MATCH POINT TENNIS ACADEMY, LLC.

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INSURANCE NOT ON FILE WORK MAY Nff PROCEED CLERK OF COUNCIL DATE: SEP 1 3 2018 �1T1s:f. CONCESSION AGREEMENT FOR THE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE CABRILLO TENNIS CENTER THIS AGREEMENT, made and entered into this 4th day of September, 2018, BY AND BETWEEN City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the Constitution and laws of the State of California, hereinafter referred to as "C'titye AND Matchpoint Tennis Academy LLC hereinafter referred to as "Concessionaire". RECITALS: A, City owns Cabrillo Park and the Cabrillo Tennis Center located at 800 N. Cabrillo Park Drive, Santa Ana, California. The facilities includes nine (9) lighted tennis courts, one (1) clay tennis court, the Twist -Basler House, and a small tennis clubhouse complete with locker rooms and showers for players and business invitees, as herein described and shown in general on Exhibit A, attached hereto and incorporated herein ("the Facilities"), B. The use granted hereunder provides for the operation, maintenance of the club house, tennis courts, collection of fees, provision of tennis lessons to the public, selling of pre-packaged food items and non-alcoholic beverages, and containing appropriate controls to ensure public use of the Facilities is consistent with said purposes. C. City and Concessionaire agree that the primary objective for Concessionaire's performance under this Agreement is to maximize the public use of the Facilities and the revenue to be received by the City as a result thereof. D. Concessionaire has been operating the Tennis Center since 2008 pursuant to Agreements A-2008-165 and thereafter A-2013-104, NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: A-2018-205