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HomeMy WebLinkAbout25E - AGMT - OPERATION CABRILLO TENNIS CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 3, 2013 TITLE: AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Match Point Tennis Academy, LLC in an annual amount of $48,000 for the management and operation of the Cabrillo Tennis Center for a five-year term with four, five-year renewal options, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency entered into a one-year license agreement with Match Point Tennis Academy in November 2007 and a five year agreement in 2008 for the provision of a tennis academy at Cabrillo Tennis Center. Under the direction of Elson De Cantuaria, a former professional tennis player who has an extensive background in tennis center management and administration, Match Point Tennis Academy has been successful in helping to revive the sport of tennis in Santa Ana. This was accomplished by increasing the overall number of participants at the Cabrillo Tennis Center and introducing more young people to tennis by providing free training and consulting services to sponsored Santa Ana youth. In addition, Match Point has successfully completed key improvements to the facility to enhance the playability of the courts. Improvement projects completed by Match Point over the years include resurfacing the tennis courts, painting the light posts and perimeter fencing surrounding the tennis courts, replacing court windscreens, and aesthetic improvements to the interior of the existing clubhouse. The proposed operating agreement will authorize Match Point Tennis Academy to supervise and maintain the entire leased premises at the Cabrillo Tennis Center, including, the tennis courts, club house, Twist Basler House, Clay court, locker rooms and showers. Match Point will also be responsible for enforcement of safety practices and regulations consistent with the City's policies and regulations at the facility. Match Point will also continue to sponsor six Santa Ana youth into its player development program and provide the residents of Santa Ana with a discounted court fee and priority use of the tennis courts. 25E-1 Agreement for Management of Cabrillo Tennis Center June 3, 2013 Page 2 The initial term of the operating agreement will be for five years, with four, five-year renewal options. Match Point will pay the City a monthly base rental of $4,000, or $48,000 annually. This agreement will help achieve salary savings and other operational cost savings. FISCAL IMPACT Funds generated from the agreement will be deposited into the General Fund-Tennis Reservation account (no. 01113002 53318). Approved as to Funds and Account: LGLc?? Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency 1 A ?? Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E-2 CABRILLO TENNIS CENTER RENEWAL OF OPERATING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MATCH POINT TENNIS ACADEMY THIS RENEWAL OF OPERATING AGREEMENT ("Agreement") is made and entered into this I" day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "City", and Match Point Tennis Academy, LLC, a California Limited Liability Company, herein referred to as "Operator". RECITALS: A. City owns the real property and facilities commonly known as the Cabrillo Tennis 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 City desires to provide a quality tennis facility open to all its residents at the Cabrillo Tennis Center and desires to contract for such services with Operator. C. City desires that Operator operate and manage the Facilities for the purpose of accommodating a tennis facility and for no other purpose unless expressly agreed to in writing by the City. D. Operator represents that it is qualified to provide a quality tennis academy on the Facilities. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in this field and that any service perforned under this Agreement will be performed in compliance with all required professional standards of conduct and in accordance with the terms and conditions of this Agreement, including all attachments hereto. Operator's Director, Elson T. De Cantuaria, is experienced and qualified in operating a tennis academy. A copy of Mr. De Cantuaria's resume is attached hereto as Exhibit B. E. City entered into the Operating Agreement with Operator on July 1, 2008 (#A- 2008-165) ("said Agreement") for Operator to operate and manage the Facilities. Said Agreement was for a five (5) year term with four (4) five-year renewals subject to Council approval. 25E-3 F. The parties desire to exercise the first renewal period of an additional five (5) year period. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1. Use of Facilities. City hereby licenses the Facilities to Operator on all of the terms and conditions set forth in this Operating Agreement. Operator will have the use of the first and third floor of the Twist-Basler House and the City (or a tenant of its choosing) will have sole access to the second floor. In the event of a dispute with the occupant of the second floor, Operator agrees that City will be final arbiter of dispute. 