MATCH POINT TENNIS ACADEMY, LLC.

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1.0 USE GRANTED. 1.1 Use. Concessionaire is hereby authorized and required to manage, operate and maintain a Tennis Facility, and conduct activities including but not limited to scheduling of tennis court use; tennis lessons and tennis tournaments; participation in community outreach to further the interest in the playing of tennis at discounted or free programs and/or clinics; selling, purchasing, storing and repairing tennis related merchandise and equipment; selling of pre-packaged foods and non-alcoholic beverages from within the interior of the club house. Concessionaire will have the use of the first and third floor of the Twist -Basler House and the City (or a tenant of its choosing) will have sole access to the second floor. 1.1.1 Three (3) tennis courts must be available at all times for Santa .Ana residents for walk-on play. 1.2 Pro Shop and Food and Beverages. Concessionaire may operate a pro shop on the Facilities. Concessionaire may also sell food and beverages. Except as noted in paragraph 1.4 below, the storage and/or sale of tobacco, alcoholic beverages and sexual products is expressly prohibited. Concessionaire will make a good faith effort to sell at least 50% healthy snacks and drinks such as baked chips, fruit, pretzels, granola, nuts, bottled water, low fat milk products, sports drinks and natural fruit juice drinks in compliance with the City's policy regarding healthy snacks, healthy eating and active living (City of Santa Ana Resolution No. 2006-053 and -Resolution -No. 201-1-003):_ — - 1.2,1 Quality of Food and Non -Alcoholic Beverages. All prepackaged foods and beverages sold or kept for sale shall conform to the Federal, State, and County food laws, ordinances and regulations in all respects. No adulterated, misbranded or impiue articles shall be sold or kept for We by Concessionaire and all merchandise kept on hand by Concessionaire shall be stored and handled with due regard for sanitation. In the event prepackaged food and beverage merchandise are below first class, the Executive Director of Parks, Recreation and Community Services ("Executive Director") shall have the right to order the improvement of the quality of any prepackaged food and beverage kept or offered for sale. 1.3 Staffing of Facilities. Concessionaire shall maintain staffing levels sufficient to comply with its responsibilities under this Agreement. The Facilities shall be staffed by Concessionaire at all times during Operating Hours. Operating Hours shall be from 8 am to 10 pm, Monday through Friday; and from 8 am to 8 pm on Saturday and Sunday. Operating Hours may begin one half hour earlier as needed to prepare for reservations. Concessionaire shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, club house, locker rooms and showers, Twist - Basler House (with the exception of the second floor of the House) and parking lot(s). Concessionaire shall also be responsible for enforcement of safety practices and regulations,