25F - MATCH POINT TENNIS ACADEMY FOR CABRILLO

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Exhibit 1 1.5 Fees for Use of Facilities. Operator shall be allowed to establish fees for use of facilities. These fees shall be subject to the approval of the City, Parks, Recreation and Community Services Executive Director and listed in the City's Resolution of fees which is published with the annual budget. Any change in the fee structure will only be permitted with the prior written approval of the Executive Director and in compliance with any applicable law. 1.6 Application. This Agreement only pertains to the tennis courts existing at the time of execution and the tennis courts built as specified by this Agreement. 1.7 Priority Use. Operator agrees to give Santa Ana residents priority reservations and also priority for participation in the Jr. Academy. 1.8 Operator's Equipment and Personal Property. Operator shall hold title only to Operator's equipment or personal property placed on the Facilities by Operator. All of Operator's equipment or personal property shall remain the property of Operator and are not fixtures. Operator has the right to remove all of Operator's equipment or personal property at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a professional and careful manner, without interference or damage to any other equipment, structures or operations on the Facilities, including the use of the Facilities by City or any of City's employees, agents, or assignees. 1.9 Scholarships. In consideration for the use granted herein, Operator agrees to provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa Ana to participate in the Operator's Player Development Tennis Academy. 2.0 TERM OF AGREEMENT. The term this Agreement (the "Term") shall be fifteen (15) years. The Term shall commence on January 1, 2020 and shall expire on December 31, 2034, if not terminated earlier pursuant to the terms of this Agreement. Earlier termination of this Agreement shall be in conformance with Sections 9 and 10 below. 3.0 CONSIDERATION. 3.1 From January 1, 2020 to December 31, 2023, Operator will not pay any fees to City. Operator will instead make Improvements to the Facilities as specified in Section 4.0 of this Agreement. 3.2 Starting January 1, 2024 and continuing until December 31, 2029, in consideration for the use granted herein, Operator shall pay to City as compensation for use of and right to operate the Facilities the amount of Two Thousand Dollars ($2,000.00) per month. 3.3 Compensation will be due as specified after execution of this Agreement and thereafter on or before the 10`h day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Executive Director of Finance Department, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be #20089v2 250-6