2. Term of Agreement. The Term of this Renewal of the Operating Agreement (the "Term") shall be Five (5) years. The Term shall commence on July 1, 2013 and shall expire on the fifth (5`h) anniversary thereof, if not terminated earlier pursuant to the terms of this Operating Agreement. This Operating Agreement is subject to three (3) more five-year renewals upon City Council approval. Earlier termination of this Agreement shall be in conformance with Section 17 and 18, below. Consideration. A. As consideration for this Agreement, Operator shall pay to City as compensation for use of and right to operate the Facilities the amount of $4000.00 per month. B. Additional consideration for this Agreement shall be provided by Operator's sponsorship of students and installation of improvements to the tennis facility as described herein. C. Compensation will be due upon execution of this Agreement and thereafter on or before the 10`h day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Francisco Gutierrez, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 '/2%) interest per month shall be added for each month that payment hereunder is due but unpaid. 4. Commencement Date. This Agreement shall commence and become effective on July 1, 2013. This Renewal of Operating Agreement shall supersede all prior agreements between the Parties. Operator Responsibilities A. Operator agrees that City Programs and City Residents shall have priority use of the Facilities so long as said programs and residents do not 25E-4 conflict with Licensee's regularly scheduled Programs. Operator agrees that at least 30% of the courts will be made available to City residents by reservation or walk-in and for City-sponsored programs by reservation during its normal operating hours of 8 am -10 pm Monday-Friday and 8am-8 pm Saturday and Sunday. In the event a dispute regarding court usage arises, the City's Executive Director of Parks, Recreation and Community Services Agency shall make the final decision regarding court usage. B. Operator agrees that students attending a Santa Ana Unified School District ("SAUSD") school as well as City of Santa Ana residents (youth and adult) shall be given priority to participate in Operator's programs. C. 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. D. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 12 and 17) who qualify to participate in the Operator's Advanced Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. E. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 9 and 13) who qualify to participate in the Operator's Intermediate Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. F. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 14 and 16) who qualify to participate in Operator's High School Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. G. Should City agree to sponsor and pay the expenses for additional qualified Santa Ana youth tennis players to attend any of the above academies, Operator agrees to give these players priority to participate in these academies. 25E-5 H. Operator agrees that each sponsored student who participates in the Operator's Player Development Academies shall maintain a "B" grade point average or higher. Operator agrees that should any player registered in their academies drop below a "B" grade point average, that student will be placed on academic probation for six months. Students shall submit quarterly grade reports to Operator. City will have access to grade reports in order to monitor and ensure compliance. City will be responsible for notifying students of noncompliance. I. Operator shall submit an annual report to verify or provide evidence of compliance with items A-H above; 30 days after the end of each contract year. 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 K. 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 C. 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 C for equipment description, maintenance detail and rolling technique). L. Pro Shop and Food and Beverages. As part of the Operating Agreement, Operator will be authorized to operate a pro shop on site. Operator will also be authorized to sell food and beverages. Except as noted in paragraph M. below, the storage and/or sale of tobacco and alcoholic beverages or other unhealthy food products or sexual products is expressly prohibited. Operator will make a good faith effort to sell at least 50% healthy snacks and drinks. M. 