CITY OF SUNNYVALE
Department of Parks and Recreation
December 10, 2003 

 

 

 

TO:	Honorable Mayor and City Councilmembers Parks and Recreation Commissioners
THROUGH:	Robert S. LaSala, City Manager
FROM:	Robert A. Walker, Director of Parks and Recreation
SUBJECT:	Transfer of Tennis Center License Agreement

 

On November 11, 2003, City Council authorized the City Manager to pursue the transfer of an existing license agreement to operate the Sunnyvale Tennis Center from Jan Young to Brian Garrow (RTC 03-380). The current license agreement (which remains in effect until January 1, 2012) allows for such a transfer under specific conditions and subject to Council approval.

This is simply to inform you that the transfer authorized by City Council has not yet taken place, given a desire by Mr. Garrow to have the license assigned to his corporation rather than to him personally. The existing license is held by Mr. Young, and the terms of that agreement allow him to transfer the existing license agreement, which is with an individual, not a corporation. This issue was discussed on more than one occasion with Mr. Garrow prior to staff recommending that Council authorize the transfer of license. Unfortunately, Mr. Garrow only recently realized the significance of this issue to him, and the fact that further Council approval would be required were the City to recommend such a change to the existing agreement. While staff supported—and Council approved—several minor changes to take effect should the license transfer to Mr. Garrow, an additional change of this nature would require that staff return to Council for its approval.

Staff would still like to see Mr. Garrow operate the Sunnyvale Tennis Center and hope that a mutually beneficial arrangement can still be made. Mr. Garrow’s attorney is currently working with the City to explore possible changes in language which would satisfy both parties. However, it does not appear that a license transfer will be made effective January 1, 2004, as previously thought.

In the meantime, this will not effect service delivery to the public in any way. The current licensee remains Jan Young, and he will continue to operate the Sunnyvale Tennis Center until his license expires on January 1, 2012, or until a transfer of his license is made consistent with the terms of the existing license agreement, including Council approval. Under these circumstances, Council may also wish to postpone its recognition of Mr. Young’s contributions to the City until such time as an actual transfer of license takes place.

Staff will keep you apprised of further developments regarding this matter.

RAW/ks

c:      Robert S. LaSala, City Manager

         Valerie Armento, City Attorney

         Curtis Black, Superintendent of Parks

         Cathy Merrill, Assistant to the Director

         Mr. Jan Young

         Mr. Brian Garrow