MATCH POINT TENNIS ACADEMY LLC. - Laserfiche WebLink

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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: 1.0 USE GRANTED. 1.1 Use. Operator 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. Operator will have the use of the entire building known as the Twist -Basler House. 1.2 Pro Shop and Food and Beverages. Operator may operate a pro shop on the Facilities. Operator 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. 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 impure articles shall be sold or kept for sale by Operator and all merchandise kept on hand by Operator shall be stored and handled with due regard for sanitation. 1.3 Staffing of Facilities. Operator shall maintain staffing levels sufficient to comply with its responsibilities under this Agreement. The Facilities shall be staffed by Operator at all times during Operating Hours. Proposed operating Hours shall be submitted to the City annually for approval. Operator shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, clubhouse, locker rooms and showers, Twist -Basler House and parking lot(s). Operator shall also be responsible for enforcement of safety practices and regulations. 1.4 Special Events and Rental of Facilities. Operator agrees that it will not use, or rent, the Facilities for special events of any kind without first seeking prior written approval from the Executive Director. To the extent that Operator desires to provide alcoholic beverages at any of its events, it must first seek and obtain City approval as well as any necessary permits, licenses or other approvals. As a condition to renting the Facilities, or any portion thereof, the Operator shall first provide the City with proof of insurance naming Operator and the City of Santa Ana as additional insureds and the insurance coverage shall comply with the Insurance provisions in Section 7 hereof. 420089v2