FOURTH AMENDMENT TO THE AGREEMENT FOR TENNIS FACILITY
MANAGEMENT SERVICES BETWEEN THE TOWN AND PLAYER CAPITAL TENNIS
This Fourth Amendment to the Tennis Facility Management Services Agreement by and between the Town of Atherton ("Town") and Player Capital Tennis (Contractor), is entered into as of the ______
th day of September, 2026, (“Effective Date”) by and between the Town and Contractor.
RECITALS
A. Town and Contractor are parties to that certain Agreement for Tennis Facility Management Services dated September 25, 2014, as amended on January 3, 2018, October 7, 2021, and September 27, 2023 ("Agreement"); and
B. The use and composition of the tennis facilities at Holbrook-Palmer Park have been shifting to accommodate pickleball use at the courts and the Town intends to further modify the courts to convert one court to full-time pickleball use and reconstruct the clay tennis court to a new hard court for tennis use.
C. Town and Contractor now desire to enter into this Fourth Amendment to better define and formalize expectations related to court usage by Player Capital Tennis and availability to the public.
NOW, THEREFORE, in consideration of the foregoing recitals and for good and valuable consideration, the parties hereby amend the Agreement as follows:
AGREEMENT
1. Term of Agreement – This amendment shall act as the written agreement of both parties to extend the term through the first 1-year “Extension Term” as authorized in the Third Amendment to the Agreement.
2. Exhibit A – Part B “RESERVATIONS PROCEDURES FOR PARK TENNIS COURTS” Shall be replaced with the following:
Contractor responsibilities:
1. Contractor will operate a website for making reservations court time at the HP Park tennis and pickleball courts for holders of Atherton Tennis/Pickleball court keys.
2. Reservations will be taken with the following priorities:
a. Contractor reservations:
i. Contractor court reservations may be made up to 10 days in advance of the date of use. Contractor shall be cognizant to maintain court availability for public use.
ii. Contractor shall limit reservations on weekend and holiday mornings (8 am
to 12 pm) to the clay tennis court and up to two hard tennis. Such reservations shall be made 10 days in advance of the date of use. Upon conversion of the clay tennis court to a hard tennis court, Contractor may reserve up to three hard tennis courts. b. Contractor shall promptly clear and open for public use any Contractor court reservations due to cancellations, expected absence, and other foreseeable reasons, as soon as practicable.
c. Atherton resident keyholders may reserve a tennis or pickleball court 7 days in advance of usage.
d. Non-resident keyholders may reserve a tennis or pickleball court 5 days in advance of usage.
e. Should Contractor begin to provide pickleball lessons, such instruction shall be restricted from peak periods and be limited to one pickleball court at any given time. Reservations shall be made no sooner than 7 days in advance of the day of use. All other courts shall remain open for public reservation and use. f. Until such time as the clay court is converted and the joint use court converted to permanent pickleball, Contractor shall maximize availability of the court for pickleball use by opening pickleball the courts to reservation if the court is not reserved for tennis use 4-days in advance.
3. Contractor controls master activity logs and checks to verify if dates/time requests are open for booking.
4. Contractor shall provide all correspondence with requestors for reservation and use.
5. Contractor shall provide guidance to keyholders with discrepancies of court reservations out at the courts.
6. Contractor shall advise reservation holders regarding no-shows and instruct on cancellation procedures.
a. Contractor shall develop an appropriate no-show policy that balances flexibility for keyholders against the reality that unused, yet reserved courts lock out other keyholders that want to play at those times.
b. The No-Show Policy at a minimum should address a) required advance notice of cancellations; b) standard for determining a no-show, including any grace period; c) a progressive enforcement provision for repeat no-shows or late cancellations; and d) exceptions for weather, court closures and documented emergencies.
IN WITNESS THEREOF, the parties have executed this Third Amendment to the Agreement as of the Effective Date.
TOWN OF ATHERTON: LESSEE:
By: / By: /
George Rodericks, City Manager (Date) Michael Jessup, Owner (Date) ATTEST:
__________________________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
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Mona G. Ebrahimi, City Attorney