HomeMy WebLinkAbout25F - MATCH POINT TENNIS ACADEMY FOR CABRILLOREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 17, 2019
TITLE:
APPROVE A LICENSE AGREEMENT
WITH MATCH POINT TENNIS ACADEMY
LLC. FOR THE OPERATION AND
MAINTENANCE OF THE CABRILLO
TENNIS CENTER AND FOR THE
OPERATOR TO MAKE CAPITAL
IMPROVEMENTS TO THE SITE AND
PROVIDE A FEE PAYABLE TO THE CITY
STARTING IN 2024
{STRATEGIC PLAN NO. 5,61
/s/Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
F-ITUNT1.07iirs,
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
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RECOMMENDED ACTION
Authorize the City Manager to execute a license agreement with Match Point Tennis Academy,
LLC. for the operation and maintenance of the Cabrillo Tennis Center for a 15-year term from
January 1, 2020 to December 31, 2034 and for the operator to make capital improvements to the
site and provide a fee payable to the City starting in 2024 that will be deposited in the General
Fund, subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On September 10, 2019, the City issued a Request for Proposals (RFP) to invite qualified and
experienced tennis facility operators to submit proposals for the operation, maintenance,
management and capital improvements for the Cabrillo Tennis Center. In preparing the RFP, the
City staff reviewed the existing scope of the agreement and modified the Operator's responsibilities
to include the operation, maintenance, management, and construction of two -clay tennis courts.
The modification allows the operator to control and utilize the entire site for their operations. In
exchange for the substantial investment by the operator, a long-term license agreement (Exhibit 1)
will help recover the return on their investment.
PlanetBids.com is the website the City uses to post RFPs to solicit proposals from vendors. There
were 15 vendors notified of the project, 11 vendors downloaded the documents, and the City
received one proposal.
An evaluation committee consisting of representatives from the City reviewed and rated the
proposal according to the criteria listed in the RFP. Based upon the proposal, the review panel
selected Match Point Tennis Academy, LLC for contract award. Match Point Tennis Academy, LLC
is the existing operator that holds the license agreement for the management and operation of the
Cabrillo Tennis Center. As a longtime partner with the City since 2007, Match Point Tennis
25F-1
Approve a License Agreement with Match Point Tennis Academy, LLC.
December 17, 2019
Page 2
Academy, LLC has provided professionally reputable programs recognized for its success in player
development. Academy students are now playing professionally while continuing to elevate their
game at this facility. Through its management of the tennis center, Match Point Tennis Academy,
LLC has established a welcoming environment for all to learn and develop their skills while
remaining active. The personal and financial investment provided by Match Point proprietor and
staff are a testament to their commitment to serve the Santa Ana community and to those who
travel to learn and play here.
The salient terms of the agreement are as follows: 1 5-year agreement
Two clay tennis courts completed before the end 2020 (Exhibit 2) and a center court in Year
four
Install fence around the club, change lighting to LED for entire complex, and install two new
air conditioning units
Provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa Ana to
participate in the Player Development Tennis Academy
Charges for use of the courts shall include discounts for Santa Ana residents
No license fee the first four years of agreement
$2,000 per month for years five through ten
$2,000 per month for years 11 through 15 with profit sharing - 10 percent of net profits
Approval of this agreement will be a benefit to the City (reduction in City expenditures, revenue
generation, and site improvements), to the public (scholarships, new courts, and other facility
improvements) and to the operator (opportunity to expand services to additional people).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Strategic Plan Goal #5 — Community Health,
Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving
the health and wellness of all residents).
FISCAL IMPACT
There is no direct fiscal impact to the City for years 1-4 of the agreement. The City will have savings
throughout the term of the agreement from the reduction in maintenance costs, which will become
part of the cost of operations to Match Point Tennis Academy, LLC.
Fiscal
Year
Accounting
Unit -Account #
Fund Description
Accounting Unit,
Account Description
Amount
Starting in
01113002-53318
General Fund
PRCSA-Revenues,
$2,000/month
January of
Tennis Reservations
FY 23-24
Starting in
01113002-53318
General Fund
PRCSA-Revenues,
$2,000/month +
January of
Tennis Reservations
10% Net Profits
FY 29-30
25F-2
Approve a License Agreement with Match Point Tennis Academy, LLC.
December 17, 2019
Page 3
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services
Agency
Exhibits: 1. Agreement
2. Concept Plan for New Tennis Courts
APPROVED AS TO FUNDS AND ACCOUNT:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
25F-3
Exhibit 7
AGREEMENT FOR THE
MANAGEMENT, OPERATION, AND MAINTENANCE OF THE
CABRILLO TENNIS CENTER
THIS AGREEMENT, made and entered into this 17th day of December, 2019,
BY AND BETWEEN
AND
RECITALS
City of Santa Ana, a charter
City and Municipal Corporation,
duly organized and exiting under the
Constitution and laws of the State of
California, hereinafter referred to as
"City"
Matchpoint Tennis Academy LLC.
A California Limited Liability
Company
hereinafter referred to as "Operator."
A. City owns Cabrillo Park and the Cabrillo Tennis Center located at 800 N.
Cabrillo Park Drive, Santa Ana, California. The facilities includes nine (9) lighted tennis
courts, one (1) clay tennis court, the Twist -Basler House, and a small tennis clubhouse
complete with locker rooms and showers for players and business invitees, as herein
described and shown in general on Exhibit A, attached hereto and incorporated herein
("the Facilities").
B. The use granted hereunder provides for the operation, maintenance of the
clubhouse, tennis courts, collection of fees, provision of tennis lessons to the public,
selling of pre -packaged food items and non-alcoholic beverages, and containing
appropriate controls to ensure public use of the Facilities is consistent with said purposes.
C. City and Operator agree that the primary objective for Operator's
performance under this Agreement is to maximize the public use of the Facilities and the
revenue to be received by the City as a result thereof.
D. Operator has been operating the Tennis Center since 2008. In 2019, City
issued a Request for Proposals ("RFP") to operate the Tennis Center. Operator was
selected as the most cost-effective and responsive proposal.
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Exhibit 7
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:
1.0 USE GRANTED.
1.1 Use. Operator is hereby authorized and required to manage, operate and
maintain a Tennis Facility, and conduct activities including but not limited to: scheduling
of tennis court use; tennis lessons and tennis tournaments; participation in community
outreach to further the interest in the playing of tennis at discounted or free programs
and/or clinics; selling, purchasing, storing and repairing tennis related merchandise and
equipment; selling of pre -packaged foods and non-alcoholic beverages from within the
interior of the club house. Operator will have the use of the entire building known as the
Twist -Basler House.
