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Home My WebLink AboutMATCH POINT TENNIS ACADEMY LLC.INSURANCE NOT ON FILE ��WORK MAY NOT PROCEED (P CLERK OF COUNCIL DEC - -nig DATE: AGREEMENT FOR THE ?,Acs(\) MANAGEMENT, OPERATION, AND MAINTENANCE OFTHE n - ,__ CABRILLOTENNISCENTER THIS AGREEMENT, made and entered into this 17th day of December, 2019, BY AND BETWEEN AND RECITALS A-2019-241 City of Santa Ana, a charter City and Municipal Corporation, duly organized and exiting under the Constitution and laws of the State of California, hereinafter referred to as "City" Matchpoint Tennis Academy LLC. A California Limited Liability Company hereinafter referred to as "Operator." A. City owns Cabrillo Park and the Cabrillo 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 use granted hereunder provides for the operation, maintenance of the clubhouse, tennis courts, collection of fees, provision of tennis lessons to the public, selling of pre -packaged food items and non-alcoholic beverages, and containing appropriate controls to ensure public use of the Facilities is consistent with said purposes. C. City and Operator agree that the primary objective for Operator's performance under this Agreement is to maximize the public use of the Facilities and the revenue to be received by the City as a result thereof. D. Operator has been operating the Tennis Center since 2008. In 2019, City issued a Request for Proposals ("RFP") to operate the Tennis Center. Operator was selected as the most cost-effective and responsive proposal. 020089v2 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: 1.0 USE GRANTED. 1.1 Use. Operator is hereby authorized and required to manage, operate and maintain a Tennis Facility, and conduct activities including but not limited to: scheduling of tennis court use; tennis lessons and tennis tournaments; participation in community outreach to further the interest in the playing of tennis at discounted or free programs and/or clinics; selling, purchasing, storing and repairing tennis related merchandise and equipment; selling of pre -packaged foods and non-alcoholic beverages from within the interior of the club house. Operator will have the use of the entire building known as the Twist -Basler House. 1.2 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 1.4 below, the storage and/or sale of tobacco, alcoholic beverages and sexual products is expressly prohibited. 1.2.1 Quality of Food and Non -Alcoholic Beverages. All prepackaged foods and beverages sold or kept for sale shall conform to the Federal, State, and County food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Operator and all merchandise kept on hand by Operator shall be stored and handled with due regard for sanitation. 1.3 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. Proposed operating Hours shall be submitted to the City annually for approval. Operator shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, clubhouse, locker rooms and showers, Twist -Basler House and parking lot(s). Operator shall also be responsible for enforcement of safety practices and regulations. 1.4 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 7 hereof. 420089v2 1.5 Fees for Use of Facilities. Operator shall be allowed to establish fees for use of facilities. These fees shall be subject to the approval of the City, Parks, Recreation and Community Services Executive Director and listed in the City's Resolution of fees which is published with the annual budget. Any change in the fee structure will only be permitted with the prior written approval of the Executive Director and in compliance with any applicable law, 1.6 Application. This Agreement only pertains to the tennis courts existing at the time of execution and the tennis courts built as specified by this Agreement. 1.7 Priority Use. Operator agrees to give Santa Ana residents priority reservations and also priority for participation in the Jr. Academy. 1.8 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 employees, agents, or assignees. 1.9 Scholarships. In consideration for the use granted herein, Operator agrees to provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa Ana to participate in the Operator's Player Development Tennis Academy. 2.0 TERM OF AGREEMENT. The term this Agreement (the "Term") shall be fifteen (15) years. The Term shall commence on January 1, 2020 and shall expire on December 3.1, 2034, if not terminated earlier pursuant to the terms of this Agreement. Earlier termination of this Agreement shall be in conformance with Sections 9 and 10 below. 3.0 CONSIDERATION. 3.1 From January I, 2020 to December 31, 2023, Operator will not pay any fees to City. Operator will instead make Improvements to the Facilities as specified in Section 4.0 of this Agreement. 3.2 Starting January 1, 2024 and continuing until December 31, 2029, in consideration for the use granted herein, Operator shall pay to City as compensation for use of and right to operate the Facilities the amount of Two Thousand Dollars ($2,000.00) per month. 