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 approval from the City. To the extent that Operator desires to provide alcoholic beverages at any of its events, 25E-6 it must first seek and obtain City approval as well as any necessary permits, licenses or other approvals. Any outside group must provide insurance naming Operator and the City of Santa Ana as additional insureds and comply with the Insurance provisions in Section 1 1 and 12 hereof. N. Facility Staffing. 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. Operating Hours shall be from 8 am to 10 pm, Monday through Friday; and from 8:00 am to 8:00 pm on Saturday and Sunday. Operating Hours may begin one half hour earlier as needed to prepare for reservations. Operator shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, club house, locker rooms and showers, Twist-Basler House and parking lot(s). Operator shall also be responsible for enforcement of safety practices and regulations. 0. Facility Maintenance. Operator will maintain the entire Facilities in a safe and clean condition, order and repair, including paying at its own cost and expense for custodial services, maintenance of the tennis courts and other improvements, including washing the courts, replacing and maintaining nets and net posts/hardware, windscreens, fences, ball machines and any other equipment. Operator agrees to comply with the instructions in Exhibit C and will ensure that the clay tennis court receives the specialized maintenance with the water levels and grooming that are required. P. Fees for Use of Facility. Santa Ana residents will continue to be charged for use of the courts in accordance with the following schedule: Courts 1-9 Weekdays: 8:00 am to 3:00 pm $3.00/hr. per person 3:00 pm to close 55.00/hr. per person S 1.00/hr. per person discount for Santa Ana residents Courts 1-9 Weekends: 8:00 am to 1:00 pm $5.00`hr. per person 1:00 pm to close $3.00/hr. per person $ 1.00/hr. per person discount for Santa Ana residents Clay Court Weekdays: 8:00 am to 3:00 pm $5.00/hr. per person 25E-7 3:00 pm to close $7.00/hr. per person $ 1.00/hr. per person discount for Santa Ana residents Weekends: 8:00 am to 3:00 pm $7.00/hr. per person 3:00 pm to close $5.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Use of the courts for tournaments will be charged a surcharge. Any change in this fee structure will only be permitted with the prior written approval of the Executive Director of Parks, Recreation and Community Services Agency in compliance with any applicable law. Q. Accounting and Audit. Operator will be responsible for collecting all fees as indicated herein and agrees that it will provide the City with an annual accounting, 30 days after the end of each contract year showing the amount of fees collected per calendar year. Operator will also provide the City with data showing the breakdown between residents and non-residents using the Facilities, 30 days after the end of each contract year. City retains the option to request detailed financial statements, including balance sheets, profit and loss, or income statements to support the accounting. R. Upon the expiration or termination of this Agreement, City shall approve in writing the surrender of the Facilities by Operator only after being satisfied that the Facilities have been left in good and clean condition, less ordinary wear and tear. 6. City Responsibilities. A. Utilities. City shall pay for all utility services furnished to the Facilities for the use, operation and maintenance of the Facilities during the Term of this Agreement, or any extension thereof, including paying for all charges for heat, gas/water, trash, electricity charges used during the term of this Agreement. Operator will be responsible for payment of other utilities not listed herein, including payment of telephone and cable charges. B. Landscape. City will be responsible for the landscape areas of the Facilities. C. Parking Lot. City will be responsible for the maintenance of the parking areas serving the Facilities. 25E-8 D. In the event of damage, destruction or vandalism by third parties of any of the Facilities, the City will contribute to the repair and restoration as provided in section 9 of this Agreement. 7. 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 Operators, assignees or Operators. $. Facility Alterations. Operator agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director of Parks, Recreation and Community Services. 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 D. 9. 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 five (5) 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 damaged or destroyed Facility. If the Operator so notifies the City, then the Agreement shall immediately terminate. Operator and City agree that if the cost of repair is less than $3000.00, Operator will be solely responsible for the repairs. In the event that the cost of repairs is over $3000.00, the City and Operator will share in the cost of repairs. 10. 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 7 25E-9 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. 