25R - MGMT AND OPERATION OF CABRILLO TENNIS CENTER

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DO NOT RECORD 2. Term of License. The Term of this License (the "term") shall be Five (5) years. The Term shall commence on the Commencement Date (as hereinafter defined), and shall expire on the fifth (5th) anniversary thereof, if not terminated earlier pursuant to the terms of this License. This License and Operating Agreement is subject to four (4) five-year renewals upon City Council approval. Notice of Option to Renew this License shall be provided no later than six (6) months before the expiration of the current License term. Earlier termination of this Agreement shall be in conformance with Section 17 and 18, below. 3. Consideration. A. As consideration for this Agreement, Match Point shall pay to City as compensation for use of and right to operate the Facilities the amount of $4000.00 per month. B. Additional consideration for this agreement shall be provided by Match Point's sponsorship of students and installation of improvements to the tennis facility as described herein. C. Compensation will be due upon execution of this Agreement and thereafter on or before the 10th day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Francisco Gutierrez, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 %) interest per month shall be added for each month that payment hereunder is due but unpaid. 4. Commencement Date. This Agreement shall commence and become effective upon the last party to sign this Agreement. This Operating Agreement shall supersede the current Site License Agreement #N--20007-120 entered into between the parties. Match Point Responsibilities A. Match Point agrees that City Programs and City Residents shall have priority use of the Property so long as said programs and residents do not conflict with Licensee's regularly scheduled Programs. Match Point agrees that at least 30% of the courts will be made available to City residents by reservation or walk-in; and 30% for City-sponsored programs by reservation during its normal operating hours. In the event a dispute regarding court usage arises, the City's Executive Director of Parks, Recreation and Community Services Agency shall make the final decision regarding court usage. 25R-4