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applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 %z%) interest per month shall be added for each month that payment hereunder is due but unpaid. For any check that is returned for non -sufficient funds, for any reason, Operator shall pay the City an additional Twenty -Five Dollar ($25.00) service fee. 3.4 Starting January 1, 2030 and continuing through December 31, 2034, Operator shall continue to pay Two Thousand Dollars ($2,000.00) per month plus an additional ten percent (10%) of the net operating profits for the month as specified in Section 3.3 above. After an annual audit is performed, if findings determine that the 10% requirement was not met, the Operator shall make a payment to the City of the of the amount needed to meet the 10% requirement within 30 days of the audit report. If findings determine that an overpayment was made a credit will be applied to the following month's payment due to the City. 4.0 IMPROVEMENTS TO THE FACILITIES 4.1 Operator shall, in connection with its maintenance responsibilities, cause two (2) clay tennis courts to be installed at the Facilities in a location determined by the City. The two clay tennis courts shall be completed and operational no later than December 31, 2020. All costs associated with construction of the two clay tennis courts shall be paid by Operator. 4.2 Operator shall, in connection with its maintenance responsibilities, cause one center tennis court to be installed at the Facilities in a location determined by the City. The one center tennis court shall be completed and operational no later than December 31, 2023. All costs associated with construction of the one center tennis court shall be paid by Operator. 4.3 Operator shall, in connection with its maintenance responsibilities, cause a fence to be installed round the entire Facilities. City will have final approval of the location, material and design of the fence. The fence will be completed no later than December 31, 2023. 4.4 Operator shall, in connection with its maintenance responsibilities, cause all of the lighting at the Facilities to be retrofitted with LED lighting. The City will have final approval of the design, specifications and placement of all lighting. Operator shall be responsible for all costs associated with the replacement of the lighting at the Facilities. The lighting shall be replaced at the Facilities no later than December 31, 2023. 4.5 Operator shall, in connection with its maintenance responsibilities, cause the Facilities' two (2) air conditioning units to be replaced. The City will have final approval of the design, specifications and placement of the two air conditioning units. Operator shall be responsible for all costs associated with the replacement of the two air conditioning units at the Facilities. The two air conditioning units shall be replaced no later than December 3 I, 2023. N20089v2