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Home My WebLink AboutMATCH POINT TENNIS ACADEMY LLC. (2)INSURANCE ON FILE WORK MAY PROCEED A-2020-060 a UNTIL INSURANCE EXPIRES v DS It 4 A102� o CLERK OF COUNCIL co DATE: o FIRST AMENDMENT TO AGREEMENT FOR THE 0 0, rtSti MANAGEMENT, OPERATION, AND MAINTENANCE OF THE P H f,hlie rr e1_SrC1j CABRILLO TENNIS CENTER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 1, 2020, by and between Matchpoint Tennis Academy LLC, a California limited liability company ("Matchpoint") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 17, 2019, City and Matchpoint entered into an Agreement for the management, operation, and maintenance of the Cabrillo Tennis Center ("Facility") located at 800 N. Cabrillo Park Drive, Santa Ana, California ("Agreement"). B. The Agreement remains in effect through December 31, 2034. C. Pursuant to the terms of the Agreement, Matchpoint is required to make certain improvements to the Facility, including the installation of two (2) clay tennis courts at the Facility no later than December 31, 2020. D. As a result of the global Coronavirus (COVID-19) pandemic, declarations of emergency have been made by the federal and state governments, and by the County of Orange. On March 17, 2020, by Resolution No. 2020-016, the City of Santa Ana declared a local emergency. (collectively with related federal, state, and county orders, "Government Orders"). Ensuing physical distancing and other measures imposed by government have made it impossible for recreational facilities such as tennis centers to operate. On March 18, 2020, the County of Orange directed similar facilities to close during the pandemic in accordance with written guidance on March 16, 2020, by the California Department of Public Health, relating to Retail Food, Beverage, and Other Related Service Venues. E. The Facility has closed to the public due to the Government Orders, and the parties now wish to amend the Agreement to provide Matchpoint additional time to complete the installation of two (2) clay tennis courts at the Facility because of the closure of the Facility due to the COVID-19 pandemic. The Parties therefore agree: 1. Section 4.1, Improvements to the Facilities, is hereby amended to extend the deadline for Matchpoint to complete the installation of two (2) clay tennis courts at the Facility for six (6) months until June 30, 2021, as necessary due to the closure of the Facility and inability to timely conduct construction because of the COVID-19 pandemic. This deadline may be extended, as necessary, upon a writing executed by the City Manager and City Attorney. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST �Dqisy r D- ..ro II>._ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: V' Ryan . H Se Assi t Ci Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA istine Ridge City Manager MATCHPOINT TENNIS ACADEMY, LLC U "/w Y07 Name: 61.sovu T .DE C AN`Ft OAYc'�A Title: (AP vvt 6er//L w Q xr n v isa I dlo utive Director Parks, Recreation, and Community Services Agency Page 2 of 2 ACORae CERTIFICATE OF LIABILITY INSURANCE i DATE`NNIeOY" 1 0911912019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROWCER MPX Insurance Services, Inc. 6B Liberty Suite 200 Aliso Viejo, CA 92656 cDNTACT Khallah Campbell NAME: PHaNEN IN IN r. (949)334-5330 iac xeX (949}291-2877 IL ADDRESS: khaliah@mpxinsumnca.com INSURERS AFFORDING COVERAGE "IC0 License M OH49306 INSURERA: Scottsdale Insurance Company 41297 INSURED INSURERS: Ohio Security Insurance Comapny 24082 INSURER C: Match Point Tennis Academy LLC INSURFut O: 800 Cabrillo Park Drive Santa Ana, CA 92701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-10465 REVISION NUMBER: 25 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.— INBR L TYPE OF INSURANCE ADDL SURR POUCY NUMBER PODGY EFF PWICY E%P MMx1 MMIDDII'YYY _ 1 LIMITS A }t COMMERCMLGENERALLIABIUTY Y Y ICPS3297776 09/12/2019 09/12/2020 EACHOCCURRENCE $ 1000000 OOCCUR PREENIISE5 Ea�Omrremx S 10O 000 MEO E%P (Al,yare perecn) $ _ _5,000 T77—Ims— PERSONAL$AGV INJURY $ 1000000 U E MITAPPUES PER. GENERAL AGGREGATE $ 2.000.000 GEMLAGGREG�ATI X. PIXICY ' 5®R T LOc PRODUCTS -COMPIOP AGO $ 2,000,000 OTHER. Deductible s 506 AUTOMOBRE LMeILOY WSINERSINGLE LIMIT S EODILYINJURY(Per Pmsan) S ANY AUTO OWNED SCHEWLED AUTOSONLY AUTOS BCDILYINJURY(Pe:r em) $ HIRED NONOVRIEO PROPERTY DAMAGE Pu emdm, S AUTOSONLY AUTOS ONLY S --_ UMBREILA DABS OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS Like CWMSMADE DEO I RETENTIONS _ _ $ B EMPLOYERT XWS j20j 59985643 0612312019 05/2312020 X STATUTE.._ ERH AND D UABIION LT' YIN _. _ $ 1,000,000 ARTMEEREXCLUDEECUTIVE E.L EACHACCIDENT OMY FFICE MEIETOR (m.mlawry in NH) � NIA j EL. DISEASE EA EMPLOY $ 1,000,000 If Yes dafcdOe,oMer OEBCRIPTION OF OPERATIONS belom - __ _ _ E.L DIBFASEPOUCT LIMITI $ 1,000,0000 A General Liability CPS3297776 09/09/2019 09/0912020 SexuaV Physical Ab $25K1$50K A General Liability 1 CPS3297775 D9/0912019 09109/2020 Participant Injury $25K/$50K DESCRWTONOFOPERATW$ILOCATONSIVEHICLES(ACORD 101. AddlUmul Rmme sschedule, may Waroclmd N mom spme is nquhed) The City of Santa Ana, Risk Management, its officers, employees, agents, representatives, and volunteers are listed as additional insureds in regards to the General Liability policy per the attached endorsement Primary and non-contributroy wording applies to the General Liabilty per the attached endorsement Waiver of subrogation applies to the General Liability policy per the attached endorsement Cancellation provisions apply to the General Liabilty policy per the attached endorsement continued on ACORD 101 Additional Remarks Schedule City of Santa Ana Risk Management 20 Civic Center Plaza, Santa Ana, CA 92702 60 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. registered marks of ACORD Printed by KCC on September 19, 2019 at 10.15AM M. LAMBERT IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or de- c. Recommend changes. livering to us advance written notice of cancel- lation. 