3.3 Compensation will be due as specified after 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: Executive Director of Finance Department, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be #20089v2 3 applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 %z%) interest per month shall be added for each month that payment hereunder is due but unpaid. For any check that is returned for non -sufficient funds, for any reason, Operator shall pay the City an additional Twenty -Five Dollar ($25.00) service fee. 3.4 Starting January 1, 2030 and continuing through December 31, 2034, Operator shall continue to pay Two Thousand Dollars ($2,000.00) per month plus an additional ten percent (10%) of the net operating profits for the month as specified in Section 3.3 above. After an annual audit is performed, if findings determine that the 10% requirement was not met, the Operator shall make a payment to the City of the of the amount needed to meet the 10% requirement within 30 days of the audit report. If findings determine that an overpayment was made a credit will be applied to the following month's payment due to the City. 4.0 IMPROVEMENTS TO THE FACILITIES 4.1 Operator shall, in connection with its maintenance responsibilities, cause two (2) clay tennis courts to be installed at the Facilities in a location determined by the City. The two clay tennis courts shall be completed and operational no later than December 31, 2020. All costs associated with construction of the two clay tennis courts shall be paid by Operator. 4.2 Operator shall, in connection with its maintenance responsibilities, cause one center tennis court to be installed at the Facilities in a location determined by the City. The one center tennis court shall be completed and operational no later than December 31, 2023. All costs associated with construction of the one center tennis court shall be paid by Operator. 4.3 Operator shall, in connection with its maintenance responsibilities, cause a fence to be installed round the entire Facilities. City will have final approval of the location, material and design of the fence. The fence will be completed no later than December 31, 2023. 4.4 Operator shall, in connection with its maintenance responsibilities, cause all of the lighting at the Facilities to be retrofitted with LED lighting. The City will have final approval of the design, specifications and placement of all lighting. Operator shall be responsible for all costs associated with the replacement of the lighting at the Facilities. The lighting shall be replaced at the Facilities no later than December 31, 2023. 4.5 Operator shall, in connection with its maintenance responsibilities, cause the Facilities' two (2) air conditioning units to be replaced. The City will have final approval of the design, specifications and placement of the two air conditioning units. Operator shall be responsible for all costs associated with the replacement of the two air conditioning units at the Facilities. The two air conditioning units shall be replaced no later than December 3 I, 2023. N20089v2 5.0 OPERATIONAL RESPONSIBILITIES 5.1 Accounting. Operator shall collect all fees as indicated herein and agrees that it will provide the City with an annual accounting, thirty (30) days after the end of each contract year showing the amount of fees collected per calendar year and the Facilities gross revenue per month for the calendar year. Operator will also provide the City with data showing the breakdown between residents and non-residents using the Facilities, thirty (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. 5.2 Audit. Annually, Operator shall hire a certified public accountant to conduct an audit their financial statements for the tennis center and provide that audit to the City within sixty (60) days of their operating yearend. City will have the right but not the obligation to hire a certified accountant to conduct an annual audit of the Facilities financial statements including balance sheets, profits and losses and income and bank statements. 5.3 Quality of Service. Service to the public is of prime concern to City and part of the consideration for this Agreement. Therefore, Operator agrees to manage, operate and conduct its operation in a first-class manner, providing similar activities, programs and services. Operator, following receipt of written notification therefore, shall immediately withdraw or remove from sale any goods, services, and/or merchandise which may be found objectionable to the Executive Director based on findings that the provision of such terms are not in the best interest of the public welfare. 5.4 Compliance with Laws, Rules and Regulations. Operator shall conform to and abide by all municipal and City ordinances, and all State and Federal laws and regulations, insofar as the same or any of them are applicable; and where permits and/or licenses are required for the Agreement, any related activity, and/or construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction thereover. Further, Operator shall conform to and abide by all rules and regulations and policies of the City Council, the Executive Director of the Parks, and any other City departments insofar as the same or any of them are applicable. 5.5 Disorderly Persons. Operator shall use its best efforts to permit no intoxicated person or persons, profane or indecent language, or boisterous or loud conduct in or about the demised premises and, if necessary, will call upon the aid of peace officers to assist in maintaining peaceful conditions. 5.6 Illegal Activities. Operator shall not knowingly allow the use or possession of illegal drugs, narcotics, or controlled substances on the Facilities or any other activities that are prohibited by City ordinances or other applicable regulations. M20089v2 5.7 Security Devices. Operator, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for protecting the Facilities from theft, burglary or vandalism, provided written approval for the installation thereof is first obtained from the Executive Director. 