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that it is authorized to transact business in the State of Califomia and that all of LIFETIME <br />TENNIS's employees, and subcontractors if approved, are properly licensed and trained for <br />their respective positions and responsibilities. <br /> <br />3.04 Premises. <br /> <br /> 3.04.1 CITY's Right of Possession. This Agreement does not constitute a lease and the <br />right of possession of the Park and Facilities shall at all times remain with CITY. CITY and its <br />authorized representatives shall have the right to enter the Facilities at any time without notice <br />and for any purpose, including, without limitation, during the term of the Agreement. CITY <br />reserves the right to establish, grant or utilize easements or rights-of-way over, under, along <br />and across the Facilities. <br /> <br /> 3.04.2 Condition of Premises. LIFETIME TENNIS acknowledges that, except as <br />expressly set forth in this Agreement, CITY has made no representations or wan'anties <br />concerning the condition of the Facilities. <br /> <br /> 3.04.3 Reservation of Facilities. CITY reserves the right to use the Facilities for events <br />with sufficient notice to LIFETIME TENNIS. LIFETIME TENNIS may schedule use of the <br />clubroom with the CITY in advance of the public (which may book the clubroom nine (9) <br />months in advance), but will not have the ability to bump a CITY use of the clubroom or a <br />properly scheduled public use of the clubroom. <br /> <br /> 3.04.4 Public Use. LIFETIME TENNIS acknowledges that the Facilities are located in <br />Park. LIFETIME TENNIS shall treat all who enter Facilities with consideration and courtesy. <br /> <br /> 3.04.5 Notification to CITY of Defect or Illegal Activity. LIFETIME TENNIS shall <br />immediately notify CITY upon discovering a possible workmanship or material defect in any <br />structure or improvement on the Facilities or upon discovery of any unauthorized or illegal <br />dumping, disposal, use or activity at the Facilities or Park. <br /> <br />3.05 Parking Lot Joint Use. LIFETIME TENNIS acknowledges that the parking lot at the <br />Park is a joint use facility used both by patrons of the Facilities and by persons accessing the <br />Park. LIFETIME TENNIS shall reasonably observe the parking lot and promptly report to <br />CITY any improper or illegal conduct. <br /> <br />3.06 AnnualPlan. <br /> <br /> 3.06.1 Preparation of the Annual Plan. LIFETIME TENNIS shall submit to Director <br />for approval the Annual Plan for the Facilities for the next Operating Year ("Annual Plan") by <br />February 1st prior to the start of each Operating Year. <br /> <br /> 4 <br /> <br /> <br />