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ATTACHMENT 1 Operator Agreement between The City of Pleasanton and Lifetime Tennis, Inc. This Agreement between the City of Pleasanton and Lifetime Tennis, Inc. ( "Agreement ") is entered into this 1st day of January 2011, by and between the City of Pleasanton ( "CITY "), a municipal corporation, and Lifetime Tennis, Inc., a California S -Corp. ( "LIFETIME TENNIS "). RECITALS A. Within Pleasanton Tennis and Community Park ( "Park "), the City owns tennis facilities, including ten (10) outdoor courts, clubroom and the administration building ( "Facilities "). B. CITY desires to utilize the services of LIFETIME TENNIS to schedule courts, teach group and private tennis lessons, conduct tournaments and socials, organize leagues, operate a retail /pro shop, wash the courts at least twice a month and undertake other related tennis services. C. LIFETIME TENNIS represents that it has the necessary experience and qualifications to provide these services and has submitted a proposal dated June 11, 2010, which is attached as Exhibit B and incorporated only to the extent consistent with this Agreement. D. CITY and LIFETIME TENNIS agree that the primary objectives for LIFETIME TENNIS's performance under this Agreement are to ensure high quality tennis programs and to generate revenues sufficient for operations. NOW, THEREFORE, in consideration for the mutual promises set forth, the parties hereto agree to as follows: 1.0 DEFINITIONS. The following terms shall be defined as follows for the purposes of this Agreement: 1.01 Annual Plan. "Annual Plan" is defined in Section 3.06. 1.02 City. "City" is the City of Pleasanton and owner of the Facilities. 1.03 Director. "Director" is CITY's Director of Community Services, or his or her designee. 1.04 Effective Date. "Effective Date" is defined in Section 2.01. 1.05 Executive Director. "Executive Director" is the owner of Lifetime Tennis, Inc., who is Dana Gill. 1