Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Cabrillo Tennis Center
AGENDA TITLE
Second Amendment to the Agreement with Matchpoint Tennis Academy LLC (“Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis Center
RECOMMENDED ACTION
Authorize the City Manager to execute the second amendment to the agreement with Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the agreement and reduce the term from 15 years to 10 years with an expiration date of December 31, 2029 with the option for a one 5-year extension (Agreement No. A-2024- XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On December 17, 2019, the City Council approved a license agreement with Matchpoint Academy LLC for the operation and maintenance of the Cabrillo Tennis Center for a 15- year term from January 1, 2020 to December 31, 2034.
As part of the agreement, Matchpoint agreed to begin Cabrillo Tennis Center facility improvements including the installation of two (2) clay tennis courts; the installation of one (1) center tennis court; the installation of a fence, in accordance to Park Maintenance Division standards, around the entire facility; all lighting at the facility to be retrofitted to LED lighting; and replace two (2) air conditioning units. All facility improvements were scheduled to be completed by December 31, 2023.
As a result of the 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. An amendment was approved to extend the deadline for Matchpoint to complete the installation of two (2) clay tennis courts at the Facility for six (6) months until June 30, 2021.
Cabrillo Tennis Center
January 16, 2024
3 9
8 1
However, due to longer than anticipated construction delays resulting from the COVID- 19 pandemic, staff is requesting additional time for the facility improvements. With that consideration and in order to avoid future breach of contract scenario, the Parks, Recreation and Community Services Agency (PRCSA) is recommending that 1) Delivery dates associated with Subsections 4.1, 4.2, and 4.3 of the original agreement be adjusted; and 2) the term of the agreement be reduced from fifteen (15) years to ten (10) years in order to ensure Matchpoint is accountable for the terms and conditions in the agreement.
After several meetings with Matchpoint representatives, the following amendments are being proposed to provide additional time for the facility improvements to be made.
Facility Improvement Original Term & Condition Amended Term & Condition
4.1 Installation of two (2) clay
tennis courts
Installed and operational no
later than December 31,
2020
Installed and operational no
later than December 31,
2025
4.2 Installation of one (1)
center tennis Court
Installed and operational no
later than December 31,2023
Installed and operational no
later than December 31,
2026
4.3 Fencing to be installed
around the entire facility
Fence to be completed no
later than December 31,
2023
Fence to be completed no
later than December 31,
2027
The City recognizes under Section 4.0 Improvements to the Facilities that Subsections
4.4 and 4.5 have been completed and have met the terms and conditions of the original agreement. Both the City and Matchpoint agree that all other terms and conditions agreed to in the original agreement will remain unchanged.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Tom Hatch, Interim City Manager