRENT REMAINING

CLASS: Mower, Fairway, Self-Propelled - K17

33709 11863 2007 TORO 5610 270001040 EIN
AT9P95
Municipal Golf Course
[390002]
A 11/30/2007 172 -76
33901 11862 2009 JOHN DEERE 757 2TR TC0757A040551 n/a Municipal Golf Course [390002]
A 06/09/2006 189 -93
33906 11858 2009 JACOBSEN LF3800 679591676 EIN
MD3X88
Municipal Golf Course
[390002]
A 10/08/2009 149 -53
CLASS TOTALS: Mower, Fairway, Self-Propelled - K17 ASSET ID COUNT: 4 TOTALS: 148 -52

CLASS: Mower, Golf Green, Riding - K19

33201 138027 1992 JACOBSEN T422D 66132-4600 NO TAG Municipal Golf Course [390002]
A 02/14/1992 361 -217
33205 12283 2012 JOHN DEERE 2500E Hybrid 1TC24EHGHCT060060 N/A Municipal Golf Course [390002]
A 01/31/2012 122 -26
33206 12284 2012 JOHN DEERE 2500E Hybrid 1TC25EHGCBT060004 N/A Municipal Golf Course [390002]
A 01/31/2012 122 -26
33302 11846 2003 JACOBSEN Greens Mower DN000356 N/A Municipal Golf Course [390002]
A 06/30/2003 225 -129
33303 11847 2003 JACOBSEN Greens Mower DN000355 N/a Municipal Golf Course [390002]
A 06/30/2003 225 -129
33701 11865 2007 JOHN DEERE 2500B TC250BG010257 N/A Municipal Golf Course [390002]
A 09/28/2007 174 -78
33801 11859 2008 JOHN DEERE 2500B C250BG020415 N/A Municipal Golf Course [390002]
A 02/05/2009 157 -61
CLASS TOTALS: Mower, Golf Green, Riding - K19 ASSET ID COUNT: 7 TOTALS: 198 -95

CLASS: Mower, Reel, Tee, Riding - K31

33204 12273 2012 JOHN DEERE 2500E Hybrid 1TC25EHGLBT060024 n/a Municipal Golf Course [390002]
A 01/31/2012 122 -26
33601 11866 2006 JOHN DEERE 2500A TC250AG040025 N/A Municipal Golf Course [390002]
A 04/04/2006 191 -95
CLASS TOTALS: Mower, Reel, Tee, Riding - K31 ASSET ID COUNT: 2 TOTALS: 157 -61

CLASS: Mower, Golf Green, Self-Propelled, Walk Behind - K42

33101 11854 2001 JACOBSEN Greens Mower 62280 N/A Municipal Golf Course A 08/17/2001 247 -151 [390002]
CLASS TOTALS: Mower, Golf Green, Self-Propelled, Walk Behind - K42 ASSET ID COUNT: 1 TOTALS: 247 -151

CLASS: Attachment, Mower, Reel, Vertical Cut - K45
CLASS TOTALS: Attachment, Mower, Reel, Vertical Cut - K45 ASSET ID COUNT: 1 TOTALS: 82 14

CLASS: Aerator, Pull - K70

37610 151018 2006 PLANETAIR Aerator 5031461 n/a Municipal Golf Course [390002]
A 02/03/2006 193 -97
CLASS TOTALS: Aerator, Pull - K70 ASSET ID COUNT: 1 TOTALS: 193 -97

CLASS: Aerator, Turf Care, Self-powered - K74

33202 138026 1992 JACOBSEN T1224 82559-1733 Municipal Golf Course [390002]
A 02/14/1992 361 -277
33315 11869 2005 TORO Aerator 230000152 n/a Municipal Golf Course [390002]
A 06/30/2003 225 -129
CLASS TOTALS: Aerator, Turf Care, Self-powered - K74 ASSET ID COUNT: 2 TOTALS: 293 -203