5.8 Signs. Operator shall be allowed to put informational or program signs inside the club's/court's fences 5.9 Safety. Operator shall immediately correct any unsafe condition of the Facilities, as well as any unsafe practices occurring thereon. Operator shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Facilities. Operator shall cooperate fully with City in the investigation of any accidental injury or death occurring on the concession premises, including a prompt report thereof to the Executive Director. Operator shall cooperate and comply fully with County, State, municipal, federal or any other regulatory agency having jurisdiction thereover, regarding any safety inspections and certifications of any and all Operator's structures, enclosures, vehicles, and equipment on the Facilities. 5.10 Inclement Weather. Operator shall make an assessment of the Facilities to determine if it safe for use by the public. In regard to the courts being out of operation whenever play must be temporarily suspended on the facility due to inclement weather conditions, the decision on when to allow play to resume will be made by the Operator. 5.11 Sanitation. No offensive matter or refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Facilities. Operator shall provide that all refuse is collected as often as necessary, and in no case less than once a week, and shall pay all charges, which may be made for the removal thereof. Operator shall furnish all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the Executive Director, to maintain the demised premises in a sanitary condition. 5.12 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. 5.13 Trade Fixtures. Operator shall provide and install all appliances, furniture, fixtures and equipment that are required for the tennis concession. Prior to taking possession of the tennis concession, Operator and City shall take an inventory of its own equipment. Operator shall provide a copy of the Operator inventory for review and approval. During the last thirty (30) days preceding the termination of this Agreement, the City and Operator will conduct a walk-through of the Facilities with the inventory checklist to ensure that all parties are in agreement of the ownership of trade fixtures and equipment belonging to each party. Operator shall remove all personal items identified on the checklist from the Facilities, other than for those items of personality, which have #20089v2 been furnished by the City or so affixed that their removal therefrom cannot be accomplished without damage to the realty. Should Operator fail to so remove said appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30) day period, Operator shall lose all right, title and interest in and thereto, and City may elect to keep same upon the premises or to sell, remove or demolish same. Operator shall reimburse City for any and all costs, as determined by the Executive Director, incurred in excess of any consideration received from the sale, removal or demolition thereof. 5.14 Alteration of the Facilities. Operator agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director. 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. 6.0 OPERATOR RESPONSIBILITIES 6.1 Operator, at its own expense, shall be responsible for maintaining all repairs to and replacement of all improvements and equipment thereof in good and substantial condition, including the painting thereof upon written request by the Executive Director. Operator shall, in a timely manner, perform all repairs as required for the maintenance thereof and in compliance with all laws applicable thereto including but not limited to: Twist -Basler House and Small Clubhouse • Daily maintenance of the pro shop interior & locker rooms. • Painting of interior walls of the pro shop as needed or at Director's request • Replacement of interior/exterior light bulbs of the pro shop as needed or at Director's request. • Replace broken window glass. • Repair and/or replace carpeting and/or tiles. • Repair and/or replace broken or damaged doors. • Repair plumbing and lighting fixtures inside the pro shop as needed or at Director's request. • Custodial services for the Facilities. • Payment of other utilities not listed herein, including payment of telephone and cable charges. Restroom • Daily visual inspection of restroom supplies and provide general cleanliness. • Replenish restroom supplies as provided by the City. Tennis Courts • Sweeping and/or blow cleaning of all courts and concrete walkways daily and/or as needed. 420089v2 • Repair and/or replace tennis nets, net cables, net headbands, ball machines and center straps as needed or at Director's request. • Repair and/or replace tennis court umpire seats and court -side spectator benches as needed or at Director's request. • Litter controls twice a day or more frequently if needed. • Repair the Public Address system as needed or at Director's request • Repair Windscreens. • Perform the specialized maintenance that the clay tennis court requires pertaining to the water levels and grooming that are required per the instructions set forth in Exhibit B, attached hereto and incorporated herein. • Report to Director any tennis court light bulbs that need to be replaced. • Provide tennis court light bulbs to the Director who will replace the burned out or broken light bulbs. • Provide 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. • 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. • 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). 