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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 16, 2024
TOPIC: Cabrillo Tennis Center
AGENDA TITLE
Second Amendment to the Agreement with Matchpoint Tennis Academy LLC
("Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis
Center
RECOMMENDED ACTION
Authorize the City Manager to execute the second amendment to the agreement with
Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the
agreement and reduce the term from 15 years to 10 years with an expiration date of
December 31, 2029 with the option for a one 5-year extension (Agreement No. A-2024-
XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On December 17, 2019, the City Council approved a license agreement with Matchpoint
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.
As part of the agreement, Matchpoint agreed to begin Cabrillo Tennis Center facility
improvements including the installation of two (2) clay tennis courts; the installation of
one (1) center tennis court; the installation of a fence, in accordance to Park
Maintenance Division standards, around the entire facility; all lighting at the facility to be
retrofitted to LED lighting; and replace two (2) air conditioning units. All facility
improvements were scheduled to be completed by December 31, 2023.
As a result of the COVID-19 pandemic, engineering and construction progress was
delayed for the installation of the clay tennis courts, the installation of the center tennis
court, and the installation of the fence around the facility. An amendment was approved
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.
Cabrillo Tennis Center
January 16, 2024
Page 2
However, due to longer than anticipated construction delays resulting from the COVID-
19 pandemic, staff is requesting additional time for the facility improvements. With that
consideration and in order to avoid future breach of contract scenario, the Parks,
Recreation and Community Services Agency (PRCSA) is recommending that 1)
Delivery dates associated with Subsections 4.1, 4.2, and 4.3 of the original agreement
be adjusted; and 2) the term of the agreement be reduced from fifteen (15) years to ten
(10) years in order to ensure Matchpoint is accountable for the terms and conditions in
the agreement.
After several meetings with Matchpoint representatives, the following amendments are
being proposed to provide additional time for the facility improvements to be made.
Facility Improvement
Original Term & Condition
Amended Term &
Condition
4.1 Installation of two (2) clay
Installed and operational no
Installed and operational no
tennis courts
later than December 31,
later than December 31,
2020
2025
4.2 Installation of one (1)
Installed and operational no
Installed and operational no
center tennis Court
later than December 31,2023
later than December 31,
2026
4.3 Fencing to be installed
Fence to be completed no
Fence to be completed no
around the entire facility
later than December 31,
later than December 31,
2023
2027
The City recognizes under Section 4.0 Improvements to the Facilities that Subsections
4.4 and 4.5 have been completed and have met the terms and conditions of the original
agreement. Both the City and Matchpoint agree that all other terms and conditions
agreed to in the original agreement will remain unchanged.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Agreement Amendment
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community
Services
Approved By: Tom Hatch, Interim City Manager
SECOND AMENDMENT TO AGREEMENT FOR THE
MANAGEMENT, OPERATION, AND MAINTENANCE OF THE
CABRILLO TENNIS CENTER
THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16,
2024. by and between Matchpoint Tennis Academy LLC, a Califomia 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 Agreement (A-2019-241) for the
management, operation, and maintenance of the Cabrillo Tennis Center ("Facility") located
at 800 N. Cabrillo Park Drive, Santa Ana, California ("Agreement").
B. On April 1, 2020, City and Matchpoint executed a First Amendment (A-2020-060) to the
Agreement to allow for additional time to complete installation of two (2) clay tennis courts at
the Facility because of the closure of the Facility due to the COVID-19 pandemic ("First
Amendment").
C. The Agreement remains in effect through December 31, 2034.
D. Pursuant to the terms of the Agreement and First Amendment, 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 June 30, 2021, one (1) center tennis court at the Facility no later than
December 31, 2023, and fencing to be installed around the entire Facility no later than
December 31, 2023.
E. As a result of the global Coronavirus (COVID-19) pandemic, engineering and construction
progress was delayed for the installation of the clay tennis courts, the installation of the center
tennis court, and the installation of the fence around the Facility.
F. The parties now wish to amend the Agreement to reduce the term of the Agreement and adjust
the delivery dates associated with the installation of the clay tennis courts, center tennis court,
and the fence around the Facility.
The Parties therefore agree:
1. Section 2.0, TERM OF AGREEMENT, is hereby amended to reduce the term of this
Agreement to ten (10) years from the commencement date of January 1, 2020 and shall expire
on December 31, 2029, with the option for one (1) five (S) year extension exercisable by a
writing by the City Manager and City Attorney, unless terminated earlier in conformance with
Sections 9 and 10 of the Agreement.
2. Section 4.0, IMPROVEMENTS TO THE FACILITIES, subsections 4.1, 4.2, and 4.3 are
hereby amended to read as follows:
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Section 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 (2) clay tennis courts shall be completed and operational no later than December
31, 2025. All costs association with construction of the two (2) clay tennis courts shall be
paid by Operator.
Section 4.2 Operator shall, in connection with its maintenance responsibilities cause one
(I ) center tennis court to be installed at the Facilities in a location determined by the City.
The one (1) center tennis court shall be completed and operational no later than December
31, 2026. All costs associated with construction of the one (I ) center tennis court shall be
paid by Operator.
Section 4.3 Operator shall, in connection with its maintenance responsibilities cause a
fence to be installed around the entire Facilities in a location determined by the City. City
will have final approval of the location, material and design of the fence. The fence will
be completed no later than December 31, 2027.
3. Except as modified by this Second Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first written above.
ATTEST
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
By:
--Brandon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL
Hawk Scott
Executive Director
Parks, Recreation, and Community Services Agency
CITY OF SANTA ANA
Thomas R. Hatch
Interim City Manager
MATCHPOINT TENNIS ACADEMY,
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