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CABRILLO TENNIS CENTER <br />RENEWAL OF OPERATING AGREEMENT <br />BETWEEN <br />THE CITY OF SANTA ANA <br />AND <br />MATCH POINT TENNIS ACADEMY <br />THIS RENEWAL OF OPERATING AGREEMENT ( "Agreement ") is made and <br />entered into this I" day of July, 2013, by and between the City of Santa Ana, a charter <br />city and municipal corporation, duly organized and exiting under the constitution and <br />laws of the State of California, herein referred to as "City ", and Match Point Tennis <br />Academy, LLC, a California Limited Liability Company, herein referred to as <br />"Operator ". <br />RECITALS: <br />A. City owns the real property and facilities commonly known as the Cabrillo Tennis <br />Tennis Center, located at 800 N. Cabrillo Park Drive, Santa Ana, California. The <br />Facilities includes nine (9) lighted tennis courts, one (1) clay tennis court, the <br />Twist- Basler House, and a small tennis clubhouse complete with locker rooms <br />and showers for players and business invitees, as herein described and shown in <br />general on Exhibit A, attached hereto and incorporated herein ( "the Facilities "). <br />B. The City desires to provide a quality tennis facility open to all its residents at the <br />Cabrillo Tennis Center and desires to contract for such services with Operator. <br />C. City desires that Operator operate and manage the Facilities for the purpose of <br />accommodating a tennis facility and for no other purpose unless expressly agreed <br />to in writing by the City. <br />D. Operator represents that it is qualified to provide a quality tennis academy on the <br />Facilities. In undertaking the performance of this Agreement, Operator represents <br />that it is knowledgeable in this field and that any service perforned under this <br />Agreement will be performed in compliance with all required professional <br />standards of conduct and in accordance with the terms and conditions of this <br />Agreement, including all attachments hereto. Operator's Director, Elson T. De <br />Cantuaria, is experienced and qualified in operating a tennis academy. A copy of <br />Mr. De Cantuaria's resume is attached hereto as Exhibit B. <br />E. City entered into the Operating Agreement with Operator on July 1, 2008 ( #A- <br />2008 -165) ( "said Agreement ") for Operator to operate and manage the Facilities. <br />Said Agreement was for a five (5) year term with four (4) five -year renewals <br />subject to Council approval. <br />25E -3 <br />