6.2 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 four (4) 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 #20089v2 damaged or destroyed Facility. If the Operator so notifies the City, then this 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. All maintenance/repair shall commence within thirty (30) days of the need thereof and diligently prosecuted to completion of same, except where the state of disrepair is such that an emergency or hazard is created thereby in which event there shall be an immediate correction thereof. 7.0 CITY RESPONSIBILITIES 7.1 City's Right to Enter. The Executive Director and City staff shall have the right to enter the Facilities at all times for the purpose of inspection, evaluation, and observation of Operator's operation. During these inspections, they shall have the right to photograph, film, or otherwise record conditions and events taking place upon the Facilities. Inspections may be made for the purposes set forth below, and for any other lawful purpose for which the City or another governmental entity with jurisdiction is authorized to perform inspections of the Facilities: • To determine if the terms and conditions of the Agreement are being complied with. • To observe transactions between the Operator and patrons in order to evaluate the quality and quantities of services provided or items sold or dispensed. 7.1.1 Should Operator, after ten (10) day notice from City of the need thereof, fail to perform its maintenance service obligations required herein, City in addition to all other available remedies may, but shall not be obligated to, exercise its Right of Entry as provided herein. City may enter upon the Facilities and perform perform Operator's failed obligations and Operator shall forthwith on demand reimburse City for its costs so incurred including direct and indirect overhead costs as determined by the Executive Director. 8.0 INSURANCE AND INDEMNIFICATION 8.1 INSURANCE COVERAGE. A. Commercial General Liability. 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 #20089v2 9 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 at least $1,000,000 per occurrence. B. Live Scan/Background Clearance. To maintain a safe environment, Operator will be held accountable for conducting background clearance (live -scan) for all staff working at the facilities. C. Workers Compensation and Employers' Liability. Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. D. Additional Insured Endorsement. The City also requires an Additional Insured Endorsement, in substantially the same form as Exhibit D. The policy shall name City, its agents, officers, employees and volunteers as Additional Iftsureds, 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. E. Provision of Policies. 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, on a form approved by the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: i. Provide the name and policy number of each carrier and policy; ii. State that the policy is currently in force; and iii. 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 iv. Operator shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. v. 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. ft20089v2 10 8.2 INDEMNIFICATION 8.2.1 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. 8.2.2 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 Operator Agreement. 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 Agreement 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 that now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 9.0 NOTICES. N20089v2 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 13561 Sussex Place Santa Ana, CA 92705 Telephone No.: (714) 724-9407 To the City: With a copy to Clerk of the City Council City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza 20 Civic Center Plaza (M-29) Santa Ana, California 92701 P.O. Box 1988 Santa Ana, California 92701 Telephone No.: (714) 647-6520 Fax No.: (714) 647-6956 Telephone No.: (714) 647-5201 Fax No.: (714) 647-6515 Executive Director of the Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) Santa Ana, CA 92702 Fax No. (714) 647-4211 A parry 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 facsimile, 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 10.0 TERMINATION. #20089v2 12 10.1 Termination. This Agreement is subject to termination for a material breach of the Agreement by either Party subject to the cure provisions set forth in this Section of the Agreement. If either Party determines that a Material Breach of the Agreement has occurred, it will give the other Party written notice of the Material Breach no later than five (5) calendar days after the Party knows or through reasonable inquiry should have known about the occurrence of the Material Breach. 10.2 Material Default by Operator. Any of the following constitute a material default of the Agreement: A. Operator ceases operation of the Facilities; B. Operator transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent; C. Operator fails to comply with any of the terms of this Agreement; D. Operator elects not to repair Facilities as provided for in Section 6.3; E. Failure to construct the Improvements within the time period agreed upon by the Parties; and Failure to pay the agreed upon monthly lease costs or the gross sales amount. 