1.2 Pro Shop and Food and Beverages. Operator may operate a pro shop on
the Facilities. Operator may also sell food and beverages. Except as noted in paragraph
1.4 below, the storage and/or sale of tobacco, alcoholic beverages and sexual products is
expressly prohibited.
1.2.1 Quality of Food and Non -Alcoholic Beverages. All prepackaged
foods and beverages sold or kept for sale shall conform to the Federal, State, and
County food laws, ordinances and regulations in all respects. No adulterated,
misbranded or impure articles shall be sold or kept for sale by Operator and all
merchandise kept on hand by Operator shall be stored and handled with due
regard for sanitation.
1.3 Staffing of Facilities. Operator shall maintain staffing levels sufficient to
comply with its responsibilities under this Agreement. The Facilities shall be staffed by
Operator at all times during Operating Hours. Proposed operating Hours shall be
submitted to the City annually for approval. Operator shall be responsible for supervision
of the entire Facilities, including, but not limited to, tennis courts, clubhouse, locker
rooms and showers, Twist -Basler House and parking lot(s). Operator shall also be
responsible for enforcement of safety practices and regulations.
1.4 Special Events and Rental of Facilities. Operator agrees that it will not
use, or rent, the Facilities for special events of any kind without first seeking prior written
approval from the Executive Director. To the extent that Operator desires to provide
alcoholic beverages at any of its events, it must first seek and obtain City approval as
well as any necessary permits, licenses or other approvals. As a condition to renting the
Facilities, or any portion thereof, the Operator shall first provide the City with proof of
insurance naming Operator and the City of Santa Ana as additional insureds and the
insurance coverage shall comply with the Insurance provisions in Section 7 hereof.
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Exhibit 1
1.5 Fees for Use of Facilities. Operator shall be allowed to establish fees
for use of facilities. These fees shall be subject to the approval of the City, Parks,
Recreation and Community Services Executive Director and listed in the City's
Resolution of fees which is published with the annual budget. Any change in the fee
structure will only be permitted with the prior written approval of the Executive
Director and in compliance with any applicable law.
1.6 Application. This Agreement only pertains to the tennis courts existing at
the time of execution and the tennis courts built as specified by this Agreement.
1.7 Priority Use. Operator agrees to give Santa Ana residents priority
reservations and also priority for participation in the Jr. Academy.
1.8 Operator's Equipment and Personal Property. Operator shall hold title
only to Operator's equipment or personal property placed on the Facilities by Operator.
All of Operator's equipment or personal property shall remain the property of Operator
and are not fixtures. Operator has the right to remove all of Operator's equipment or
personal property at its sole cost and expense on or before the expiration or termination
of this Agreement; provided that such removal shall be done in a professional and careful
manner, without interference or damage to any other equipment, structures or operations
on the Facilities, including the use of the Facilities by City or any of City's employees,
agents, or assignees.
1.9 Scholarships. In consideration for the use granted herein, Operator agrees
to provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa
Ana to participate in the Operator's Player Development Tennis Academy.
2.0 TERM OF AGREEMENT. The term this Agreement (the "Term") shall be
fifteen (15) years. The Term shall commence on January 1, 2020 and shall expire on
December 31, 2034, if not terminated earlier pursuant to the terms of this Agreement.
Earlier termination of this Agreement shall be in conformance with Sections 9 and 10
below.
3.0 CONSIDERATION.
3.1 From January 1, 2020 to December 31, 2023, Operator will not pay any
fees to City. Operator will instead make Improvements to the Facilities as specified in
Section 4.0 of this Agreement.
3.2 Starting January 1, 2024 and continuing until December 31, 2029, in
consideration for the use granted herein, Operator shall pay to City as compensation for
use of and right to operate the Facilities the amount of Two Thousand Dollars
($2,000.00) per month.
3.3 Compensation will be due as specified after 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: Executive Director of Finance Department, 20 Civic Center Plaza,
City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be
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Exhibit 7
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. For any check that is returned for non -sufficient funds, for any reason,
Operator shall pay the City an additional Twenty -Five Dollar ($25.00) service fee.
3.4 Starting January 1, 2030 and continuing through December 31, 2034,
Operator shall continue to pay Two Thousand Dollars ($2,000.00) per month plus an
additional ten percent (10%) of the net operating profits for the month as specified in
Section 3.3 above. After an annual audit is performed, if findings determine that the 10%
requirement was not met, the Operator shall make a payment to the City of the of the
amount needed to meet the 10% requirement within 30 days of the audit report. If
findings determine that an overpayment was made a credit will be applied to the
following month's payment due to the City.
4.0 IMPROVEMENTS TO THE FACILITIES
4.1 Operator shall, in connection with its maintenance responsibilities, cause
two (2) clay tennis courts to be installed at the Facilities in a location determined by the
City. The two clay tennis courts shall be completed and operational no later than
December 31, 2020. All costs associated with construction of the two clay tennis courts
shall be paid by Operator.
4.2 Operator shall, in connection with its maintenance responsibilities, cause
one center tennis court to be installed at the Facilities in a location determined by the
City. The one center tennis court shall be completed and operational no later than
December 31, 2023. All costs associated with construction of the one center tennis court
shall be paid by Operator.
4.3 Operator shall, in connection with its maintenance responsibilities, cause a
fence to be installed round the entire Facilities. City will have final approval of the
location, material and design of the fence. The fence will be completed no later than
December 31, 2023.
4.4 Operator shall, in connection with its maintenance responsibilities, cause
all of the lighting at the Facilities to be retrofitted with LED lighting. The City will have
final approval of the design, specifications and placement of all lighting. Operator shall
be responsible for all costs associated with the replacement of the lighting at the
Facilities. The lighting shall be replaced at the Facilities no later than December 31,
2023.
4.5 Operator shall, in connection with its maintenance responsibilities, cause
the Facilities' two (2) air conditioning units to be replaced. The City will have final
approval of the design, specifications and placement of the two air conditioning units.
Operator shall be responsible for all costs associated with the replacement of the two air
conditioning units at the Facilities. The two air conditioning units shall be replaced no
later than December 31, 2023.
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Exhibit 7
5.0 OPERATIONAL RESPONSIBILITIES
5.1 Accounting. Operator shall collect all fees as indicated herein and agrees
that it will provide the City with an annual accounting, thirty (30) days after the end of
each contract year showing the amount of fees collected per calendar year and the
Facilities gross revenue per month for the calendar year. Operator will also provide the
City with data showing the breakdown between residents and non-residents using the
Facilities, thirty (30) days after the end of each contract year. City may request detailed
financial statements, including balance sheets, profit and loss, or income statements to
support the accounting and Operator shall provide such documentation within ten (10)
days of City's request.
