Proposed Changes to Tennis Center License Agreement
Proposed changes to the Las Palmas Tennis Center License Agreement dated January 1, 1997.
1. Remove name and/or address of former Licensee (Jan K. Young) and replace these with new Licensee (Brian M. Garrow). These changes are located on:
Page 1, paragraph 1.
Page 25 final paragraph.
Page 28, signature line.
2. Add words/definition to define “Contract Instructor”. “Contract Instructor” - Any person who secures a contract with Licensee for the express purpose of providing tennis instruction under authority of Licensee and in accordance with this License Agreement. This change is located on:
Page 1, SECTION 1. DEFINITIONS.
3. Add “Contract Instructors” to areas where Licensee’s employees are noted. Generally these are areas where Center staff are restricted from certain activities and/or are required to perform duties in accordance with the Agreement. These changes are located on:
Page 5, paragraph n.
Page 11, paragraphs B, B-1, B-2 and B-3.
4. Correct conflict in numbers of courts allowed for lessons at the Center. Change wording to; ”Not more than three courts shall be used at any one time for private lessons at the Tennis Center. There will be no court rental fee for Licensee’s use of the three designated courts at the Tennis Center. . . .” These two sentences were in conflict and past practice has been to allow up to three courts (not six) to be reserved for instructional purposes at the Center. This change is located on:
Page 5, paragraph n.
5. Alter hours when food services building must be open to the public. These services are not cost recovering and benefit of costs are not seen in extended hours of operation. Change to; “Keeping the food services facilities open to the public for those hours Licensee deems appropriate.” This change is located on:
Page 7, paragraph c.
6. Alter hours when a food services manager must be present and where the manager must be located on site. Change to; “Retaining during open hours for food services a manager authorized to represent . . .”. This change is located on:
Page 7, paragraph d.
7. Remove reference to City Council and/or fee resolution set by City Council and replace with Director of Parks and Recreation in those areas that reference periodic setting of tennis fees. In accordance with previous Council action, these fees are set administratively by the Director of Parks and Recreation. They are not specified within the City Fee Resolution approved by City Council. These changes are located on:
Page 9, paragraph b.
Page 17, paragraphs 14 and 15.
8. Remove the specific time of year (summertime) from the requirement that Licensee provide adequate numbers of instructors for the Center. Change to; “Providing enough competent instructors, as determined by registration lists, to minimize waiting lists;”. This change is located on:
Page 10, paragraph b-2.
9. Remove “littering” from the list of activities that employees must not do. Writers of the Agreement meant to say that “loitering” was prohibited. Staff sees that this was a typographical error and it is not necessary to state specifically the requirements not to litter or loiter. This change is located on:
Page 11, paragraph 3.
10. Delete wording that allows for transfer of the License Agreement. New language would be (Licensee shall not) Assign or transfer this License or any of the rights or privileges herein licensed, or any part thereof, voluntarily, involuntarily or by any process of law. This change is located on:
Page 14, paragraph D-7.
11. Delete paragraphs relative to amounts due in past years. These one-time amounts have been paid so retaining this language serves no purpose.
On page 17, delete paragraph B-1.
12. Provide wording to state that, when financial records and accounts materials are to be inspected by City, Licensee shall provide those records and materials within 48 hours’ notice. This change is located on:
Page 17, paragraph A.
13. Extend the time period that a Licensee has available to correct items that have caused a default from five (5) days to thirty (30) days. This change is located on:
Page 23 B-1.
This concludes the proposed changes to the Las Palmas Tennis Center License Agreement effective January 1, 2004.