Operation and Management. (A) Lessee will make the Improvements and operate the Premises, and offer individual, couples and family memberships, along with a wide variety of instructional, competitive, social and camp programs for adults and children. An indoor season shall be conducted from September 15th to May 7th of the following year, inclusive of the time needed to inflate and remove the air-structures annually (approximately one week in each case) (the “Indoor Season”). (B) The Facilities’ hours of operation will be from 7:00 am until 11:00 pm, Mondays through Fridays, and 7:00 am until 10:00 pm, Saturdays and Sundays, with the right to stay open until 1:00 am for special events, tournaments, etc. with the prior written approval of the Town, not to be unreasonably withheld, conditioned or delayed. (C) Lessee shall adhere to the fee schedule and resident discounts set forth in Exhibit “C” annexed hereto and made a part of this Lease. Lessee may only increase fees for programs, court-time and services by greater than ten (10%) percent per Lease Year if Lessee has submitted documentation and/or information to the Town reasonably demonstrating to the Town the economic need for a greater than 10% increase in rates and if the Town approves such increase in rates not to be unreasonably withheld. Lessee may increase junior and adult individual membership fees by up to $5 in each Lease Year, couple membership fees by up to $10 in each Lease Year and family membership fees by up to $15 in each Lease Year without the prior approval of the Town. Any permitted membership fee increase not taken in a given year may be accrued and added to the permitted increase in any future year. Lessee shall provide written notice to the Town of pricing increases, for which Town approval is not required, prior to their taking effect. At no time shall any fee increases to Town residents be at a percentage greater than any fee increases to non-residents. (D) Lessee shall adequately staff the Facilities during all business hours with personnel appropriate in number and experience to provide professional services to those who use the Facilities, including professional instructors on site to meet customer demand. (E) Lessee shall provide the Town with the contact information for on-site management and principals/executives of Lessee who can be contacted for emergencies twenty-four hours per day, seven days per week. (F) A pro-shop shall be open during the Facilities’ hours of operation, as set forth in Paragraph (B) of this Section. Lessee reserves the right to modify pro-shop hours of operation. (G) All lights at the Premises, except for security, emergency and work lights, shall be extinguished within one hour after the Premises are closed for business each night and shall be installed in a way to reasonably minimize light spray to any residential home, to the extent feasible. (H) Lessee will make best efforts provide no less than the following at the Facilities in each Lease Year, inclusive of that provided by Lessee during the Outdoor Season immediately following each Lease Year if Lessee is the lessee under the Outdoor Lease: (i) 500 community programming court hours for Town residents; (ii) Full and partial needs-based scholarships, valued at $250,000, for youth residents of the Town who lack the financial resources to participate in programs at the Facilities otherwise. Lessee will work cooperatively with the Town Parks & Recreation Department to determine the nature of the community programming hours and the targeted participants, e.g. youth, individuals with disabilities and senior citizens, and to identify eligible youth scholarship recipients. The foregoing notwithstanding, the days and times of any community programming hours, and program days and hours for which partial or full scholarships are awarded, shall be at ▇▇▇▇▇▇’s sole discretion.
Appears in 1 contract
Sources: Lease Agreement
Operation and Management. (A) Lessee will make the Improvements and operate the Premises, and offer individual, couples and family memberships, along with a wide variety of instructional, competitive, social and camp programs for adults and children. An indoor outdoor season shall be conducted from May 8th through September 15th to May 7th 14th of the following year, inclusive of the time needed to inflate and remove the air-structures annually (approximately one week in each case) same year (the “Indoor Outdoor Season”).
(B) The Facilities’ hours of operation will be from 7:00 am until 11:00 pm, Mondays through Fridays, and 7:00 am until 10:00 pm, Saturdays and Sundays, with the right to stay open until 1:00 am for special events, tournaments, etc. with the prior written approval of the Town, not to be unreasonably withheld, conditioned or delayed.
(C) Lessee shall adhere to the fee schedule and resident discounts set forth in Exhibit “CB” annexed hereto and made a part of this Lease. Lessee may only increase fees for programs, court-time and services by greater than ten (10%) percent per Lease Year if Lessee has submitted documentation and/or information to the Town reasonably demonstrating to the Town the economic need for a greater than 10% increase in rates and if the Town approves such increase in rates not to be unreasonably withheld. Lessee may increase junior and adult individual membership fees by up to $5 in each Lease Year, couple membership fees by up to $10 in each Lease Year and family membership fees by up to $15 in each Lease Year without the prior approval of the Town. Any permitted membership fee increase not taken in a given year may be accrued and added to the permitted increase in any future year. Lessee shall provide written notice to the Town of pricing increases, for which Town approval is not required, prior to their taking effect. At no time shall any fee increases to Town residents be at a percentage greater than any fee increases to non-residents.
(D) Lessee shall adequately staff the Facilities during all business hours with personnel appropriate in number and experience to provide professional services to those who use the Facilities, including professional instructors on site to meet customer demand.
(E) Lessee shall provide the Town with the contact information for on-site management and principals/executives of Lessee who can be contacted for emergencies twenty-four hours per day, seven days per week.
(F) A pro-shop shall be open during the Facilities’ hours of operation, as set forth in Paragraph (B) of this Section, subject to Section 1(C) above. Lessee reserves the right to modify pro-shop hours of operation.
(G) All lights at the Premises, except for security, emergency and work lights, shall be extinguished within one hour after the Premises are closed for business each night and shall be installed in a way to reasonably minimize light spray to any residential home, to the extent feasible.
(H) Lessee will make best efforts provide no less than the following at the Facilities in each Lease Year, inclusive of that provided by Lessee during the Outdoor Indoor Season immediately following Immediately Preceding each Lease Year if Lessee is the lessee under the Outdoor Indoor Lease:
(i) 500 community programming court hours for Town residents;
(ii) Full and partial needs-based scholarships, valued at $250,000, for youth residents of the Town who lack the financial resources to participate in programs at the Facilities otherwise. Lessee will work cooperatively with the Town Parks & Recreation Department to determine the nature of the community programming hours and the targeted participants, e.g. youth, individuals with disabilities and senior citizens, and to identify eligible youth scholarship recipients. The foregoing notwithstanding, the days and times of any community programming hours, and program days and hours for which partial or full scholarships are awarded, shall be at ▇▇▇▇▇▇’s sole discretion.
(I) If, during the Outdoor Season, the tennis or pickleball courts at the Facility are not in use by Lessee, Town Parks & Recreation Department permit holders may use the tennis and/or pickleball courts at the Outdoor Facility, on a first-come-first-served basis, in one (1) hour increments, at no additional cost to permit holders or the Town.
Appears in 1 contract
Sources: Lease Agreement