5.2 Audit. Annually, Operator shall hire a certified public accountant to conduct
an audit their financial statements for the tennis center and provide that audit to the City
within sixty (60) days of their operating yearend. City will have the right but not the
obligation to hire a certified accountant to conduct an annual audit of the Facilities
financial statements including balance sheets, profits and losses and income and bank
statements.
5.3 Quality of Service. Service to the public is of prime concern to City and part
of the consideration for this Agreement. Therefore, Operator agrees to manage, operate
and conduct its operation in a first-class manner, providing similar activities, programs
and services. Operator, following receipt of written notification therefore, shall
immediately withdraw or remove from sale any goods, services, and/or merchandise
which may be found objectionable to the Executive Director based on findings that the
provision of such terms are not in the best interest of the public welfare.
5.4 Compliance with Laws, Rules and Regulations. Operator shall conform to
and abide by all municipal and City ordinances, and all State and Federal laws and
regulations, insofar as the same or any of them are applicable; and where permits and/or
licenses are required for the Agreement, any related activity, and/or construction
authorized herein, the same must be first obtained from the regulatory agency having
jurisdiction thereover. Further, Operator shall conform to and abide by all rules and
regulations and policies of the City Council, the Executive Director of the Parks, and any
other City departments insofar as the same or any of them are applicable.
5.5 Disorderly Persons. Operator shall use its best efforts to permit no
intoxicated person or persons, profane or indecent language, or boisterous or loud
conduct in or about the demised premises and, if necessary, will call upon the aid of
peace officers to assist in maintaining peaceful conditions.
5.6 Illegal Activities. Operator shall not knowingly allow the use or possession of
illegal drugs, narcotics, or controlled substances on the Facilities or any other activities
that are prohibited by City ordinances or other applicable regulations.
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Exhibit 7
5.7 Security Devices. Operator, at its own expense, may provide any legal
devices or equipment and the installation thereof, designated for protecting the Facilities
from theft, burglary or vandalism, provided written approval for the installation thereof is
first obtained from the Executive Director.
5.8 Signs. Operator shall be allowed to put informational or program signs
inside the club's/court's fences
5.9 Safety. Operator shall immediately correct any unsafe condition of the
Facilities, as well as any unsafe practices occurring thereon. Operator shall obtain
emergency medical care for any member of the public who is in need thereof, because of
illness or injury occurring on the Facilities. Operator shall cooperate fully with City in the
investigation of any accidental injury or death occurring on the concession premises,
including a prompt report thereof to the Executive Director. Operator shall cooperate and
comply fully with County, State, municipal, federal or any other regulatory agency
having jurisdiction thereover, regarding any safety inspections and certifications of any
and all Operator's structures, enclosures, vehicles, and equipment on the Facilities.
5.10 Inclement Weather. Operator shall make an assessment of the Facilities to
determine if it safe for use by the public. In regard to the courts being out of operation
whenever play must be temporarily suspended on the facility due to inclement weather
conditions, the decision on when to allow play to resume will be made by the Operator.
5.11 Sanitation. No offensive matter or refuse, or substance constituting an
unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public
health, shall be permitted or remain on the Facilities. Operator shall provide that all
refuse is collected as often as necessary, and in no case less than once a week, and shall
pay all charges, which may be made for the removal thereof. Operator shall furnish all
equipment and materials necessary, including trash receptacles of the size, type, color and
number required by the Executive Director, to maintain the demised premises in a
sanitary condition.
5.12 Equal Opportunity. Operator shall strive to balance the number of boys and
girls participating in each of its programs. Equal opportunity shall be given to both boys
and girls to participate in try -outs, clinics, tournaments, academies and any other
programs that Operator provides.
5.13 Trade Fixtures. Operator shall provide and install all appliances, furniture,
fixtures and equipment that are required for the tennis concession. Prior to taking
possession of the tennis concession, Operator and City shall take an inventory of its own
equipment. Operator shall provide a copy of the Operator inventory for review and
approval. During the last thirty (30) days preceding the termination of this Agreement,
the City and Operator will conduct a walk-through of the Facilities with the inventory
checklist to ensure that all parties are in agreement of the ownership of trade fixtures and
equipment belonging to each party. Operator shall remove all personal items identified on
the checklist from the Facilities, other than for those items of personality, which have
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25F-9
Exhibit 7
been furnished by the City or so affixed that their removal therefrom cannot be
accomplished without damage to the realty. Should Operator fail to so remove said
appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30)
day period, Operator shall lose all right, title and interest in and thereto, and City may
elect to keep same upon the premises or to sell, remove or demolish same. Operator shall
reimburse City for any and all costs, as determined by the Executive Director, incurred in
excess of any consideration received from the sale, removal or demolition thereof.
5.14 Alteration of the Facilities. Operator agrees all changes or modifications to
any of the Facilities requires prior written approval of the Executive Director. All
requests for such changes or modifications shall be submitted by Operator to City by
utilizing its current Field/Facility Modification Request process, and City reserves the
right to approve or deny such requests. A copy of the City's current Field/Facility
Modification Request process form is attached hereto as Exhibit C.
6.0 OPERATOR RESPONSIBILITIES
6.1 Operator, at its own expense, shall be responsible for maintaining all
repairs to and replacement of all improvements and equipment thereof in good and
substantial condition, including the painting thereof upon written request by the
Executive Director. Operator shall, in a timely manner, perform all repairs as required
for the maintenance thereof and in compliance with all laws applicable thereto including
but not limited to:
Twist -Basler House and Small Clubhouse
• Daily maintenance of the pro shop interior & locker rooms.
• Painting of interior walls of the pro shop as needed or at Director's
request
• Replacement of interior/exterior light bulbs of the pro shop as
needed or at Director's request.
• Replace broken window glass.
• Repair and/or replace carpeting and/or tiles.
• Repair and/or replace broken or damaged doors.
• Repair plumbing and lighting fixtures inside the pro shop as
needed or at Director's request.
• Custodial services for the Facilities.
• Payment of other utilities not listed herein, including payment of
telephone and cable charges.
Restroom
• Daily visual inspection of restroom supplies and provide general
cleanliness.
• Replenish restroom supplies as provided by the City.
Tennis Courts
• Sweeping and/or blow cleaning of all courts and concrete
walkways daily and/or as needed.