11. Insurance. A. 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 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 $1,000,000 per occurrence. B. To maintain a safe environment, Operator shall provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a background clearance (live-scan) for staff that have direct interaction with youth participants. C. The City also requires an Additional Insured Endorsement, as attached and incorporated herein as Exhibit E. 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. 12. Certificates of Insurance; Additional Insured Endorsements. 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, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 25E-10 C. 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 D. Operator shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. E. 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. 13. 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 License. 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 License 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 which now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 14. 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, fees or charges. 15. Liens. Operator will not permit any mechanics' or materialmens' or other liens to stand against the Facilities by reason of any use or occupancy by Operator, or any person claiming under Operator. 16. 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 25E-11 violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. 17. Termination of Agreement This License shall be terminable by the City upon the occurrence of any of the following: A. Use of Facilities. Operator ceases operation of the Tennis Facilities; or, B. Unauthorized Transfer. Operator transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent. C. Failure to Comply: Operator fails to comply with the terms of this Agreement. 18. City's Remedies in Event of Breach Default or Abandonment. In event of Operator's breach, default or abandonment of Facilities, 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. 19. Force Maieure. 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. 10 25E-12 20. Insolvency of Operator. 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. 21. 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. 22. 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. 23. Notices. 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 51 Meadow Valley, Irvine, CA 92602 Attn: Elson T. De Cantuaria, Director Telephone No.: (714) 724-9407 25E-13 To the City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: Clerk of the City Council Telephone No.: (714) 647-6520 Fax No.: (714) 647-6956 With a copy to: Office of the City Attorney 20 Civic Center Plaza Santa Ana, California 92701 Telephone No.: (714) 647-5201 Fax No.: (714) 647-6515 Executive Director of the Recreation & Comm. Services Agency City of Santa Ana 888 W. Santa Ana Blvd., Ste. 200 Santa Ana, CA 92702 Telefacsimile (714) 647-6549 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 telefacsimile, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 24. 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. 25. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this License are by this reference incorporated in and made a part of this License. 26. 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. 27. Governing Law. This Operating 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. 12 25E-14 28. Entire Agreement. This Operating Agreement contains the entire understanding of the parties and supersedes any and all other written or oral understanding. 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. 29. 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. 30. 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. 31. 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 Operating Agreement. 32. 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. 33. 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. 34. 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. 35. Non-Recording. Neither party shall record this Agreement. t3 25E-15 IN WITNESS WHEREOF, the parties hereto have caused this Renewal of Operating Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA Kevin O'Rourke Interim City Manager APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: OPERATOR: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency By: ELSON T. DE CANTUARIA Director - Match Point Academy Tax ID # 14 25E-16 4 x! 1, o?. a J J ?L d v Exh2:51E$1 7 t1 .a ?i z N Z Z W ? o s 4 0 Y L O U Z O O 00 ELSON T. DE CANTUARIA 51 Meadow Valley Irvine, CA 92602 Phone: (714)724-9407 E-mail: Decantu2006@yahoo.com EDUCATION Hampton University-Hampton, VA. Graduation date: December 1995. Major: B.S. in Marketing (*Emphasis in Professional Tennis Management) Business School GPA: 3.85 WORK EXPERIENCE 1998-Current Match Point Tennis Academy-Santa Ana, CA POSITION: Director of Tennis 1996-97 Robert Lansdorf/Ducasse Tennis Program-Torrance and Pacific Palisades, CA POSITION: Tennis Professional. 