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SECOND AMENDMENT TO AGREEMENT FOR THE <br />MANAGEMENT, OPERATION, AND MAINTENANCE OF THE <br />CABRILLO TENNIS CENTER <br />THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, <br />2024. by and between Matchpoint Tennis Academy LLC, a Califomia limited liability company <br />("Matchpoint") and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On December 17, 2019, City and Matchpoint entered into Agreement (A-2019-241) for the <br />management, operation, and maintenance of the Cabrillo Tennis Center ("Facility") located <br />at 800 N. Cabrillo Park Drive, Santa Ana, California ("Agreement"). <br />B. On April 1, 2020, City and Matchpoint executed a First Amendment (A-2020-060) to the <br />Agreement to allow for additional time to complete installation of two (2) clay tennis courts at <br />the Facility because of the closure of the Facility due to the COVID-19 pandemic ("First <br />Amendment"). <br />C. The Agreement remains in effect through December 31, 2034. <br />D. Pursuant to the terms of the Agreement and First Amendment, Matchpoint is required to make <br />certain improvements to the Facility, including the installation of two (2) clay tennis courts at <br />the Facility no later than June 30, 2021, one (1) center tennis court at the Facility no later than <br />December 31, 2023, and fencing to be installed around the entire Facility no later than <br />December 31, 2023. <br />E. As a result of the global Coronavirus (COVID-19) pandemic, engineering and construction <br />progress was delayed for the installation of the clay tennis courts, the installation of the center <br />tennis court, and the installation of the fence around the Facility. <br />F. The parties now wish to amend the Agreement to reduce the term of the Agreement and adjust <br />the delivery dates associated with the installation of the clay tennis courts, center tennis court, <br />and the fence around the Facility. <br />The Parties therefore agree: <br />1. Section 2.0, TERM OF AGREEMENT, is hereby amended to reduce the term of this <br />Agreement to ten (10) years from the commencement date of January 1, 2020 and shall expire <br />on December 31, 2029, with the option for one (1) five (S) year extension exercisable by a <br />writing by the City Manager and City Attorney, unless terminated earlier in conformance with <br />Sections 9 and 10 of the Agreement. <br />2. Section 4.0, IMPROVEMENTS TO THE FACILITIES, subsections 4.1, 4.2, and 4.3 are <br />hereby amended to read as follows: <br />Page 1 of 2 <br />