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Exhibit 7
• Repair and/or replace tennis nets, net cables, net headbands,
ball machines and center straps as needed or at Director's request.
• Repair and/or replace tennis court umpire seats and court -side
spectator benches as needed or at Director's request.
• Litter controls twice a day or more frequently if needed.
• Repair the Public Address system as needed or at Director's
request
• Repair Windscreens.
• Perform the specialized maintenance that the clay tennis court requires
pertaining to the water levels and grooming that are required per the
instructions set forth in Exhibit B, attached hereto and incorporated herein.
• Report to Director any tennis court light bulbs that need to be
replaced.
• Provide tennis court light bulbs to the Director who will replace
the burned out or broken light bulbs.
• Provide Resurfacing/Maintenance. Operator shall re -surface and
maintain the nine (9) existing courts as often as necessary to assure high
quality tennis court surfaces at all times.
• Minimize the impact of cracks on tennis play by means of epoxy and/or
other means technological products used to level surface, but shall not be
responsible for a major capital court surface replacement.
• Clay Court Maintenance. Operator shall perform Daily inspection
and maintenance of the clay court in accordance and compliance with the
Har-Tru specifications attached hereto and incorporated herein as Exhibit
B. Maintenance shall include daily litter/debris removal, weed removal,
grooming with Aussie Clean Sweep and Line Sweeper, tape and nail
inspection/repair. Courts and line tape shall be swept between each
reservation. Operator shall monitor the hydration system to ensure
sufficient moisture is evenly distributed throughout the court. Once a
month (or more frequently depending on use) the clay court shall be
scarified with Har-Tru Gator rake and steel Bristle Drag Brush. The clay
court shall be rolled as necessary to obtain an even level surface. The other
items such as nets, windscreen, fencing etc. shall be maintained up to the
same level as the other concrete tennis courts. (See attached Exhibit B for
equipment description, maintenance detail and rolling technique).
6.2 Damage, Destruction or Vandalism of Facilities. In the event of damage,
destruction or vandalism by third parties of any of the Facilities, Operator shall repair or
rebuild the same as soon as reasonably possible, except in any of the following
circumstances: (a) Operator reasonably determines that the repair or rebuilding cost
exceeds the sum of the proceeds available from the applicable insurance carried pursuant
to this Agreement and any related deductible amounts; (b) the damage or destruction
occurs within the last four (4) months of the Term. If any of the foregoing circumstances
exist, then the Operator may, not later than thirty (30) days after the date of said damage
or destruction, notify the City of the Operator's intent not to repair or rebuild the
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Exhibit 7
damaged or destroyed Facility. If the Operator so notifies the City, then this Agreement
shall immediately terminate.
Operator and City agree that if the cost of repair is less than $3,000.00, Operator
will be solely responsible for the repairs. In the event that the cost of repairs is over
$3,000.00, the City and Operator will share in the cost of repairs. The percentage of
shared cost will be on a case -by -case basis, based on the cause and extent of the damage.
All maintenance/repair shall commence within thirty (30) days of the need thereof
and diligently prosecuted to completion of same, except where the state of disrepair is
such that an emergency or hazard is created thereby in which event there shall be an
immediate correction thereof.
7.0 CITY RESPONSIBILITIES
7.1 City's Right to Enter. The Executive Director and City staff shall have the
right to enter the Facilities at all times for the purpose of inspection, evaluation, and
observation of Operator's operation. During these inspections, they shall have the right to
photograph, film, or otherwise record conditions and events taking place upon the
Facilities. Inspections may be made for the purposes set forth below, and for any other
lawful purpose for which the City or another governmental entity with jurisdiction is
authorized to perform inspections of the Facilities:
• To determine if the terms and conditions of the Agreement are
being complied with.
• To observe transactions between the Operator and
patrons in order to evaluate the quality and quantities of services
provided or items sold or dispensed.
7.1.1 Should Operator, after ten (10) day notice from City of the
need thereof, fail to perform its maintenance service obligations
required herein, City in addition to all other available remedies
may, but shall not be obligated to, exercise its Right of Entry as
provided herein. City may enter upon the Facilities and perform
perform Operator's failed obligations and Operator shall
forthwith on demand reimburse City for its costs so incurred including
direct and indirect overhead costs as determined by the Executive
Director.
8.0 INSURANCE AND INDEMNIFICATION
8.1 INSURANCE COVERAGE.
A. Commercial General Liability. In addition to the Operator's covenant to
indemnify and hold harmless City, Operator shall obtain and furnish to City, a policy of
general public liability insurance, commercial general liability insurance covering the
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Exhibit 7
Facilities and Operator's property. The policy shall indemnify Operator and City, their
officers, agents and employees, while acting within the scope of their duties, against any
and all claims arising out of or in connection with the Facilities and Operator's property,
and shall provide coverage in not less than the following amount: combined single limit
bodily injury, personal injury and property damage, liability, of at least $1,000,000 per
occurrence.
B. Live Scan/Background Clearance. To maintain a safe environment, Operator
will be held accountable for conducting background clearance (live -scan) for all staff
working at the facilities.
C. Workers Compensation and Employers' Liability. Workers Compensation
and Employers' Liability insurance or qualified self-insurance satisfying statutory
requirements, which includes Employers' Liability coverage with limits of not less than
$1 million per accident.
D. Additional Insured Endorsement. The City also requires an Additional
Insured Endorsement, in substantially the same form as Exhibit D. The policy shall name
City, its agents, officers, employees and volunteers as Additional Insureds, and shall
specifically provide that any City insurance coverage which may be applicable to the
Facilities and Operator's Facilities shall be deemed excess coverage and that Operator's
insurance shall be primary. Operator is required to give the City no less than thirty (30)
days' notice of cancellation or reduction in coverage. No cancellation provision in any
insurance policy shall be construed in derogation of the continuous duty of Operator to
furnish insurance during the term of this Agreement.
E. Provision of Policies. Prior to execution of this Agreement, Operator shall
furnish to City certificates of insurance and additional insured endorsements to each of
Operator's insurance policies, on a form approved by the City Attorney, evidencing the
foregoing insurance coverages as required by this Agreement; these certificates shall:
i. Provide the name and policy number of each carrier and policy;
ii. State that the policy is currently in force; and
iii. Promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days
prior written notice of City; and
iv. Operator shall maintain the foregoing insurance coverages in force
throughout the term of this Agreement.
v. City or its representatives shall at all times have the right to demand the
original or a copy of all these policies of insurance, which Operator shall
provide within fifteen (15) days of City's request.