10.3 Material Default by the City. Any of the following constitute a material default of the Agreement: A. City sells the property; B. City takes action inconsistent with Operator's rights to operate the Tennis Center under this Agreement; C. Through no fault of Operator, the Facilities are destroyed or damaged to the extent that they cannot be operated pursuant to the terms of this Agreement. 10.4 Right to Cure. The parties shall have ten (10) calendar days from the date that notice of the material breach is received to cure any material defect. 10.5 Surrender of Premises. Upon the expiration or termination of this Agreement, Operator shall peaceably vacate the Facilities and any and all improvements located thereon and deliver up the same to City in a reasonably good condition ordinary wear and tear excepted. #20089v2 13 11.0 REMEDIES. In event of Operator's breach, default, abandonment or insolvency, 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. D. 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. 12.0 GENERAL TERMS AND CONDITIONS 12.1 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, assessments, fees or charges. 12.2 Liens. Operator will not permit any mechanics' or materialmen's' or other liens to stand against the Facilities by reason of any use or occupancy by Operator, or any person claiming under Operator. 12.3 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. #20089v2 14 12.4 Force Majeure. 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. 12.5 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. 12.6 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. 12.7 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. 12.8 Incorporation of Recitals/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. 12.9 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. 12.10 Governing Law and Venue. 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. If a dispute arises between the Parties, venue shall be proper in Orange County, California. 12.11 Entire Agreement. This Operator Agreement and the Exhibits attached hereto constitute the entire agreement between the City and Operator for the use granted at Cabrillo Tennis Facility for the operation and maintenance of a tennis concession facility. All other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to tt2008M 15 provide for a complete integration within the provisions of this document, and the Exhibit(s) attached hereto, the terms, conditions, promises and covenants relating to the operation and maintenance of a tennis concession facility and the Facilities to be used in the conduct thereof. 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. 12.12 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. 12.13 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. 12.14 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 Agreement. 12.15 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. 12.16 Cumulative 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. 12.17 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. 12.18 Non -Recording. Neither party shall record this Agreement k20089v2 16 A-2019-241 12.19 AuthorizationNarranty. Operator represents and warrants that the signatory to this Agreement is fully authorized to obligate Operator hereunder and that all corporate acts necessary to the execution of this Agreement have been accomplished. IN WITNESS WHEREOF, the parties hereto have caused this Operator Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Daisy Gomez, CMC Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Community Services Agency #20069v2 17 By: ELSON YDE CANTIDi Director Match Point Academy, LLC. Tax ID # -2 _ 83 Sot NMI EXHIBIT A #20089v2 18 EXHIBIT B #20089v2 19 BASIC TOOLS & EQUIPMENT Having the correct tools and equipment to malntain 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 Bruvii. 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. Thie circular brush should be replaced periodically to ensure good consistent brushing. Aussie [lean 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 aggresslve 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 Gaator 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 vrlth 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 blush when surface Is less rnolst. Rollers: Having a reliable roller will be very important in malmaining Har-Tru tennis courts, Performing preventative maintenance on your equipment will ensure longevity and consistent results. See Owner's Manual for preventative maintenance schedules. 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: 1-lar-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 rieed 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 lbw Rollers make rolling Har-Tru tennis courts safe, fast and easy. Choose liar-Tru brand equipment for all of your maintenance needs, COURT EQUIPMENT Inspect condition of Eaulpment Center Strap Anchors Center Straps and Hooks Numbers .Court -Drag Brushes _ Une Scrub Line Sweepers Llne Tapes Lute Scarlflers Halls -----..__ (lets Net Posts Net Post Reels Rollers Roster Bnishes�—^—� Roller Scrapers Tennle Two -Ste Tidl-Court Windscreens Fasteners TV -Wraps Plastic Snams ,. __ DAILY MAINTENANCE MORNING 1, Inspect Har-Tru surface for minor scuffing, If baseline areas require divot repair, lute and redress as necessary, 2. Remove any weed growth problems and foreign debris from the surface. 