SECOND AMENDMENT TO AGREEMENT FOR THE
MANAGEMENT, OPERATION, AND MAINTENANCE OF THE
CABRILLO TENNIS CENTER
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on January 16, 2024, by and between Matchpoint Tennis Academy LLC, a California limited liability company ("Matchpoint") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On December 17. 2019. City and Matchpoint entered into Agreement (A-2019-241) for the management, operation, and maintenance of the Cabrillo Tennis Center ("Facility") located at 800 N. Cabrillo Park Drive, Santa Ana, California ("Agreement").
B. On April 1, 2020, City and Matchpoint executed a First Amendment (A-2020-060) to the Agreement to allow for additional time to complete installation of two (2) clay tennis courts at the Facility because of the closure of the Facility due to the COVID-19 pandemic (First Amendment").
C. The Agreement remains in effect through December 31, 2034.
D. Pursuant to the terms of the Agreement and First Amendment, Matchpoint is required to make certain improvements to the Facility, including the installation of two (2) clay tennis courts at the Facility no later than June 30, 2021, one (1) center tennis court at the Facility no later than December 31, 2023, and fencing to be installed around the entire Facility no later than December 31, 2023.
E. As a result of the global Coronavirus (COVID-19) pandemic, engineering and construction progress was delayed for the installation of the clay tennis courts, the installation of the center tennis court, and the installation of the fence around the Facility.
F. The parties now wish to amend the Agreement to reduce the term of the Agreement and adjust the delivery dates associated with the installation of the clay tennis courts, center tennis court, and the fence around the Facility.
The Parties therefore agree:
1. Section 2.0, TERM OF AGREEMENT, is hereby amended to reduce the term of this Agreement to ten (10) years from the commencement date of January 1, 2020 and shall expire on December 31, 2029, with the option for one (1) five (5) year extension exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in conformance with Sections 9 and 10 of the Agreement.
2. Section 4.0, IMPROVEMENTS TO THE FACILITIES, subsections 4.1, 4.2, and 4.3 are hereby amended to read as follows:
Section 4.1 Operator shall, in connection with its maintenance responsibilities, cause two (2) clay tennis courts to be installed at the Facilities in a location determined by the City.
The two (2) clay tennis courts shall be completed and operational no later than December 31, 2025. All costs association with construction of the two (2) clay tennis courts shall be paid by Operator.
Section 4.2 Operator shall, in connection with its maintenance responsibilities cause one (1) center tennis court to be installed at the Facilities in a location determined by the City.
The one (1) center tennis court shall be completed and operational no later than December 31, 2026. All costs associated with construction of the one (1) center tennis court shall be paid by Operator.
Section 4.3 Operator shall, in connection with its maintenance responsibilities cause a fence to be installed around the entire Facilities in a location determined by the City. City will have final approval of the location, material and design of the fence. The fence will be completed no later than December 31, 2027.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
Jennifer L. Hall Thomas R. Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM MATCHPOINT TENNIS ACADEMY,
SONIA R. CARVALHO, City Attorney LLC
You Tal
De Cantuaria
-Brandon Salvatierra
Deputy City Attorney Title: Owner/ manager
RECOMMENDED FOR APPROVAL
Hawk Scott
Executive Director
Parks, Recreation, and Community Services Agency