1994-95 Hampton University-Hampton, VA POSITION: Tennis Team Volunteer Assistant Coach. AWARDS • HU Departmental (Marketing) Award recipient(1996). • Presidential Award nominee (1996). • Three times NCAA Div. 11 National Runner-up (1992-94). • Tennis Team Scholar Athlete (1994). • Tennis Team Most Consistent Player (1993). • Tennis Team Most Valuable Player (1992). • Tennis Team Most Outstanding Freshman (1991). PLAYING & COACHING HIGHIGHTS • Ranked #1 Men's 40 player in Southern California in 2007, 2008, and 2009. • Ranked #1 Men's 35 player in Southern California in 2003 and 2004. • Ranked #2 Men's Open player in Southern California in 2000. • Ranked #1 in the Division II National doubles ranking (spring 1993). • Ranked #2 in the Division II National singles ranking (fall 1991). • Personal coach for 5 professionally ranked players. • Personal coach for a #1 player in the NCAA DIVISION I tennis ranking. • Personal coach for 3 top 10 players in the NCAA DIVISION I tennis ranking • Personal coach for 5 top 10 junior players in the US. • Personal coach for more than 25 junior players ranked in the top 100 in the US in the past 15 years. SPECIAL SKILLS AND ABILITIES Multilingual (English, Portuguese, and Spanish) Three years of professional playing experience Creator & director of the first pre-college tennis program in Southern California REFERENCES Available upon request. Exhibit B 25E-18 0 31 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 Brush: 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 lines. The circular brush should be replaced periodically to ensure good consistent brushing, Aussie Clean Sweeps: The Aussies are designed to pick up debris 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 for use will be necessary when you want to periodically scrape up loose and dead material from the courts, in need of a light scarifying and conducting patch and repairs on the surface. Replace the 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. 32 25E-20 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 Devils: 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 18". 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 can be used when annual top-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: Har-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. 33 25E-21 COURT EQUIPMENT Inspect condition of the following equipment: Equipment Condition Center Strap Anchors Center Straps and Hooks Court Numbers Drag Brushes Line Scrub Line Sweepers Line Tapes Lute Scarifiers Nails Nets Net Posts Net Post Reels Rollers Roller Brushes Roller Scrapers Jennie Two-Ste Tidi-Court Windscreens Fasteners Ty-Wraps Plastic Snaps 34 25E-22 f .err ; ?f 35 25E-23 } s s ?rF •y 4 S 1 n ? d t 36 25E-24 DAILY MAINTENANCE MORNING 1. Inspect Har-Tru surface for minor scuffing. If baseline areas require divot repair, lute and re-dress as necessary. 2. Remove any weed growth problems and foreign debris from the surface. 3. Inspect tapes and nails for lifting of shifting. 4. Groom surface with an Aussie Clean Sweep, Court Rake or a Drag Brush. Make wide turns with the Drag Brush to avoid accumulation of Har-Tru material. The Aussie Clean Sweep serves a dual purpose; as a smoothing/leveling tool (with teeth in the up position) and a debris remover (with teeth in the down position). 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 the line tape. 6. Roll the surface if necessary. Make wide turns. Avoid twisting and turning motions that cause surface damage. 7. Sweep the tape lines after the surface has been rolled for a cleaner looking line (optional). 8. 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 on a regular basis. 10.Wash out the Tennie Two-Step on a daily basis if possible. 11.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 would 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. 1. 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 during the course of an evening with as little run-off of water as possible. Proper timing of 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. 37 25E-25 TECHNIQUE FOR "QUICK CONTINUOUS" ROLLING Example of rolling l\\''- --------- ---"? several courts Io o I without removing nets. W "---< - - - - - - -- > - - - t' \ --------.._--- >-- 38 NET 25E-26 39 25E-27 25E-28 i { ,1 y? .i. ?•1. f ? i! 6 ? A ?. LKC- C ley ? ? t[.., 1. ?. ?.)F+Ff Y{"T"'Y..r. .. .... ?..?.??ii%.?;.a'Y?_C 's?._ ^ ?.. ?'?.?_?!•TN ?;?t.i,????5???.['otx? PERIODIC MAINTENANCE 1. Inspect court surface material 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 guidelines: 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 chemical label and follow any safety precautions prior to application. 