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Exhibit 7
8.2 INDEMNIFICATION
8.2.1 Indemnification, Defense, Hold Harmless. Operator shall protect,
defend, indemnify and save and hold harmless City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation costs and fees of litigation of any
nature) arising out of or in connection with Operator's performance of this
Agreement or Operator's failure to comply with any of Operator's obligations
contained in this Agreement by Operator, its officers, agents or employees except
such loss or damage which was caused by the sole negligence or willful
misconduct of City. In the event City is named as codefendant, Operator shall
notify City of such fact and shall represent City in such legal action unless City
undertakes to represent itself in such legal action. Operator further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by City, regarding any action by a
third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from
this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
8.2.2 Indemnification Regarding Hazardous Material. Operator covenants
and agrees to indemnify City from and against any contamination of the Facilities
with Hazardous Materials by Operator occurring after commencement of this
Operator Agreement. Operator further agrees to defend and hold harmless the
City from and against any and all actions, agreements, attorneys' fees, causes of
action, claims, contracts, costs, covenants, damages, debts, demands, expenses,
judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise
during or after the term of this Agreement related to the existence of Hazardous
Materials (from whatever cause) on the Facilities or in the groundwater on or
under the Facilities except for: (1) the cost of any remediation of Hazardous
Materials deposited in the soils of the Facilities by the City or its employees,
agents and contractors, and, (2) any third party personal injury actions which
allege exposure to such undiscovered Hazardous Materials as a result of use of the
Facilities in a City -sponsored program, or third party activity scheduled by the
City. This indemnification includes, without limitation, costs incurred in
connection with any investigation of site conditions or any cleanup, remedial,
removal, or restoration work required by any federal, state, or local governmental
agency or political subdivision because of Hazardous Material present in the soil
or groundwater on or under the Facilities. As used herein, the term "Hazardous
Material" shall be interpreted broadly to means any hazardous or toxic substance,
material, or waste that now is or hereafter becomes regulated by any local
governmental authority, the State of California or the United States Government.
9.0 NOTICES.
#20089v2
250114
Exhibit 7
All written notices required to be given pursuant to the terms hereof shall be
either (i) personally delivered, (ii) deposited in the United States express mail or first
class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered
by overnight courier service, or (iv) delivered by facsimile, provided that the original of
such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one
business day following such facsimile. All such notices shall be deemed delivered upon
actual receipt (or upon the first attempt at delivery pursuant to the methods specified in
clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such
notices shall be delivered to the following addresses, or to such other address as the
receiving party may from time to time specify by written notice to the other party:
To Operator:
Match Point Tennis Academy
13561 Sussex Place
Santa Ana, CA 92705
Telephone No.: (714) 724-9407
To the City:
With a copy to:
Clerk of the City Council
City Attorney
City of Santa Ana
City of Santa Ana
20 Civic Center Plaza
20 Civic Center Plaza (M-29)
Santa Ana, California 92701
P.O. Box 1988
Santa Ana, California 92701
Telephone No.: (714) 647-6520
Fax No.: (714) 647-6956
Telephone No.: (714) 647-5201
Fax No.: (714) 647-6515
Executive Director of the Parks, Recreation &
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
Santa Ana, CA 92702
Fax No. (714) 647-4211
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by facsimile, communication shall be
effective or deemed to have been given twenty-four (24) hours after the time set forth on
the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these timeframes, weekends, federal, state,
County or City holidays shall be excluded.
10.0 TERMINATION.
#20089v2
25�� 15
Exhibit 7
10.1 Termination. This Agreement is subject to termination for a material
breach of the Agreement by either Party subject to the cure provisions set forth in this
Section of the Agreement. If either Party determines that a Material Breach of the
Agreement has occurred, it will give the other Party written notice of the Material Breach
no later than five (5) calendar days after the Party knows or through reasonable inquiry
should have known about the occurrence of the Material Breach.
10.2 Material Default by Operator. Any of the following constitute a material
default of the Agreement:
A. Operator ceases operation of the Facilities;
B. Operator transfers or attempts to transfer any rights or interest in the
Facilities in any fashion without the City's consent;
C. Operator fails to comply with any of the terms of this Agreement;
D. Operator elects not to repair Facilities as provided for in Section 6.3;
E. Failure to construct the Improvements within the time period agreed
upon by the Parties; and
F. Failure to pay the agreed upon monthly lease costs or the gross sales
amount.
10.3 Material Default by the City. Any of the following constitute a material
default of the Agreement:
A. City sells the property;
B. City takes action inconsistent with Operator's rights to operate the
Tennis Center under this Agreement;
C. Through no fault of Operator, the Facilities are destroyed or
damaged to the extent that they cannot be operated pursuant to the
terms of this Agreement.
10.4 Right to Cure. The parties shall have ten (10) calendar days from the date that
notice of the material breach is received to cure any material defect.
10.5 Surrender of Premises. Upon the expiration or termination of this
Agreement, Operator shall peaceably vacate the Facilities and any and all improvements
located thereon and deliver up the same to City in a reasonably good condition ordinary
wear and tear excepted.
#20089v2
250316
Exhibit 7
11.0 REMEDIES.
In event of Operator's breach, default, abandonment or insolvency, City may:
A. Continue this Agreement in effect by not terminating Operator's
right to the Facilities, in which event City shall be entitled to
enforce all of its rights and remedies under this Agreement,
including the right to recover the compensation/consideration
specified in this Agreement as it becomes due under this Agreement;
or
B. Terminate this Agreement and recover from Operator any amount
necessary to compensate City for all detriment proximately caused
by Operator's failure to perform its obligations under this
Agreement; or
C. Should Operator default in the performance of any of the terms,
conditions, or obligations contained in this Agreement, City may, in
addition to the remedies specified in this section of this Agreement,
re-enter and regain possession of the Facilities in the manner
provided by the laws of the State of California then in effect.
D. The insolvency of Operator as evidenced by a receiver being
appointed to take possession of all or substantially all of the property
of Operator, or the making of a general assignment for the benefit of
creditors by Operator, or the filing of a petition in bankruptcy shall
terminate this Agreement and entitle City to re-enter and regain
possession of the Facilities.
12.0 GENERAL TERMS AND CONDITIONS
12.1 Taxes. The parties agree that if the Facilities are assessed any taxes or
similar fees or charges due to the activities of Operator or Operator's permitted users,
then Operator shall bear the entire cost of said taxes, assessments, fees or charges.
