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CONCESSION AGREEMENT FOR THE <br />MANAGEMENT, OPERATION, AND MAINTENANCE OF THE <br />CABRILLO TENNIS CENTER <br />THIS AGREEMENT, made and entered into this 4th day of September, 2018, <br />BY AND BETWEEN City of Santa Ana, a charter <br />city and municipal corporation, <br />duly organized and exiting under the <br />Constitution and laws of the State of <br />California, hereinafter referred to as <br />"City", <br />AND <br />Matchpoint Tennis Academy LLC <br />hereinafter referred to as <br />"Concessionaire". <br />RECITALS: <br />A. City owns Cabrillo Park and the Cabrillo Tennis Center located at 800N, <br />Cabrillo Park Drive, Santa Ana, California. The facilities includes nine (9) lighted tennis <br />courts, one (1) clay tennis court, the Twist -Basler House, and a small tennis clubhouse <br />complete with locker rooms and showers for players and business invitees, as herein <br />described and shown in general on Exhibit A, attached hereto and incorporated herein <br />('the Facilities'). <br />B. The use granted hereunder provides for the operation, maintenance of the club <br />house, tennis courts, collection of fees, provision of tennis lessons to the public, selling of <br />pre-packaged food items and non-alcoholic beverages, and containing appropriate <br />controls to ensure public use of the Facilities is consistent with said purposes. <br />C. City and Concessionaire agree that the primary objective for Concessionaire's <br />performance under this Agreement is to maximize the public use of the Facilities and the <br />revenue to be received by the City as a result thereof. <br />D. Concessionaire has been operating the Tennis Center since 2008 pursuant to <br />Agreements A-2008-165 and thereafter A-2013-104. <br />NOW THEREFORE, in consideration of the respective and mutual covenants <br />and promises hereinafter contained and made, and subject to all terms and conditions <br />hereof, the parties agree as follows: <br />25A-3 <br />