HomeMy WebLinkAbout25G - AGMT - MANAGEMENT CABRILLO TENNIS CENTERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
June 17, 2013
TITLE:
AGREEMENT FOR THE MANAGEMENT
AND OPERATION OF THE CABRILLO
TENNIS CENTER
CIT'Y GER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached 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 three 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 in 2008 a Five (5) year agreement 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 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 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.
25G-1
Management and Operation of
The Cabrillo Tennis Center
June 17, 2013
Page 2
The initial term of the operating agreement will be for five years, with four, five-year renewal options.
With a one year notice, the City Council will be able to terminate this agreement without cause.
Elson De Cantauria did inform the City that he would prefer a two year notice of termination without
cause.
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 (account
01113002-53318).
Gerardo Mouet,
Executive Director
Parks, Rec. and Com. Svcs. Agency
Approved as to Funds and Account:
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency.,,-,
25G-2
CABRILLO TENNIS CENTER
EXTENDED OPERATING AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND
MATCH POINT TENNIS ACADEMY
THIS EXTENDED OPERATING AGREEMENT ("Agreement") is made and
entered into this 1" 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
Center, located at 800 N. Cabrillo Park Drive, Santa Ana, California. The
Facilities include nine (9) lighted tennis courts, one (1) clay tennis court, the
Twist-Basler House (excluding the second floor of the 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 performed 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.
E. City entered into an 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 an initial term of five (5) years and provided for four (4)
additional extended terms of five-years each, provided that a Notice of Renewal
was filed by the Executive Director as a memorandum to the City Manager no
25G-3
later than six months before the expiration of the current Term, and the extended
term is approved by the City Council.
F. The parties desire to extend the term for a 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 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.
2. Term of Agreement. The Term this Agreement (the "Term") shall be
five (5) years. The Term shall commence on July 1, 2013 and shall expire on the fifth
(5th) anniversary thereof, if not terminated earlier pursuant to the terms of this
Agreement. This Agreement may be extended for up to three (3) more five-year terms
upon City Council approval. Earlier termination of this Agreement shall be in
conformance with Section 17 and 18, below.
3. 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 Four Thousand Dollars ($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 Facilities as described herein.
C. Compensation will be due upon execution of this Agreement and
thereafter on or before the 10th 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
th%) 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 Agreement shall supersede all prior agreements
between the Parties.
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25G-4
5. Operator Responsibilities
A. Priority Use. Operator agrees that City programs and City residents
shall have priority use of the Facilities so long as said programs and
residents do not conflict with Operator'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.
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.
B. 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.
C. Sponsorship by Operator - Advanced Player. 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.
D. Sponsorship by Operator - Intermediate Player. 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.
E. Sponsorship by Operator - High School Player. 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.
25G-5
F. Potential City Sponsorship. 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.
G. GPA Requirement. 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.
H. Annual Report. 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.
1. 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. Operator shall be
responsible to 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.
J. 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).
K. 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 M. below, the storage and/or sale of tobacco,
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25G-6
alcoholic beverages and sexual products is expressly prohibited.
Operator will make a good faith effort to sell at least 50% healthy
snacks and drinks such as baked chips, fruit, pretzels, granola, nuts,
bottled water, low fat milk products, sports drinks and natural fruit
juice drinks in compliance with the City's policy regarding healthy
snacks, healthy eating and active living (City of Santa Ana
Resolution No. 2006-053 and Resolution No. 2011-003).
L. 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 11 and 12
hereof.
M. 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. Operating Hours shall be from 8 am to 10 pm,
Monday through Friday; and from 8 am to 8 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 (with the exception of the second floor of the House) and
parking lot(s). Operator shall also be responsible for enforcement of
safety practices and regulations.
N. Maintenance of Facilities. 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 B and will ensure that the clay tennis court receives the
specialized maintenance with the water levels and grooming that are
required.
25G-7
O. Fees for Use of Facilities. 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 $5.00/hr. per person
$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
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
Any change in this fee structure will only be permitted with the prior
written approval of the Executive Director in compliance with any
applicable law.
P. Accounting and Audit. Operator shall collect 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 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.
Q. 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.
25G-8
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 landscaped areas of the
Facilities.
C. Parking Lot. City will be responsible for the maintenance of the
parking lots serving the Facilities.
D. Repair/Restoration. 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.
8. Alterations of the Facilities. 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 C.
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
25G-9
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 $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.
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
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 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
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25G-10
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
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
25G-11
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
violation of state or federal laws, or on any other basis otherwise prohibited by state or
federal law.
17. Termination of Agreement This Agreement shall be terminable by the City
upon the occurrence of any of the following:
A. Use of Facilities. Operator ceases operation of the 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.
D. Election not to Repair. Operator elects not to repair Facilities as
provided for in Section 9.