12.2 Liens. Operator will not permit any mechanics' or materialmen's' or other
liens to stand against the Facilities by reason of any use or occupancy by Operator, or any
person claiming under Operator.
12.3 Non -Discrimination. Operator shall not discriminate as to the employment of
persons relative to the use or operation of the Facilities, nor shall it discriminate as to the
persons or entities which may use the Facilities, on the basis of race, color, religion,
national origin, ancestry, gender, disability, sexual orientation, or medical condition, in
violation of state or federal laws, or on any other basis otherwise prohibited by state or
federal law.
#20089v2
250-17
Exhibit 7
12.4 Force Majeure. Should the performance of any act required by this
Agreement to be performed by either City or Operator be prevented or delayed by reason
of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive
governmental laws or regulations, or any other cause except financial inability not the
fault of the party required to perform the act, the time for performance of the act will be
extended for a period equivalent to the period of delay, and performance of the act during
the period of delay will be excused, provided, however, that nothing contained in this
section shall excuse the prompt payment of compensation by Operator as required by this
Agreement or the performance of any act rendered difficult solely because of the
financial condition of the party, City or Operator, required to perform the act.
12.5 Access. Each party shall provide access to the Facilities to the other party,
and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day,
seven (7) days a week. City represents and warrants that it has full rights of ingress and
egress to and from the Facilities, and hereby grants such rights to Operator to the extent
required to maintain, and operate Operator's program within the Facilities. Operator's
exercise of such rights shall not cause undue inconvenience to City.
12.6 Restrictions on Assignment. This Agreement is entered into specifically
with the parties in mind. Therefore, neither party shall assign any or all of its rights
under this Agreement without the prior written consent of the other party, in its sole and
absolute discretion.
12.7 Contract Administrator. The Executive Director of the Parks, Recreation
and Community Services Agency, or his/her designee, shall be City's Contract
Administrator for this Agreement and all approval and notices required to be given herein
shall be so directed and addressed.
12.8 Incorporation of Recitals/Exhibits. All of the recitals and exhibits set forth
in or attached to this Agreement are by this reference incorporated in and made a part of
this Agreement.
12.9 Construction. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any amendments hereto.
12.10 Governing Law and Venue. This Agreement shall be construed and
interpreted in accordance with and shall be governed and enforced in all respects
according to the laws of the State of California. If a dispute arises between the Parties,
venue shall be proper in Orange County, California.
12.11 Entire Agreement. This Operator Agreement and the Exhibits attached
hereto constitute the entire agreement between the City and Operator for the use granted
at Cabrillo Tennis Facility for the operation and maintenance of a tennis concession
facility. All other agreements, promises and representations with respect thereto, other
than contained herein, are expressly revoked, as it has been the intention of the parties to
#20089v2
250518
Exhibit 7
provide for a complete integration within the provisions of this document, and the
Exhibit(s) attached hereto, the terms, conditions, promises and covenants relating to the
operation and maintenance of a tennis concession facility and the Facilities to be used in
the conduct thereof. No alteration of or amendment to this Agreement shall be effective
unless given in writing and signed by the party or parties sought to be charged or bound
by the alteration or amendment.
12.12 Captions. Any captions or headings to the sections and subsections in this
Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of validity of this
Agreement or any provision hereof.
12.13 Severability. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
term or provision had never been contained herein.
12.14 Further Assurances. Each party shall cooperate with the other and shall
execute such other documents as may be reasonably necessary to carry out the provisions
of this Agreement.
12.15 No Waiver. Any waiver, consent or approval by either party of any breach,
default or event of default of any provision, condition or covenant of this agreement must
be in writing and shall be effective only to the extent set forth in writing. No waiver of
any breach, default or event of default shall be deemed a waiver of any later breach,
default or event of default of the same or any other provision of this Agreement. Any
failure or delay on the part of either party in exercising any power, right or privilege
under this Agreement shall not operate as a waiver thereof, nor shall any single or partial
exercise of any such power, right or privilege preclude any further exercise thereof.
12.16 Cumulative rights and remedies. No right or remedy conferred by any of
the specific provisions of this agreement is intended to be exclusive of any other right or
remedy given hereunder or hereafter existing at law or in equity. The exercise of any one
or more rights or the election of any one or more remedies by any party shall not
constitute a waiver of the right to exercise other available rights or pursue other available
remedies. In the event suit is brought by either party to enforce the terms and provisions
of this Agreement or to secure the performance hereof, each party shall bear its own
attorney's fees.
12.17 Conflict of Interest. Operator covenants that it presently has no interests
and shall not have interests, direct or indirect, which would conflict in any manner with
performance of services specified under this Agreement.
12.18 Non -Recording. Neither party shall record this Agreement
##20089v2
25�-
Exhibit 7
12.19 Authorization eWarranty. Operator represents and warrants that the
signatory to this Agreement is fully authorized to obligate Operator hereunder and that all
corporate acts necessary to the execution of this Agreement have been accomplished.
IN WITNESS WHEREOF, the parties hereto have caused this Operator
Agreement to be executed by and through their authorized officers the day, month and
year first written above.
ATTEST:
Daisy Gomez, CMC
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Lisa Rudloff, Executive Director
Parks, Recreation and
Community Services Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
#20089v2
17
25F-20
By: ELSON Y)DE CANTUARIA
Director
Match Point Academy, LLC.
Tax ID # —20_ 83 p2 eEcZ
Exhibit 7
EXHIBIT A
#20089v2
20821
Exhibit 7
EXHIBIT B
#20089v2
250923
Exhibit I
BASIC TOOLS &. EQUIPMENT
Having the correct tools and equipment to maintain your Har-Tru courts is very
important in providing a consistent playing surface. The following Is a list of basic
tools and equipment that is necessary for a consistent maintenance program.
Drag Brunch: Drag Brushes are Important to have on the
courts as they provide grooming and keep the surface
consistent, Bristles can replaced as they wear without
replacing the whole brush.
Line Sweepers: Line Masters are a great tool to keep your
Har-Tru surface material off of court Imes. Tfke circular
brush should be replaced periodically to ensure good
consistent brushing.
Aussie Clean Sweeps; The Aussies are designed to pick
up deirris that falls on the courts such as pine needles,
leaves etc. 'The Aussie Is also used in place of brushing
when you want a less aggressive surface groom and creates
less surface drying,
Lutes. Having a couple of lutes available ror use will be
necessary when you want to periodically scrape up 11005e
land dead material from the courts, In need of a light
scarifying and conducting patch and repairs on the surface,
Replamthe blades as they wear down and become less
agitating to the court.
