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A-2008-165 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />la-~ (-off <br />CLERK OF COUNCIL <br />DATE: L~ 3o-Ug <br />n ' ~Q~ ks ~ ~ (~-) <br />Cw(~~ ~how~Pkins <br />OPERATING AGREEMENT <br />BETWEEN <br />THE CITY OF SANTA ANA <br />AND <br />MATCH POINT TENNIS ACADEMY <br />DO NOT RECORD <br />THIS OPERATING AGREEMENT ("Agreement") is made and entered into this <br />~ 5f~day of ~ ~ 2008, by and between the City of Santa Ana, a charter city and <br />municipal corportition, duly organized and exiting under the constitution and laws of the <br />State of California, herein referred to as "City", and Match Point Tennis Academy, LLC, <br />a California Limited Liability Company, herein referred to as "Match Point". <br />RECITALS: <br />A. The City desires to provide a quality tennis academy open to all its residents at the <br />Cabrillo Tennis Center at Santa Ana, and desires to contract for such services with <br />Match Point. <br />B. City owns the real property and facilities commonly known as the Cabrillo Tennis <br />Center, located at 800 N. Cabrillo Pazk Drive, Santa Ana, California (the <br />"Facilities"). The Facilities has nine (9) lighted tennis courts and a small tennis <br />clubhouse complete with locker rooms and showers for players and business <br />invitees. <br />C. City desires that Match Point operate the Facilities, as herein described and shown <br />in general in Exhibit "1", for the purpose of accommodating a tennis facility and <br />for no other purpose unless expressly agreed to in writing by the City. <br />D. Match Point represents that it is qualified to provide a quality tennis academy on <br />the Facilities. In undertaking the performance of this Agreement, Match Point <br />represents that it is knowledgeable in this field and that any service performed <br />under this Agreement will be performed incompliance with all required <br />professional standards of conduct and in accordance with the terms and conditions <br />of this Agreement, including all attachments hereto. Match Point's Director, <br />Elson T. De Cantuaria, is experienced and qualified in operating a tennis <br />academy. A copy of Mr. De Cantuazia's resume is attached hereto as Exhibit 2. <br />NOW THEREFORE, in consideration of the respective and mutual covenants <br />and promises hereinafter contained and made, and subject to all terms and conditions <br />hereof, the parties agree as follows: <br />