E. City's Termination. The City Council may, in its sole and absolute
discretion, terminate this Agreement without cause. If the City
Council elects to terminate, the termination date shall be one year
from the date of the City's notice of termination.
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
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25G-12
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.
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
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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
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.
12
25G-14
25. Incorporation of Recitals and 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.
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 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.
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.
13
25G-15
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.
IN WITNESS WHEREOF, the parties hereto have caused this 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
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
Kevin O'Rourke
Interim City Manager
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
25G-16
Exhibit A
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25G-17
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EXHIBIT 8
EXHIBIT B
25G-18
BASIC TOOLS & EQUIPMENT
Having the correct tools and equipment to maintain dour 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
25G-19
SPECIALIZED TOOLS & EQUIPMENT
Specialized__to_als._ma_y_._be..n.e.c.ess_a-ry.._tQ._com.ple-te_.y_o-Ltr.a..rsenal_.of tools.- Kn_2win9 whaC___
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 cam 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
25G-20
COURT EQUIPMENT
Inspect-condition of the following equipment: - _ _ _- -- -- ..- - - _ -.- - .. --. --_ -- --_ __I -
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 _
Tennie Two-Ste
Tidi-Court
Windscreens
Fasteners
Ty-Wraps
Plastic Snaps
34
25G-21
35
25G-22
OR ?
25G-23
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
25G-24
TECHNIQUE FOR "QUICK CONTINUOUS" ROLLING
Example of rolling - - - - - -. - - >----,
several courts Ic o
I
without removing nets. W ??--E--------E-----?
l? \
y?- - ----------- >.-
NET
25G-25
s
39
25G-26
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25G-27
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 ensurelhorough and even
water distribution.
v
41
25G-28
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
25G-29
43
25G-30
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.Aussle 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 fallowing spring,
44
25G-31
45
25G-32
FALL SURFACE RECONDITIONING
- Fa11-sur f ace reconditioning is increasing in popuIa-rty 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, th.e
maintenance DVD and other resources. Visit our web-site at www.har-trU&QM
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
25G-33
47
25G-34
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 _lorg_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 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
25G-35
Maintenance Properly maintained Har-Tru courts ensure
Training court longevity and consistent playability
-w-hic-h-can-re-all-y--affec-t a--fac-i-Ii-ty'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.
Annually
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
25G-36
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 I
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 i
Squeegee
_
?-
I
Tape Stretcher
Tennie Two-Ste
Tidi-Court
Try-Flow Spreader
Windscreens
Fasteners
Ty-Wraps
_
Plastic Snaps
Other
50
25G-37
EXHIBIT C 12/7/2007
CITY OF SANTA ANA
PARK.S,-RECR.EATTON_AND_1-OMMUNITY._SERVI-CES-ADEN-CY- -----
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 followin information and/or process shall apply to any park facility or field modification proposed by the
City, organizational group(s) and/or individual(s);
1. 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
2EXHlbi i
5G-38
12/7/2047
User Group(s) Procedure
1) Complete attached Park/Facility/Field Modcation Request Form.
_ _.. _ .. - _ . .. _ _._ _ _u t- -equest- ortn ttsPark?-R.ecr?ati?n?ct-Conimuiuty Services Agency,-Attenlion: --------------
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.
S) 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 fonnal
appeal with the Board of Parks and Recreation's Open Space Committee.
10) 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.
11) If appeal of the preliminary plans is denied b the Open Space Committee, the applicant may
appeal the decision to the entire Board of Parks and Recreation.
12) If the Board of Parks and Recreation approves the plans, and an agreement is-required,. which
staff will draft 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 preliminary plans appeal, that decision is final
and there is no fiirther 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
25G-39
12/7/2007
CITY OF SANTA ANA
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
Park/Facility/Field Modification Request Form
(Please complete one form per project)
Date Submitted
Group/Individual Requesting Non-Profit Tax ID No.:
Modification
Contact Person Name
Address
Pbone Number: Fax Number: E-mail;
Certificate of Liability Insurance attached? Yes
_ El No Site plan/drawing enclosed? Yes n No
Projected Start Date: Projected Completion Date:
Brief description of proposed modification(s): .
Brief description of bow project will be funded and funding source:
Impact on park/facility/field during improvement/maintenance.
Applicant Signature
Approved /Denied by ,
Date Received and Filed by Board of Parks and Recreation
Conditions (if any):
3
Date:
Date:
25G-40
EXHIBIT D
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702; its officers, employees, agents and volunteers are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which
such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
EXHIB1i U
25G-41
25G-42