CLASS: Top Dresser - NB1

33000 136933 1990 TURFCO Meter Matic III 98862 n/a Municipal Golf Course [390002]
A 06/29/1990 381 -285
37103 11870 2001 DAKOTA Turf Tender 410 FL17101301 n/a Municipal Golf Course [390002]
A 09/21/2001 246 -150
37104 11097 2011 TURFCO CR-10 Topdresser N00663/M00508 n/a Municipal Golf Course [390002]
A 05/11/2011 130 -34
CLASS TOTALS: Top Dresser - NB1 ASSET ID COUNT: 3 TOTALS: 252 -156

CLASS: Grinder, Reel - TL4
CLASS TOTALS: Grinder, Reel - TL4 ASSET ID COUNT: 1 TOTALS: 121 23 37507 13043 2015 JOHN DEERE Verticut JD2500 TA3J0252722-23-24 n/a Municipal Golf Course A 05/07/2015 82 14 [390002]

43201 12271 2012 Foley United Accu- Pro 632 11L63201232 n/a Municipal Golf Course A 02/09/2012 121 23 [390002]

Fleet Services
W105 - Asset List 2/22/2022
11:31:26 AM
p.3

ASSET ID FINANCIAL

REFERENCE
NUMBER
CLASS: Grinder, Bedknife - TL5

ACQUIRE LIFE LIFE

YEAR-MAKE-MODEL SERIAL NUMBER LICENSE DEPARTMENT STATUS DATE CURRENT REMAINING

43202 12272 2012 Foley United Accu-Pro 660 11L66001427 n/a Municipal Golf Course [390002]
A 02/09/2012 121 23
CLASS TOTALS: Grinder, Bedknife - TL5 ASSET ID COUNT: 1 TOTALS: 121 23

ASSET LIFE

CURRENT REMAINING
REPORT TOTALS: ASSET ID COUNT: 46 192 -97

Touchstone Operations and Maintenance
Management Agreement
Final Audit Report 2022-06-30
Created: 2022-06-30
By: Alisa Rawson ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAlCy4NuvYM0QtVlF-nOdoYZCwm73ZNyAr "Touchstone Operations and Maintenance Management Agreem ent" History
Document created by Alisa Rawson ([email protected])
2022-06-30 - 11:47:14 PM GMT
Document emailed to Stephen Harker ([email protected]) for signature 2022-06-30 - 11:49:05 PM GMT
Email viewed by Stephen Harker ([email protected]) 2022-06-30 - 11:50:34 PM GMT
Document e-signed by Stephen Harker ([email protected]) Signature Date: 2022-06-30 - 11:51:16 PM GMT - Time Source: server Document emailed to Mark Luthman ([email protected]) for signature 2022-06-30 - 11:51:25 PM GMT
Email viewed by Mark Luthman ([email protected]) 2022-06-30 - 11:51:41 PM GMT
Document e-signed by Mark Luthman ([email protected]) Signature Date: 2022-06-30 - 11:52:22 PM GMT - Time Source: server Document emailed to Jessica Mullan ([email protected]) for signature 2022-06-30 - 11:52:31 PM GMT
Document e-signed by Jessica Mullan ([email protected]) Signature Date: 2022-06-30 - 11:54:10 PM GMT - Time Source: server Document emailed to Jason Nutt ([email protected]) for signature 2022-06-30 - 11:54:19 PM GMT

Email viewed by Jason Nutt ([email protected])
2022-06-30 - 11:55:02 PM GMT
Document e-signed by Jason Nutt ([email protected])
Signature Date: 2022-06-30 - 11:55:34 PM GMT - Time Source: server Document emailed to Alisa Rawson ([email protected]) for filling 2022-06-30 - 11:55:43 PM GMT
Form filled by Alisa Rawson ([email protected])
Form filling Date: 2022-06-30 - 11:57:15 PM GMT - Time Source: server Agreement completed.
2022-06-30 - 11:57:15 PM GMT

Santa Rosa City CouncilDecember 6, 2022

Santa Rosa City Council
December 6, 2022