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BACKGROUND <br /> The City has contracted with Lifetime to operate and maintain the tennis facilities at the <br /> Tennis and Community Park since 2005. Lifetime has acted as the City's agent in all <br /> matters related to tennis operations including maintenance of the tennis complex, public <br /> restrooms, and courts; activity registration, court reservations, processing payments and <br /> handling all customer service matters; as well as tennis instruction, league coordination, <br /> and specialty classes and camps. <br /> This current agreement with Lifetime was entered into on January 1, 2011 (Attachment <br /> 2). This agreement provided for rental payments equal to 10% of all gross revenues, <br /> with a cap that increased annually. A First Amendment was approved on September 30, <br /> 2015 (Attachment 3); and an Extension of Service was approved on December 20, <br /> 2016 (Attachment 4). This Extension of Service modified the rental payment terms to <br /> fixed annual amounts, rather than a percent of revenue. A Second Amendment was <br /> approved on December 4, 2018 to update facility improvement responsibilities at the <br /> Tennis and Community Park (Attachment 5). <br /> Since the COVID-19 shutdown in mid-March 2020, Lifetime has made every effort to <br /> minimize the impacts of the pandemic on operations, while following all ACPHD <br /> guidelines. Lifetime applied for, received, and distributed the government sponsored <br /> Paycheck Protection Program allocation to retain its key staff members. Two months of <br /> full facility closure during the spring and limited summer operations (25% of normal) <br /> have caused Lifetime to fully deplete the federal monies, along with a significant portion <br /> of their reserve accounts. <br /> Lifetime was provided rent abatement and rent deferment through a Force Majeure <br /> event due to the COVID-19 pandemic, outlined in the original agreement, Section 13.03 <br /> (Attachment 2). Rent abatement was authorized during the facility closure from March <br /> 16, 2020 to May 28, 2020. Rent deferment was authorized from May 28, 2020 through <br /> December 31, 2020 (Attachment 6). <br /> The third amendment provided for a revenue split instead of rent payments for calendar <br /> year 2021 due to the impact of the COVID-19 pandemic and strict County guidelines for <br /> tennis operators (Attachment 7). <br /> DISCUSSION <br /> Lifetime has been an excellent partner, providing tennis leagues, classes/clinics/rentals, <br /> as well as expanded programming such as chess, pickleball, badminton and more. <br /> They are prepared to provide the same high quality of service to our community with <br /> bocce ball. <br /> Operational costs for staff-led bocce leagues were approximately $56,000 net annually <br /> (after revenues collected from participants), compared with the $19,320 payment to <br /> Lifetime. Lifetime will expand programming for the community and reduce operational <br /> costs for the City. <br /> Page 2 of 3 <br />