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Mr. Wolfe said no. The City has the ability each year, to extend this contract up to four additional years. Mr. Brozosky believed this clarification needed to be made to Sections 2.01 and 2.02 of the contract. Mr. Fialho pointed out that this is an annual contract and is subject to termination at the conclusion of each fiscal year. Mr. Brozosky inquired about the cancellation and default sections of the contract. He believed there were discrepancies between Section 2.01 and Section 11.01 of the contract as Section 11.01 included some penalties if the City did not renew this contract before the three- year term had been completed. Ms. McGovern pointed out that Section 2.01 of the contract did not state that this contract is subject to annual review. The contract states that the term of this agreement shall commence on May 4, 2005 and continue until July 1, 2005 and for four operating years after. Leonard Cooper, a Pleasanton resident, mentioned that currently tennis players could only make reservations for a court two days in advance. He asked if this could be changed. He noted that participation in the game of tennis is being a member of the USPTA Team. Pleasanton has three or four teams at the Tennis and Community Park that call it their "home." When it is Pleasanton's turn to host a match, three or four courts will need to be made available. Typically these tournaments are held on Saturday or Sunday mornings. He asked if reservations could be made in advance as soon as the schedule for the year is available? He supported the idea and the opportunity to form a Pleasanton Community Tennis Association, which would be a liaison between the tennis players and Lifetime Tennis, Inc. He referred to Section 7.03 of the contract, which states that compensation to Lifetime Tennis, Inc., for lessons shall be based on the resident rate, regardless of a player's resident or nonresident status. He asked if the extra revenue gained for nonresidents would remain with the City? Mr. Wolfe said yes. Tom Murphy, a Pleasanton resident, said his major concern was related to the term of the contract. He did not believe the contract allowed for an annual escape clause. He reiterated that the contract needed to be subject to an annual review, which would protect the City. He emphasized that USPTA league play is important to the community and many avid tennis players are involved, and there is an interest in protecting this type of play. He asked if staff conducted a background check on Lifetime Tennis, Inc? Mayor Hosterman closed the public comments. Mr. Wolfe said staff conducted a background on Lifetime Tennis, Inc. This company is based in Cupertino and Cupertino City staff had a positive experience with Lifetime Tennis Inc, in terms of the operation and service provided to the players. In response to an inquiry by Mr. Brezosky, Mr. Gill said 48 hours is typically the least amount of time offered from a reservation standpoint. Typically the maximum amount of time allowed for reservations is seven days. He was a proponent of allowing players to set their schedule. The way reservations are currently handled, needs to be reviewed and the community needs to be involved to see if as a majority, they want to see an extended time frame. He pointed out that the purpose of the two nonreservation courts is strictly for the Pleasanton City Council 16 05/17/05 Minutes