Har-Tru Gator Rakes, Having a Gator Rake on hand will be
essential In case s where the surface will need a deeper
scarification. -There are hand and tow models available.
Steel Bristle Drag Brush. Having a Steel Bristle Drag
Brush on hand will also be necessary when you want a less
aggressive scarification than with the court rake however
using the Steel Bristle Drag Brushes when the surface is
too damp will cause surface material to cake on the bristles
and drop off, Use the brush when surface is less moist,
Rollers; Having a reliable roller will be very important in
maintaining Har-Tru tennis courts. Performing preventative
maintenance on your equipment will ensure longevity and
consistent results. See Owner's Manual for preventative
maintenance schedules.
25F-24
Exhibit 7
SPECIALIZED TOOLS & EQUIPMENT
Specialized tools may be necessary to complete your arsenal of tools. Knowing what
tools are available will help to maintain a high standard In maintenance practices.
Court Iwevlis: Har-Tru Court Devils come In 2 different
sizes. A tow model and a hand model is available. This
equipment is used when a more aggressive surface agitation
is needed due to surface over -compaction or weed, algae
and moss growth occurs,
Hand Rollers: Har-Tru Hand Rollers come In 2 sizes, 24"
and 16". Both rollers can be filled with water for added
weight. These court rollers are perfect for touch-up work
around court edges and patching low spots.
Spreaders: Tru-Flow Spreaders and Top -Dressers com in
3 different sizes, 24", 36" & 54 These spreaders car be
used when annual Cop -dressing occurs or whenever the
need to drop Har-Tru surface material consistently.
Line Scrub: The Har-Tru Line Scrub is a great tool for
cleaning court lines when a more aggressive brushing is
necessary.
Power Rollers: I'lar-Tru Power Rollers come in a variety of
forms. Court Pac, Court Pac Pro and Tow Rollers make
rolling Har-Tru tennis courts safe, fast and easy. Choose
Har-Tru brand equipment for all of your maintenance needs.
25F-25
Exhibit I
COURT EQUIPMENT
Inspect condltlon of the following equipment;
Euuipment
( Center Strap Anchors
Center Straps and Hooks
Court Numbers
Dra Brushes
Line Scrub _ _..—.
Line sweepers
_,.• f....._.
Llne Tapes
Lute Scariflers
Nets
Net Posts
Net Post Reels
'hollers
Roller Gnashes
Roller Scrapers
Tennle Terra -Ste
__ _
Tidi-Court _
_
Y
Windscreens
Fasteners
_
Ty -Wraps
Plastic Snaps__...,
25F-26
Exhibit I
DAILY MAINTENANCE
MORNING
1. Inspect Har-Tru surface for minor scuffing, If baseline areas require divot
repair, lute and redress as necessary.
2. Remove any weed growth problems and foreign debris from the surface.
3, inspect tapes and nails for lifting of shifting,
4. Groum surface with an Aussie Clean Sweep, Court Rake or a Drag Brush, Make
wide turns with the Drag Brush to ayold accumulation of Har-Tru material. The
Aussie Clean Sweep serves a dual purpose; as a smoothlnp/leveling tool (with
teeth in the uli position) and a debris remover (with teeth In the down posltlon),
5. Sweep the line tapes. Ensure the line tape area beneath the net has been
swept. Use a Line Scrub to remove surface material that adheres to tho line
tape.
G. Roil the surface If necessary. Make wide turns, Avoid twisting and turning
motions that cause surface damage,
7. Sweep the tape lines after tine surface has been rolled for a cleaner looking line
(optional),
S. Ensure that the net and center strap is set correctly.
9, Clean benches, coolers, cooler stands, ect. If these items are kept on -court
during the season, move them and groom the surface below orr a regular basis.
10, Wash out the Tennle Two -Step on a daily basis If possible.
I I.Inspect windscreens.
12.Ensure Line Sweeper, Aussie Clean Sweep, Court Rake and Drag Brush are
stored properly and do not pose a hazard to players.
MID -DAY
Mid -day maintenance keeps the court looking and playing as well during late
afternoon as It plays in the morning. The ideal situation wfuld be for
maintenance time to be scheduled so courts could be brushed, lines swept and
the surface watered properly. The moisture level In the court profile should
remain adequate until the next maintenance period,
EVENING
Adequate brushing and thorough watering will ensure quality playing conditions
the following day,
L Brush In alternate directions, particularly around baseline areas to smooth
surface prior to watering. Alternate direction of brushing on a nightly basis,
2. Water the court in a "cycling method" to accomplish a thorough watering cluring
the course of.an evening with as little run-off of water as possible. Proper
timing or watering cycles is best determined by observation. The ideal situation
would be For the court profile to retain adequate moisture until the next
maintenance period.
25F-27
TECHNIME-EDR." l iS_.�pNT{N�S(7 S" f Qf.LING
Ex®molo of rolling
stoverAl courts
without removing nets.
Om
25F-28
Exhibit I
PERIODIC MAINTENANCE
1. Inspect court surface rnaterial for any build-up to be removed;
particularly along the net line.
2. Inspect the court surface for weed growth. Algae control is best achieved
by following these guideliizes:
a. Agitate low traffic areas on the court periodically. Use the Court
Rake, Lute/Scarifier, Steel Bristle Drag Brush, Court Devil or the
Lee Tow Scarifier,
b. Stay on. top of growth problems by regular observation and '
preventive maintenance practices such as frequent surface
agitation.
c. Consult your local county agricultural cooperative extension agent
prior to the purchase and application of any chemicals.
d. Always read the entire chernical label and follow any safety
precautions prlor to application.
3. Perlodic leveling/smoothing of the court surface may be required,
particularly In areas of heavy play. The best time of the day for
smoothing the surface Is during the afternoon when the surface is drier,
just before turning on the watering cycle. Use a regular or Steel Gristle
Drag Brush.
4. Periodic observation of the Irrigation heads while Irrigation system Is
running is the best preventive measure to ensure thorough and even
water distribution.
25F-29
Exhibit 7
Freeze/Thaw Effect of Har-Tru Courts
Frost occurs in the Neer-Tru clay court surface profile when water in the
surface rreezes. Depending on the extent of the freezing woather, front
may extend through the entire V thickness or Har-Tru, When sunlight snd
higher temperature reach the frozen surface the following morning, these
ice crystals will begin to melt from the top of Uie surface downward through
the profile.
it may take several hours for all ice crystals to melt in the profile. While
these Ice crystals are melting, water will form on top of the surface and form
puddles until the entire surface belovd begins to thaw. Once the profile. has
thawed completely the water will draln through the profile,
Until the entire profile has thawed and the water has drained back down
into the profile, the surface may be too wet for maintenance practice s and
for tennis play. We recommend everyone stay off the surface until it is
playable and workable since any traffic on a wet surface may compromise
the duality of thet surface. If players or court maintenance staff enters the
playing area before, this drying cycle is complete, minor damage to the
surface can occur.