3. Inspect tapes and nails for lifting of shlfting. 4. Groom surface with an Aussie Clean Sweep, Court Rake or a Drag Brush. Make wide turns with the Drag Brush to avold accumulation of Mar-Tru material. The Aussie Clean Sweep serves a dual purpose; as a smoothing/leveling tool (with teeth in the uli 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 thg 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 WO surface has been rolled for o cleaner looking line (optional), a. Ensure that the net and center strap is set rormctly, 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 theTennle Two -Step on a daily basis If *ossible. II.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 waterng 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 hest determined by observation. The Ideal situation would be for the court profile to retain adequate moisture until the next maintenance period. TECHI`il ._ d& VI UQUIR SLING. Win& oP rolling several courts I without removing nats, I� I. � 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 law 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. Freeze/Thaw Effect. of Har-THA C*arts Frost occurs in the Her-Tru clay court surface profile when water in the surface, freezes. Depending on the extent of the freezing weather, from may extend through the entire 1" thickness of Har-Tru, When sunlight and higher temperature reach the frozen surface the following morning, these ire crystals will begin to melt from the top of the surface downward through the profits. 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 entice 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 a and for tennis play. We recommend everyone stay off the surfaco until it is playable and workable since any traffic on a wet surface may compromise the duality of that surface. If players or court maintenance staff enters•the playing area before. this drying cycle is complete, minor damage to the surface ran occur. To repair the indentations (footprints, roller marks, etc.) caused by entering the playing area too gUlckly, use standard patching technlques or call Her- Tru Sports or your local Mar-Tru clay Court material distributor for guidance. 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. Covet net postholes to prevent water, surface material and debris from entering during the off-season. S. 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. i, Benches: Wash, repair and paint If necessary, S. Line Sweepers, Drag Brushes and other accessories: Wash clean, inspect lbr repairs and hang properly to protect the bristles. 9. Roller; Consult owner's manual for proper servicing. lo.Aussle Clean .Sweep: Wash clean, Inspect far repairs and hang to protect rubber matting. END OF SEASON MAR-TRU SURFACE MAINTENANCE 1, Brush and roll repeatedly to rill in and compact old nab hoias. 2. Covering court surface with a nylon reinforced plastic cover for the winter months reduces the arnount of reconditioning required the following spring, FALL SURFACE RIECONDITIONING 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 brown out. d. 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 informatlon. These products are ideal for keeping your staff Informed, on a mgular basis about the most efficient methods of Har-Tru tennis court maintenance. �----_.-.__-L._.-r......,..._ .......... __...__--�--_----_J Maintenance Properly maintained Har-Tru courts ensure Training court longevity and consistent playability which can really affect a faclllty's bottom line. Making sure the maintenance crew is sufficlently 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 apportunity to learn about best practices and to rneet 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. Annuaily 1'he fouvving are staffing recommendations for daily maintenance of clay tennis courts, Har-Tru. We recommend 45-61 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-IRRIGAT15D 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. CERTIFICATE OF LIABILITY INSURANCE I DAnI40110,10 ner.l eTonae 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this eertificate does not confer riahts to the certificate holder in lieu of such endomement(s). PRODUCER MPX Insurance Services, Inc. 6B Liberty Suite 200 Aliso Viejo, CA 92666 License M OH49306 INSURED Match Point Tennis Academy LLC 800 Cabrillo Park Drive Santa Ana, CA 92701 COVERAGES CERTIFICATE NUMBER: ODOOOOOG-10465 REVISION NUMBER: 25 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF WSURANCE POLICY NUMBER MM ICYEFF MMICONYYP UMITS A X I COMMMRMLGENHULUASILITY Y Y CPS3297775 0911212019 09/1212020 EACHOCCURRENCE B 1000000 CUIMSMAOE ❑X OCCUR PREMISES Ea S 100,000 MEDEXP(Anymraperann) S 6,000. $ 1,000,000 PERSONALaADVINJURY GENIAGGREGATE UMIT APPLIES PER: GENERALAGGREGATE s 2000000 X POLICY F1 EEC El LOC .. PRODUCTS-COMPIOPAGG S 2,G00,000 Deductible OTHER: $ 500 AUTOMOBILE LIABiLnY CEOBM8INED 1 U IT $ SODILYINJURY(Per Penan) S ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS HIRED NON-OMED AUT0.SONLY AUTOSONLY BODILYIRJURY(Parapdd.0 3 PROPERTY DAMAGE Pm ami S S UMBRELLA IIAB OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAB CUIMS-MADE DED RETENTIONS S B ANY' o aDDrEA°R�v NUA�el"" OMY FFICERIME OPRIETMPAAGNIER ECUTIVE (Mandatory."Nlll NIA XWS (20) 59986843 06123/2019 06/2311020 X AT GERR EL EACH ACCIDENT $ 1.000.000 E.L. DISEASE -EA EMPLOY $ I1000,000 EL DISEASE - POLICY LIMIT S 1,000,000 If yyBBs6 des !K,Limka DESCRIPTION OF OPERATIONS below A General Liability