25E - AGMT - OPERATION CABRILLO TENNIS CENTER

Home Browse Search

F. The parties desire to exercise the first renewal period of an additional five (5) year period. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1. Use of Facilities. City hereby licenses the Facilities to Operator on all of the terms and conditions set forth in this Operating Agreement. Operator will have the use of the first and third floor of the Twist-Basler 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, Operator agrees that City will be final arbiter of dispute. 2. Term of Agreement. The Term of this Renewal of the Operating Agreement (the "Term") shall be Five (5) years. The Term shall commence on July 1, 2013 and shall expire on the fifth (5`h) anniversary thereof, if not terminated earlier pursuant to the terms of this Operating Agreement. This Operating Agreement is subject to three (3) more five-year renewals upon City Council approval. Earlier termination of this Agreement shall be in conformance with Section 17 and 18, below. Consideration. A. As consideration for this Agreement, Operator 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 Operator'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 10`h 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 '/2%) 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 on July 1, 2013. This Renewal of Operating Agreement shall supersede all prior agreements between the Parties. Operator Responsibilities A. Operator agrees that City Programs and City Residents shall have priority use of the Facilities so long as said programs and residents do not 25E-4