MATCH POINT TENNIS ACADEMY, LLC - 2008

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DO NOT RECORD Courts 1-9 Weekdays: 8:OOam to 12 noon $4.00/hr. 12 Noon to 4pm $2.00/hr. 4:OOpm to dusk $4.00/hr. Under Lights $6.00/hr. Courts 1-9 Weekends: B:OOam to 3pm $4.00/hr. 3:OOpm to dusk $2.00/hr. Under Lights $6.00/hr. Match Point shall collect anon-resident surcharge of $2.00 per person for use of courts. Use of the courts for tournaments will also be charged a surchazge. Any change in this fee structure will only be permitted with the prior written approval of the Executive Director of Pazks, Recreation and Community Services Agency incompliance with any applicable law. O. Accounting and Audit. Match Point will be responsible for collecting all fees as indicated herein and agrees that it will provide the City with an annual accounting showing the amount of fees collected per calendar year. Match Point will also provide the City with data showing the breakdown between residents and non residents using the facilities. City retains the option to request detailed financial statements, including balance sheets, profit and loss, or income statements to support the accounting. P. Twist Basler House. Match Point acknowledges that the City is currently in the process of relocating the Twist Basler House to the Facilities. Match Point and City agree that Match Point will have access to the first and third floor of the House and the City (or a tenant of its choosing) will have sole access to the second floor. In the event of a dispute with the occupant of the second floor, Match Point agrees that City will be final arbiter of dispute. Q. Upon the expiration or termination of this Agreement, City shall approve in writing the surrender of the Facilities by Match Point only after being satisfied that the Facilities have been left in good and clean condition, less ordinary wear and tear.