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3.06.2 Contents of the Annual Plan. The Annual Plan shall include: <br /> <br /> a) Preliminary operating budget, showing expenses and Gross Revenues for <br />the Facilities for the previous year and estimates for the next Operating Year and for CITY's <br />two-year budget; and <br /> <br /> b) Price list/fee schedule for goods and services to be provided to the <br />public; <br /> c) Marketing and Promotion Plan for the Facilities including a report of <br />activities undertaken during the current year as well as projections for the next Operating Year; <br /> d) A list of all third-party contracts/agreements related to Facilities; and <br /> e) Any suggestions for improvements to the program or Facilities. <br /> <br /> 3.06.3 Quarterly Review of Annual Plan. The Director or designee and the Executive <br />Director and Tennis Professional shall meet quarterly and discuss the operating results of the <br />Facilities. The parties shall agree upon any amendments or revisions to the Annual Plan to take <br />into consideration variables or events that did not exist, or could not be anticipated by <br />LIFETIME TENNIS or CITY, at the time the Annual Plan was prepared. Any revisions to the <br />Annual Plan shall require approval of the Director, who in his sole and absolute discretion may <br />require further approval by the Parks and Recreation Commission and/or City Council. <br /> <br />3.07 No Assignment. LIFETIME TENNIS acknowledges that CITY is entering into this <br />Agreement in reliance on the unique skill and experience of LIFETIME TENNIS and its <br />employees. LIFETIME TENNIS shall not subcontract or assign all or any part of its right or <br />obligations under this Agreement, unless approved in writing in advance by Director. Any <br />change in the control of LIFETIME TENNIS, including, without limitation, any transfer or <br />acquisition of a controlling percentage of LIFETIME TENNIS's equity or stock shall constitute <br />an assignment for purposes of this Agreement. <br /> <br />4.0 LIFETIME TENNIS'S SERVICE OBLIGATIONS. <br /> <br />4.01 Tennis Professional Services. LIFETIME TENNIS shall sell, rent, and repair tennis <br />equipment; provide inventory and assist customers with purchases of tennis-related clothing <br />and items; provide private and group instructional services; organize leagues; schedule and <br />supervise tournaments and other special events; and resolve any tennis-related complaints. <br />Such services shall be provided by or under the direct supervision of the Tennis Professional, <br />pursuant to the terms of this Agreement and overall policies of the CITY. CITY staff shall <br />register classes and shall handle all financial transactions through the CITY's cash register. <br /> <br />4.02 Pro Shop and Merchandise. The Pro Shop shall be open when the Facilities are open. <br />There shall be a representative of LIFETIME TENNIS to answer questions and address <br />customer concerns in the Pro Shop during all hours of operation. LIFETIME TENNIS shall <br />procure and maintain in the Pro Shop such inventory of tennis merchandise as deemed <br />appropriate to adequately meet public demand. At a minimum, inventory shall include: Junior <br />tennis racquets (21", 23", 25", 26"); Adult Demo racquets (20-30 available); 1 size run of <br /> <br /> <br />