3. Periodic 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 Bristle 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. 41 25E-29 Freeze/Thaw Effect of Har-Tru Courts Frost occurs in the Har-Tru clay court surface profile when water in the surface freezes. Depending on the extent of the freezing weather, frost may extend through the entire 1" thickness of Har-Tru. When sunlight and higher temperature reach the frozen surface the following morning, these ice crystals will begin to melt from the top of the 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 below begins to thaw. Once the profile has thawed completely the water will drain 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 quality of that 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 indentations (footprints, roller marks, etc.) caused by entering the playing area too quickly, use standard patching techniques or call Har- Tru Sports or your local Har-Tru Clay Court material distributor for guidance. 42 25E-30 43 25E-31 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. Wait until the windscreen is dry (afternoon) before removing. Fence maintenance during the "off-season" can be accomplished much easier without the windscreens hanging on the fence. 3. Net posts: Remove and inspect for repairs. 4. Cover net postholes to prevent water, surface material and debris from entering during the off-season. 5. Remove the tapes and nails. Ensure all nails have been removed from the court surface. 6. Coolers: Wash inside and out. Repair spouts if necessary. 7. Benches: Wash, repair and paint if necessary. 8. Line Sweepers, Drag Brushes and other accessories: Wash clean, inspect for repairs and hang properly to protect the bristles. 9. Roller: Consult owner's manual for proper servicing. 10.Aussie Clean Sweep: Wash clean, inspect for repairs and hang to protect rubber matting. END OF SEASON HAR-TRU SURFACE MAINTENANCE 1. Brush and roll repeatedly to fill in and compact old nail holes. 2. Covering court surface with a nylon reinforced plastic cover for the winter months reduces the amount of reconditioning required the following spring. 44 25E-32 45 25E-33 FALL 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 reconditioning is short, 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 patterns are more stable & predictable for reconditioning. Initial expense to purchase a tennis court cover is justified considering 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 being 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-site at www.har-tru.com for additional information. These products are ideal for keeping your staff informed, on a regular basis about the most efficient methods of Har-Tru tennis court maintenance. 46 25E-34 47 25E-35 5 YEAR BUDGET MAINTENANCE PLAN The following includes a list of goals and time tables based on the Court Analysis Survey. These 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 & i" 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 should be pulled up prior to 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 ears 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 budgetary costs. Tools & Keeping Brushes and Hand tools in good Drag Equipment working condition is essential for great Har- Brushes, Tru courts. Replacing worn brushes, lute Line 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 annually & courts. Preventative maintenance will perform ensure reliable equipment. scheduled Preventative Maintenance Amenities Nets, Net Posts, Coolers, Benches, etc. As Needed should be replaced as needed. 48 25E-36 Maintenance Properly maintained Har-Tru courts ensure Annually Training court longevity and consistent playability which can really affect a facility'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 both in a classroom setting and out on the court. Please contact Har-Tru Sports for more information. STAFFING RECOMMENDATIONS The following are staffing recommendations for daily maintenance of clay tennis courts. Har-Tru We recommend 45-60 minutes per court each day. There are variables each day, week, month and annually. This staffing recommendation is an average figure meant to 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 staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Sub-irrigated tennis courts. 