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Cabrillo Tennis Center <br />January 16, 2024 <br />Page 2 <br />However, due to longer than anticipated construction delays resulting from the COVID- <br />19 pandemic, staff is requesting additional time for the facility improvements. With that <br />consideration and in order to avoid future breach of contract scenario, the Parks, <br />Recreation and Community Services Agency (PRCSA) is recommending that 1) <br />Delivery dates associated with Subsections 4.1, 4.2, and 4.3 of the original agreement <br />be adjusted; and 2) the term of the agreement be reduced from fifteen (15) years to ten <br />(10) years in order to ensure Matchpoint is accountable for the terms and conditions in <br />the agreement. <br />After several meetings with Matchpoint representatives, the following amendments are <br />being proposed to provide additional time for the facility improvements to be made. <br />Facility Improvement <br />Original Term & Condition <br />Amended Term & <br />Condition <br />4.1 Installation of two (2) clay <br />Installed and operational no <br />Installed and operational no <br />tennis courts <br />later than December 31, <br />later than December 31, <br />2020 <br />2025 <br />4.2 Installation of one (1) <br />Installed and operational no <br />Installed and operational no <br />center tennis Court <br />later than December 31,2023 <br />later than December 31, <br />2026 <br />4.3 Fencing to be installed <br />Fence to be completed no <br />Fence to be completed no <br />around the entire facility <br />later than December 31, <br />later than December 31, <br />2023 <br />2027 <br />The City recognizes under Section 4.0 Improvements to the Facilities that Subsections <br />4.4 and 4.5 have been completed and have met the terms and conditions of the original <br />agreement. Both the City and Matchpoint agree that all other terms and conditions <br />agreed to in the original agreement will remain unchanged. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Agreement Amendment <br />Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community <br />Services <br />Approved By: Tom Hatch, Interim City Manager <br />