To repair the indentatians (footprints, roger marks, etc.) caused by entering
the playing area too q&kly, use standard patching techniques or call Har-
Tru Sports or your local Mar-'rru Clay Court material distributor for
guidance.
25F-30
Exhibit I
END OF SEASON MAINTENANCE
1. Tennis Nets: Remove and attach a tag noting any repairs needed.
2. Windscreens: Inspect for needed repairs, label for easy relocation next season
and fold neatly for storage in a plastic bag. Walt until the windscreen is dry
(afternoon) before removing. Fence maintenance during the "off-season" can
he accomplished much easier without the windscreens hanging on the fence.
3. Net posts: Remove and Inspect 'or repairs,
4. Cover net posthoies to prevent water, surface material and debris from entering
during the off-season.
S. Remove the tapes and nails. Ensure all nails have been removed from the court
surface.
i. Caolers; Wash inside and out. Repair spouts if necessary.
7. Benches: Wash, repair and paint If necessary,
S. Line Sweepers, Drag Brushes and other accessories: Wash clean, inspect i'or
repairs and hang properly to protect the bristles.
g. Roller: Consult owner's manual for groper servicing.
10.Aussle Clean Sweep: Wash clean, Inspect for repairs and hang to protect rubber
matting.
END OF SEASON MAR-TRU SURFACE MAINTENANCE
1, Brush and roll repeatedly to rill in and compact old nall holes.
2. Covering court surface with a nylon reinforced plastic cover for the winter
months reduces the amount of reconditioning required the fotlowtnq staring,
25F-31
Exhibit I
FAIL SURFACE RECONDITIONING
Fall surface reconditioning is increasing in popularity because the tennis courts
can be opened earlier in the spring when demand for play Is strong and time
available for reconclitioning Is shoji:, particularly during a wet spring. The
maintenance staff is under less time constraint In the fall, allowing for better
quality control In providing a superior playing surface. More time Is available
for other important (and often postponed) spring maintenance duties around
the tennis court, Fall weather patters are more stable & predictable for
reconditioning. Initial expense to purchase a tennis court cover is justified
conslderind the life of the cover, benefits to the players and increased
productivity of the maintenance staff,
WINTERIZING THE IRRIGATION SYSTEM
1. Turn off main water supply,
2, Ensure manual valves at base of sprinkler heads are open.
3, With an air compressor, blow out the Irrigation lines by activating each zone
separately for approximately 5 minutes, do not exceed 60 psi. Open each zone
valve box cover and Inspect valves for any needed repairs while the system Is
tieing blown out,
4. Repeat step 3 until all water has been blown through the system,
5. Remove any debris from Inside the valve boxes,
6. Replace valve box lids,
7. Note any repairs or Improvements needed for the system before the next
season
CONTINUING EDUCATION
Several educational aids are available for staff training; the General
Maintenance Outline for Har•Tru Tennis Courts, the Maintenance Video, the
maintenance DVD and other resources, Visit our web-slte at www.har-tru,com
for additional Information. These products are ideal for keeping your staff
informed, on a regular bRSIS about the most efficient methods of Har-Tru tennis
court maintenance.
25F-32
Exhibit I
5 YEAR BUDGET MAINTENANCE PLAN
The following includes a list of goals and tirne tables based on the Court Analysis
Survey. Thesr timetables can be used in budgeting for short and long term
projects.
Subject
Description
Schedule
_
Laser Grading
Laser grading should be considered every
Every 10-15
& 1" lift
10-15 years.
years
Top -Dress
Topdressing is necessary for each annual
Annually _
opening, 1-2 tons of Har-Tru per court
should be applied with each top dress.
Line Tape
Line Tapes sho u Id bepuIIed up pri or bb top
Annually
replacement
dressing. This will ensure that lines are
straight, tight and have no surface material
buildup on either side of line tapes during
the _playing season,
Windscreens
Windscreens should be replaced every 3.5
Now
years or as they start to fade, discolor and
&
et brittle,
3-5 vears
_
Fencing -Hard
Fencing should be painted or replaced as
As Needed
Courts
needed, Keeping this project In a cycle will
help to eliminate a build up of high
_
bud etar-y costs. _ -
-
7�ols &
Keeping Brushes and Hand tools 1n good
Drag
Equipment
working condition is essential for great Har-
Brushes,
Tru courts. Replacing worn brushes, lute
tine Masters
blades etc, will keep the tools working
Lutes
properly.
Aussie's
Roller
Having a reliable roller on site will be
Grease
important to ensure the best possible
annualiy &
courts. Preventative maintenance will
perform
ensure reliable equipment.
scheduled
Preventative
Maintenance
Amenities
Nets, Net Posts, Coolers, Benches, etc.
As Ncedeal
should be replaced as needed.
25F-33
Exhibit I
Maintenance Properly unaintained Har-Tru courts ensure Annuafly
Training court longevity and consistent playabillty
which can really affect a Faculty's bottom
line. Making sure the maintenance crew is
sufficiently trained is key. We offer
Information on our website that can provide
the training and knowledge needed,
Attending maintenance seminars gives a
Maintenance Employee an opportunity to
learn about best practices and to meet
others In the same industry. They get
hands on training Moth in a classroom
setting and out on the court, Please contact
Har-Tru Sports for more Information.
The following are staffing recommendations for daily maintenance of clay tennis courts.
Hair-Tru
We recommend 45-61 minutes per court each day. There are variables each day, week,
month and annually, This staffing recommendation is an average figure meant is help to
determine staffing needs for the maintenance of Har-Tru Clay tennis courts.
SUB -IRRIGATED
We recommend 20-30 minutes per court, per day. There are variables each day, week,
month and annually, This staff1ng recommendation is an average figure meant to help to
determine staffing needs for the maintenance of Sub -Irrigated Lentils courts,
25F-34
Exhibit 2
MATCH POINT TENNIS ACADEMY AT CABRILLO TENNIS CENTER
CABRILLO TENNIS CENTER OPERATOR PROPOSAL
2" i Year Vision
Proposed Addition
o
Red -Clay Courts
I
CABRILLO TENNIS CENTER.
, borm:
25F-35
25F-36