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HomeMy WebLinkAbout25E - AGMT MGT CABRILLO TENNIS CNTRREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2019 TITLE: APPROVE LICENSE AGREEMENT AMENDMENT WITH MATCH POINT TENNIS ACADEMY, LLC FOR THE MANAGEMENT AND OPERATION OF CABRILLO TENNIS CENTER AND TO RECEIVE THE AMOUNT OF $4,000 PER MONTH FOR A MONTH -TO - MONTH TERM STARTING SEPTEMBER 5, 2019 TO DECEMBER 31, 2019 TO BE DEPOSITED IN THE GENERAL FUND (STRATEGIC PLAN NO. 2, 1) CITY NTANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl 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 a license agreement amendment with Match Point Tennis Academy for the management and operation of Cabrillo Tennis Center and the City to receive the amount of $4,000 per month for a month -to -month term starting September 5, 2019 until December 31, 2019, to be deposited in the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) is in the process of issuing a Request for Proposal (RFP) for the operation of the Cabrillo Tennis Center. The PRCSA has reviewed the existing scope of the agreement and is modifying the Operator's responsibilities to include the operation, maintenance, management, and construction of two -clay tennis courts. The modification will allow the operator to control and utilize the entire site for their operations. In exchange for the substantial investment by the operator, there is a long-term license agreement to help recover the return on their investment. In preparation of the RFP, it will require an amendment to the existing license agreement to provide for a month -to -month term until the City finalizes this process. The City anticipates that a proposed License Agreement will be presented to the City Council no later than the December 2019. 25E-1 Agreement Amendment with Match Point Tennis Academy, LLC for the Management and Operation of the Cabrillo Tennis Center August 20, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #1 (Ensure coordination among organizations service Santa Ana's youth to optimize programs). FISCAL IMPACT The City anticipates the Request for Proposal to be completed in December, but anticipates that a couple of months will be needed to transition and therefore six months of revenue is projected to be deposited in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account# Description Descri tion FY 19-20 01113002- General Fund PRCSA-Tennis Reservations $16,000 53318 Li Rudloff Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: 164�� " Kathryn Downs, CPA Executive Director am Finance and Management Services Agency Exhibit: 1. First Amendment to Concession Agreement for Management, Operation and Maintenance of Cabrillo Tennis Center 25E-2 EXHIBIT 1 FIRST AMENDMENT TO CONCESSION AGREEMENT FOR MANAGEMENT, OPERATION AND MAINTENANCE OF CABRILLO TENNIS CENTER THIS FIRST AMENDMENT to the above -referenced Agreement is entered into on August 20, 2019, by and between Match Point Tennis Academy, LLC, a California Limited Liability Company ("Match Point"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2018-205 dated September 4, 2018 to provide for the management operation, maintenance and concessions by Match Point at the City's Cabrillo Tennis Center ("Agreement"). B. The parties wish to amend the Agreement to provide for a month -to -month term starting September 5;-2019 until December-3 1—,2019. The Parties therefore agree: 1. Section 2, TERM, of the Agreement is amended to provide that as of September 5, 2019, the Agreement term will be month -to -month until December 31, 2019, unless terminated earlier pursuant to the terns of the original Agreement. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney LAURA A. ROSSINI Senior Assistant City Attorney [Signatures continue on the next page] #4999v1 CITY OF SANTA ANA KRISTINE RIDGE City Manager MATCH POINT TENNIS ACADEMY, LLC. 25E-3 EXHIBIT 7 RECOMMENDED FOR APPROVAL LISA RUDLOFF Executive Director, Parks, Recreation and Community Services Agency [First Amendment -Match Point Tennis Academy, LLC.] tt4999v1 25E-4