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INSURANCE NOT ON FILE ��WORK MAY NOT PROCEED (P CLERK OF COUNCIL DEC - -nig DATE: AGREEMENT FOR THE ?,Acs(\) MANAGEMENT, OPERATION, AND MAINTENANCE OFTHE n - ,__ CABRILLOTENNISCENTER THIS AGREEMENT, made and entered into this 17th day of December, 2019, BY AND BETWEEN AND RECITALS A-2019-241 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 "City" Matchpoint Tennis Academy LLC. A California Limited Liability Company hereinafter referred to as "Operator." 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 clubhouse, 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 Operator agree that the primary objective for Operator'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. Operator has been operating the Tennis Center since 2008. In 2019, City issued a Request for Proposals ("RFP") to operate the Tennis Center. Operator was selected as the most cost-effective and responsive proposal. 020089v2