49 25E-37 TENNIS COURT MAINTENANCE BUDGET WORKSHEET Inventory Condition Needed Budget Aussie Clean Sweep Benches Center Strap Anchor Center Strap/Hook Coolers & Stands Court Layout Cables Court Numbers Drag Brush Har-Tru Line Scrub Line Sweepers Line Tapes Lute Scarifier MAG Maintenance DVD Maintenance Video Nails NDS Drainage Nets Net Posts & Reels Roller Roller Cover Scarifier Sprinkler Heads Squeegee Tape Stretcher Tennie Two-Ste Tidi-Court Tru-Flow Spreader Windscreens i Fasteners Ty-Wraps Plastic Snaps Other co 25E-38 51 25E-39 A true passion for tennis extends well beyond just the game itself. At Har-Tru,we're fanatical about ensuring that your facility can provide an unbeatable and complete tennis experience.With us, you don't just play to win-you play for life. To learn how we can help you provide the best game possible, please contact; Ed Montecalvo Consulting Services Manager 434.327.1524 direct line emontecalvo@hartru.com Roy HO-y Product Specialist t Consultant 434.327.1532 direct line rhey@haru-u.com 2200 Old Ivy Road . Suite 100 Charlottesville. VA 22903 1.877.442.7878 . www,HarTru.com . support@Har•Tru.com 52 25E-40 7/17/2007 CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY PARK/FACILITY/FIELD MODIFICATION PROCESS The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform in design with other park facilities. The intent of the proposed modification must take into consideration the impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public park services and facilities to the residents of Santa Ana. The followiniz information and/or process shall apply to any park, facility or field modification proposed by the City, organizational group(s) and/or individual(s): Modifications shall apply to any proposed installation or removal of capital improvements on any City- owned park, facility or field, such as: • Sports facilities o ball fields, soccer fields, sports courts, etc. o sports lighting o dugouts o batting cages o bleachers o scoreboards o concession stands o press/score boxes • Play areas o playground equipment o playground surfaces • Passive areas • Park furniture and signage o park and regulation signage o picnic tables, park benches, barbeque braziers, trash receptacles, drinking fountains • Park landscaping and irrigation systems 2. The process shall also include any offer to provide volunteer assistance and or request for improvements in the area of maintenance and/or landscaping to any City-owned park, facility or field, such as: • Planting or removal of trees, shrubs, ground cover, vines, and flowers • Maintenance of park landscaping such as: o edging / trimming o mowing o sodding o sprigging o top dressing o weed abatement o trash/clean-up 8-41 7/17/2007 User Groua(s) Procedure 1) Complete attached ParklFacility/Field Modification Request Form. 2) Submit Request Form to Parks, Recreation and Community Services Agency, Attention: Administrative Services Division. 3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division staff. 4) If improvements are minor in nature and do not impact the original master plan of the park, administrative approval may be granted to allow the applicant to proceed with work. 5) If applicable, and improvements are extensive, applicant shall provide preliminary plans for review by the Parks, Recreation and Community Services Agency. Make any corrections to plans or scope of work as identified by the Parks, Recreation and Community Services Agency. 6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association(s), as identified by the Parks, Recreation and Community Services Agency. 7) If preliminary plans are approved by the Neighborhood Association(s), an agreement may be required between the organization and the City of Santa Ana. 8) Upon Neighborhood Association(s) approval, the plans are taken to the Board of Recreation and Parks for approval with neighborhood comments and/or terms of agreement. 9) If preliminary plans are denied by the Neighborhood Association(s), applicant may file a formal appeal with the Board of Parks and Recreation's Open Space Committee. 10) If appeal of the preliminary plans is denied by the Open Space Committee, the Neighborhood Associations' decision to deny the plan is upheld. 11) If appeal of the preliminary plans is approved by the Open Space Committee, a recommendation is taken to the Board of Parks and Recreation for approval. 12) If the Board of Parks and Recreation approves the plans, and an agreement is required, staff will draft the agreement and present to the City Council for approval. If no agreement is required, proceed to Step 14. 13) If the Board of Parks and Recreation denies the plans, that decision is final and there is no appeal process that may be undertaken. 14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement, if required), applicant shall provide construction plans and specifications to the Parks, Recreation and Community Services Agency, Administrative Services Division, and the Santa Ana Planning and Building Agency, if applicable. Applicant shall make corrections to plans and specifications as identified by the appropriate agency. 15) After plans and specifications have been approved by both the Parks, Recreation and Community Services Agency and the Planning and Building Agency, a pre-construction meeting will be held with the Parks, Recreation and Community Services Agency staff to review applicant's proposed construction schedule to determine any impact on programs or operations at the specified park/facility/field. 