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SR 05:097
City of Pleasanton
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SR 05:097
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5/12/2005 9:05:24 AM
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5/12/2005 8:59:16 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
5/17/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:097
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6.0 START-UP INVESTMENT. <br /> <br />6.01 Start-Up Supplies and Furnishings and Equipment. LIFETIME TENNIS has agreed <br />to procure additional Supplies, Furnishings and Equipment at the start of this Agreement term <br />to upgrade operations at the Facilities. These upgrades include Equipment for tennis play <br />(approximate cost of $12,000-$17,000) and Furnishings for the clubroom (approximate cost of <br />$6,000-$8,000), as described in LIFETIME TENNIS's proposal. These purchases shall be <br />approved in advance by CITY. <br /> <br />6.02. Use of Furnishings and Equipment. The Furnishings and Equipment purchased by <br />LIFETIME TENNIS shall remain the property of LIFETIME TENNIS, but shall be available <br />for general, public use throughout the term of the Agreement, including Furnishings in the <br />clubroom. CITY shall not be responsible for damage caused by such public use. <br /> <br />7.0 COMPENSATION. <br /> <br />7.01 Transactions. A CITY employee shall run all financial transactions through a point of <br />sale ("POS") system with the Pro Shop cash register. CITY shall deposit all cash and check <br />receipts daily. <br /> <br />7.02 Tips and Gratuities. LIFETIME TENNIS, its employees and approved subcontractors <br />shall not accept tips or gratuities. <br /> <br />7.03 Fixed Management Fee. Tennis Revenues are defined as: court rentals, lesson fees, <br />leagues fees, toumaments fees and ball hopper rentals ("Tennis Revenues"). Tennis Revenues <br />exclude Pro Shop Revenues. The fixed management fee to be paid to LIFETIME TENNIS <br />shall be 80% of the Tennis Revenues ("Fixed Management Fee"). Compensation to <br />LIFETIME TENNIS for lessons shall be based on the resident rate, regardless of a player's <br />resident or nonresident status. <br /> <br />7.04 Incentive Management Fee. In addition to the Fixed Management Fee, CITY shall <br />pay LIFETIME TENNIS an incentive fee equal to $2,500 for every $25,000 (not prorated) in <br />Tennis Revenues generated above $300,000 in an Operating Year, starting with the first <br />complete Operating Year beginning on July 1 (the "Incentive Management Fee"). <br /> <br />7.05 Pro Shop. LIFETIME TENNIS shall pay CITY a monthly rental for the Pro Shop of <br />$500 per month, with annual increases each Operating Year often percent (10%). LIFETIME <br />TENNIS shall be entitled to all of the revenues of the Pro Shop, including the sate of tennis <br />equipment and related items, food and beverages ("Pro Shop Revenues"). <br /> <br />7.06 Payment. <br /> <br /> 7.06.1 Payment of Incentive Management Fee. At the end of each month, LIFETIME <br />TENNIS shall submit a check request with acceptable documentation showing revenue for the <br />prior month, including Tennis Revenues. Within thirty (30) days of approval by CITY, <br /> <br /> 14 <br /> <br /> <br />
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