04 - Laserfiche WebLink

Attachment 1 EXTENSION OF OPERATOR AGREEMENT This Extension of Operator Agreement ("Extension") is entered into 2016 by the City of Pleasanton ("City") and Lifetime Tennis, Inc. (D:A Lifetime Activities), a California corporation ("Lifetime"). Whereas, on January 1, 2011 the City and Lifetime entered into an Operator Agreement for tennis services, amended by the First Amendment dated September 30, 2015 (collectively the "Agreement"); and Whereas, the City has been satisfied with the services provided by Lifetime at the Pleasanton Tennis and Community Park(the "Park") and other sites in the community; and Whereas,the parties desire to extend the term of the Agreement for seven(7)years,specify compensation during such extension,have compensation alternatives depending upon whether two additional courts are constructed and put into service by 2018, and amend the Agreement to provide for new Park improvements, marketing, and additional services and opportunities for new programs to be provided by Lifetime. NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: A. Section 1.0 Definitions, Subsection 1.06 Facilities, is amended to provide: " "Facilities" are the twelve (12) outdoor courts, bleachers, the administrative building with restrooms, and a clubhouse at the Pleasanton Tennis and Community Park("Facilities")." This change in definition shall go into effect when the two new lighted courts are constructed at the Park and accepted as complete by the City's Council. B. Section 3.05 Improvements is amended to add a new Subsection 3.05.1 Shade Structure as follows: 3.05.1 City shall purchase, cause to be installed, and maintain a new shade structure on the north side of Court#10 at the Park by December 31, 2018. City shall have the discretion to select the shade structure and installation location, and may consult with Lifetime. C. Section 3.05 Improvements is amended to add a new Subsection 3.05.2 Improvements provided by Lifetime as follows: 3.05.2 Lifetime shall purchase and cause to be installed Twenty-Five Thousand Dollars ($25,000) worth of new improvements to the Facilities by December 31, 2018, which improvements are subject to City staff administrative approval. Lifetime agrees that the improvements provided for in this Section 3.05.2 are not considered Improvements qualifying for any Rent Abatement as described in Section 7.01. Page 1