16) The Parks, Recreation and Community Services Agency will notify the organization on when construction may proceed. 2 25E-42 7/17/2007 CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY Park/Facility/Field Modification Request Form (Please complete one form per project) Park/Facility/Field Date Submitted Group/Individual Requesting Modification Non-Profit Tax ID No.: Contact Person Name Address Phone Number: Fax Number: E-mail: Certificate of Liability Insurance attached? ? Yes ? No Site plan/drawing enclosed? ? Yes ? No Projected Start Date: Projected Completion Date: Brief description of proposed modification (s): Brief description of how project will be funded: Impact on park/facility/field during improvement/maintenance: Applicant Signature Approved/ Denied by Conditions: Date: Date: 25E-43 '4 °® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 05/28/2' 13 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require in endorsement. A statement on this certificate does not confer rights. to the certificate holder in Ileu of such endorsement(s). PRODUCER - - - CONTACT - - - - NA Willis Insurance Services of Georgia, Inc. Centur Blvd c/o 26 FAX I PHONE 77-945-7378 888-467-2378 y . . P.O. Box .3.05191- _ E-MAIL . certificates@willis.com Nashville, TN 37230-5191 - INSURER(S)AFFORDING COVERAGE - NAIC/1- INSURERA:.Philadelphia Insurance Companies 18058-900 INSURED. - INSURERB:ACE American Insurance Company - 22667-008 United States Professional Tennis Association, In 3535 Briarpark Drive - INSURERC: - - Suite One... TX 77042 H ton I INSURER D: - , ous INSURERE: INSURERF: rnvPDA/-'I=S CFRTIFICATF NIIMRFR•'I a"Ai;nr; - RFVISInN NIIMRFR*Rnw Rnmarkw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUER TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT. AR 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. INSR - - TYPE OF INSURANCE DD' SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERALLIASILITY Y PHPK948137 12/31/2012 12/31/201 EACHCCCURRENCE $ 1 000 000 - - DAMAGE 'TE X. COMMERCIAL GENERAL LIABILITY CLAIMS-MADEF-x]OCCUR- - - MEDEXP(Any one person) $ X Athletic Participant PERSONAL& ADV INJURY $ 1,000 000 - GENERALAGGREGATE $ 2,600,000 GEN'LAGGREGATE LIMIT APPLIES PER: . .PRODUCTS -COMP/OP AGG $ - 1,000,000 X POLICY PRO LOC .lFr-.T F-1 $ AUTOMOBILE LIABILITY. _ COMB'NEDSINGLELIMIT $ ANYAUTO -BODILY INJURY(Perperson) $ ALLOWNED - SCHEDULED - - - BODILY INJURY(Perecckient) $ - AUTOS AUTOS . HIREDAUTOS - NON-OWNED. AUTOS - - - PerxcMentj $ - A X UMBRELLALIAS X OCCUR PRUB403104 12/31/201 12/31/201 EACH OCCURRENCE $ 3,000 000 EXCESS LIAR - CLAIMS-MADE - - AGGREGATE $ - 3,000r000 DED X RETENTIONS 10,00 $ - WORKERS COMPENSATION - - - - - - ?? AND EMPLOYERS' LIABILITY -' YIN - ANYPROPRIETORIPARTNERIEXECUTIVE? NIA - - E.L. EACH ACCIDENT $ - - OFFICERIMEMBEREXCLUDED? ry MMan un - E.L. DISEASE , EA EMPLOYEE $ der - - - i dGac nbe - - - DE SCRIPTIONOFOPERATIONSbelow - E.L.DISEASE -POLICY LIMIT Is B XCQ 1325833442 12/31 2012 12 31 201 Excess Liability $5,000,000 Limit DESCRIPTION OF OPERATIONSI LOCATIONS /VEHICLES (Attach Acord 101, Additonal Remarks Schedule, R rnore space Is required) THIS VOIDS AND REPLACES PREVIOUSLY ISSUED.CERTIFICATE DATED: 5/24/2013 WITH ID: 19873529 Elson De Cantuaria 53128 USPTA Members are Insureds for.General Liability for playing, teaching or officiating in tennis or operating a tennis ball machine for practicing or teaching. it of Santa n i and e=lovees r included A dit'o Insureds a GtK 1 II-IGAI t KULULK - - GANGtLLA I IUN - - - - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - City of Santa Ana 20 Civic Center Plaza, PO Box 1988 f Santa Ana, CA 92702 I _ pn- 6?, . - A e a- A Coll:4109169 Tpl:1596672 Cert:19874505 ©1988-2010ACORD CORPORATION. All rights reserved CORD 25 (2010/05) The ACORD name and logo are registered marKs of ACORD 25EJ-44 ACO AGENCY Willis Insurance Services of Georgis Inc. 3535 Briarpark Drive POLICYNUMBER Suite .One . Houston, TX 77042 See First Page CARRIER NAIC CODE See. First Page EFFECTIVEDATE: See First Page 1DITIONAL REMARKS i ACORD101 (2008101) Coll:4109169 Tp1:1596672 Cert:19874505 ©200BACORDCORPORATION. Allrlphtsreserved. AGENCY CUSTOMER ID: 101407 LOC#: ADDITIONAL REMARKS SCHEDULE Page -2- of NAMED INSURED - - - - . . j Inc United States Professional Tennis Association, The ACORD name and logo are registered marks of ACORD 25E-45 POLICY NUMBER: PHPK948137 COMMERCIAL GENERAL LIABILITY CG 20 26 07 0.4 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Santa Ana, its officers, agents, and employees 20 Civic Center Plaza, Santa Ana, CA 92701 Information required t . o complete this Schedule if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or ganization(s) 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 your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 I i i Page 1 of 1 ? ISO Properties, Inc., 2004 25E-46