2. We are not obligated to make any inspections, 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of can- cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful: or b. Comply with laws, regulations, codes or standards. US. 3. Paragraphs 1. and 2. of this condition apply not 4. Notice of cancellation will state the effective date only to us, but also to any rating, advisory, rate of cancellation. The policy period will end on service or similar organization which makes insurance inspections, surveys, reports or rec- that date. ommendations. S. If this policy is cancelled, we will send the first 4, Paragraph 2. of this condition does not apply to Named Insured any premium refund due. If we any inspections, surveys, reports or recom- cancel, the refund will be pro rata. If the first mendations we may make relative to certifi- Named Insured cancels, the refund may be less cation, under state or municipal statutes, ordi- than pro rata. The cancellation will be effective nances or regulations, of boilers, pressure even if we have not made or offered a refund. vessels or elevators. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is auth- orized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums: and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except in the We may examine and audit your books and records case of death of an individual named insured. as they relate to this policy at any time during the If you die, your rights policy period and up to three years afterward. y and duties will be transferred to your legal representative but only while acting D. Inspections And Surveys within the scope of duties as your legal repre- sentative. Until your legal representative is ap- 1. We have the right to: pointed, anyone having proper temporary custody a. Make inspections and surveys at anytime: of your property will have your rights and duties but REVIEWED & APPRO��Swith respect to that property. NRv [NIL MANAGEMENT DNISiON k l EC 23 2019 IL 0017 11 98 op i Insurance services Office, Inc., 1998 Page 1 of 1 AGENCY CUSTOMER ID: 00000000 _ LOC #: A oROe ADDITIONAL REMARKS SCHEDULE Page 2 of z AGENCY NAMED INSURED MPX Insurance Services, Inc. Match Point Tennis Academy LLC POLICY NUMSER NIA CARRIER NAIC CODE Multiple Carriers EFFEGTIVEDAffi: COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- (2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be pri- Primary And Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional This insurance is primary to and will not seek con- insured. tribution from any other insurance available to an additional insured underyour policy provided that: (1) The additional insured is a Named Insured under such other insurance; and & APPROVED 1GEMENT DIVISION 23 2019 CG 20 01 0413 ra%—je X ice, Inc., 2012 Page 1 of 1 POLICYNUMBER: CPS3297775 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The City of Santa Ana, its officers, employees, agents and volunteers 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, If not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your work' done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. VED & APPROVED MANAGEMENT DiVISiON 232019 CG 24 04 05 09 Co �el:;ces 9ffiserinc.. 2008 Page 1 of 1 r+4ikh LAMBERT cg2404a. fao POLICYNUMBER: CPS3297775 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) OrOrganization(s) Location(s) Of Covered Operations The City of Santa Ana, its officers, Various employees, agents and volunteers 20 Civic Center Plaza Santa Ana, CA 92702 (Refer to form CG 2001 for PNC Wording) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work. on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. & APPROVED IGFMENT DiViSiON 232019 CG 20 10 04 13 Copyright,In" ��2012 Page 1 of 2 ",I SURfiD cg20100913.fap C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insur- additional insureds, the following is added to Sec- ance shown in the Declarations; tion III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is re- This endorsement shall not increase the applicable quired by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or & APPROVED igEMENT DIVISION 232019 M. LAMBERT Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG 20 10 0413 Match Point Tennis Academy, LLC. 13561 Sussex Place Santa Ana, CA 92705 December 19, 2019 Citv of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance & Errors and Omissions Insurance Dear City of Santa Ana Risk Management Division: 1, Elson T. De Cantuaria, Director, hereby release the City of Automobile Liability. I do not use/drive any vehicle during the course and scope of my course/instruction class. Additionally, I am not a licensed professional and will not employ a licensed professional during the course of my contract. During the term of my agreement from January 1. 2020 through December 31, 2034, 1 will be providing management operation, maintenance, concessions and tennis lessons to the public at Cabrillo Tennis Center located at: 800 N. Cabrillo Park Drive, Santa Ana. j' A ' Sin�telyl,- Elson T. De Cantuana, Director By�I2iS jyEjA�& APPROVED Diivis oD 2019 M, LAMBERT