CITY OF COSTA MESA
CALIFORNIA 92628-1200 PO BOX 1200
FROM THE OFFICE OF THE CITY CLERK
EICOMPONKTED ITS
May 10, 2010
Hank Lloyd
Costa Mesa Tennis Center
880 Junipero Drive
Costa Mesa, CA 92626
Dear Mr Lloyd:
RE. Amendment No. 2 to Agreement for Operation of Tennis Center At the regular meeting held on April 20, 2010, the City Council approved Amendment No. 2 to the agreement with HML Tennis, LLC (formerly Hank Llovd's Orange County Tennis, Inc.) to extend the agreement for an additional five (5)-year term for the operation of the Costa Mesa Tennis Center A fully executed copy of the amendment is enclosed for your records Sincerely,
for JULTÉ FOLCIK
City Clerk
Enclosure (1)
JF: cl
CC: Recreation Division
Finance Department
ITEM NO VI-5
77 FAIR DRIVE
PHONE (714) 754-5223 TDD (714) 754-5244 www ci costa-mesa ca us
AMENDMENT TWO TO AGREEMENT FOR OPERATION
OF THE CITY OF COSTA MESA TENNIS CENTER
This Extension and Amendment ("Amendment") is made and entered into this 1 day of May, 2010, by and between the City of Costa Mesa ("City"), a California municipal corporation and HML Tennis, LL.C, a limited liability corporation ("Lessee").
RECITALS
WHEREAS, City and Lessee, then known as Hank Lloyd's Orange County Tennis, Inc. entered into an agreement dated February 9, 1998 in which City agreed to lease to Lessee certain City park property located at TeWinkle Park in Costa Mesa, California (the "Agreement"); and WHEREAS, in April, 2009, all of the rights and obligations under the Agreement of February 9, 1998 as well as the Extension and Amendment to Lessee were transferred to HML Tennis, LLC; and
WHEREAS, the term of the original Agreement was a five year period; and WHEREAS, Section 2.03 of the Agreement allows Lessee to extend the term of the Agreement for two additional five-year periods; and
WHEREAS, the expiration of the original term of the Agreement was February 8, 2003; and
WHEREAS, on April 19, 2005, the term of the Agreement was extended, which extension expires on April 30, 2010; and
WHEREAS, City has received written notice of Lessee's exercise of the option to extend the term of the Agreement for an additional five-year period; and WHEREAS, City and Lessee wish to amend the Agreement in order to extend the term of the Agreement; and
NOW, THEREFOR, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Unless terminated under other provisions of the Agreement, the term of the Agreement shall be extended effective May 1, 2010, for one additional five-year period, ending on April 30, 2015.
All terms not herein defined shall have the same meaning and use as set forth in the Agreement.
3. All other terms, conditions, and provisions of the Agreement, the Extension and Amendment of April, 2005 as well as the Assignment and Assumption Agreement of April, 2009, not in conflict with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF COSTA MESA,
A municipal corporation
All 1 m
Date: 5-3-10
Mayor of the City of Costa Mesa
HML TENNIS, LLC
He Keyed Date: 4/20/2010
Signature
HANk LLoyD- Pres-Member
Name and Title
27-2126723
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Kombie The Dela Date: 3/29/10
City Attorne
ATTEST:
Jula folak
City Clerk and ex-officio Clerk
of the City of Costa Mesa
2 HML.Tennis. LLC