MATCH POINT TENNIS ACADEMY LLC. (2)

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INSURANCE ON FILE WORK MAY PROCEED A-2020-060 a UNTIL INSURANCE EXPIRES v DS It 4 A102� o CLERK OF COUNCIL co DATE: o FIRST AMENDMENT TO AGREEMENT FOR THE 0 0, rtSti MANAGEMENT, OPERATION, AND MAINTENANCE OF THE P H f,hlie rr e1_SrC1j CABRILLO TENNIS CENTER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 1, 2020, by and between Matchpoint Tennis Academy LLC, a California limited liability company ("Matchpoint") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 17, 2019, City and Matchpoint entered into an Agreement for the management, operation, and maintenance of the Cabrillo Tennis Center ("Facility") located at 800 N. Cabrillo Park Drive, Santa Ana, California ("Agreement"). B. The Agreement remains in effect through December 31, 2034. C. Pursuant to the terms of the Agreement, Matchpoint is required to make certain improvements to the Facility, including the installation of two (2) clay tennis courts at the Facility no later than December 31, 2020. D. As a result of the global Coronavirus (COVID-19) pandemic, declarations of emergency have been made by the federal and state governments, and by the County of Orange. On March 17, 2020, by Resolution No. 2020-016, the City of Santa Ana declared a local emergency. (collectively with related federal, state, and county orders, "Government Orders"). Ensuing physical distancing and other measures imposed by government have made it impossible for recreational facilities such as tennis centers to operate. On March 18, 2020, the County of Orange directed similar facilities to close during the pandemic in accordance with written guidance on March 16, 2020, by the California Department of Public Health, relating to Retail Food, Beverage, and Other Related Service Venues. E. The Facility has closed to the public due to the Government Orders, and the parties now wish to amend the Agreement to provide Matchpoint additional time to complete the installation of two (2) clay tennis courts at the Facility because of the closure of the Facility due to the COVID-19 pandemic. The Parties therefore agree: 1. Section 4.1, Improvements to the Facilities, is hereby amended to extend the deadline for Matchpoint to complete the installation of two (2) clay tennis courts at the Facility for six (6) months until June 30, 2021, as necessary due to the closure of the Facility and inability to timely conduct construction because of the COVID-19 pandemic. This deadline may be extended, as necessary, upon a writing executed by the City Manager and City Attorney. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2