CPS3297775 0910912019 09/0912020 Sexuall Physical Ab $25K1$50K A General Liability CPS3297775 0910912019 09109/2020 Participant Injury $25K/$50K DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (ACORD 101, Addwoaal Remarks SChedula, may be anal asi N more space Is ms,ui e ) The City of Santa Ana, Risk Management, its officers, employees, agents, representatives, and volunteers are listed as additional insureds in regards to the General Liability policy per the attached endorsement Primary and non-contributroy wording applies to the General Liability per the attached endorsement Waiver of subrogation applies to the General Liabilty policy per the attached endorsement Cancellation provisions apply to the General Liabilty policy per the attached endorsement continued on ACORD 101 Additional Remarks Schedule CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th FIQq ED & APPR Santa Ana, CA 92702 WV(ftkNMANAqI--MENT By RI D O REPRESENTATIVE VISI 1 l; KCC 'jI�Q ` ©1988.20Y5 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The Id1t�ti are registered marks of ACORD Printed by KCC on September 19, 2019 at 10:15AM SAM HA M. LAMBERT COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of can- cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to IL 00 171198 b. Give you reports on the conditions we find; and c. Recommend changes. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. US. 3. Paragraphs 1. and 2. of this condition apply not 4. Notice of cancellation will state the effective date only to us, but also to any rating, advisory, rate of cancellation. The policy period will end on service or similar organization which makes that date. insurance inspections, surveys, reports or rec- ommendations. S. If this policy is cancelled, we will send the first q, Paragraph 2. of this condition does not apply to Named Insured any premium refund due. If we any inspections, surveys, reports or recom- cancel, the refund will be pro rata. If the first mendations we may make relative to certifi- Named Insured cancels, the refund may be less cation, under state or municipal statutes, ordi- than pro rata. The cancellation will be effective nances or regulations, of boilers, pressure even if we have not made or offered a refund. vessels or elevators. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is auth- orized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. policy period and up to three years afterward. 0 you die, your rights and duties will be transferred to your legal representative but only while acting D. Inspections And Surveys within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody a. Make inspections and surveys at any time; of your property will have your rights and duties but REVIEWED & APPROVEnbwitn respect to that properly. MBy I( MANAgEMENT DIVISION EC 231019 IL 00 17 11 98 opai , Insurance Services Office, Inc., 1998 Page 1 of 1 AGENCY CUSTOMER ID: 00000000 LOC #: ---ON ACOROa ADDITIONAL REMARKS SCHEDULE Page 2 of 2 L AGENCY NAMED INSURED MPX Insurance Services, Inc. Match Point Tennis Academy LLC Po Cy NUMBER NIA GAMIER NAIL CODE Multiple Carriers EFFE"VE DATE: COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- (2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be pri- Primary And Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional This insurance is primary to and will not seek con- insured.tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and & APPROVED 1GEMENT DIVISION 2 3 2019 CG 20 01 0413 aQye g ce, Inc., 2012 Page 1 of 1 POLICYNUMBER: CPS32S COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The City of Santa Ana, its officers, employees, agents and volunteers 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. & APPROVED 1GEMENT DIVISION 232019 CG 24 04 05 09 Co ! sMt QNsInc., 2008 Page 1 of 1 LAMBERT cg2404a.fap POLICYNUMBER: CPS3297775 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Santa Ana, its officers, Various employees, agents. and volunteers 20 Civic Center Plaza Santa Ana, CA 92702 (Refer to form CG 2001 for PNC Wording) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to in- B. clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insureds) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. REV�tED & APPROVED By R SN MANAGEMENT DIVISION 232019 CG 2010 0413 Copyright. IngA04AN b *d* b"EK2012 Page 1 of TITSURED cg20100413.fap C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insur- additional insureds, the following is added to Sec- ance shown in the Declarations: tion III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is re- This endorsement shall not increase the applicable quired by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement: or & APPROVED 1GEMENT DIVISION 232019 M. LAMBERT Page 2 of 2 Copyright, Insuknce Services Office, Inc.. 2012 CG 20 10 0413 Match Point Tennis Academy, LLC. 13561 Sussex Place Santa Ana, CA 92705 December 19, 2019 City of Santa Ana Risk Management Division 20 Civic Center Plaza, Santa Ana, CA 92702 Re: Auto Insurance & Errors and Omissions Insurance Dear City of Santa Ana Risk Management Division: I, Elson T. De Cantuaria, Director, hereby release the City of Automobile Liability. I do not use/drive any vehicle during the course and scope of my course/instruction class_ Additionally, I am not a licensed professional and will not employ a licensed professional during the course of my contract. During the term of my agreement from January 1, 2020 through December 31, 2034,1 will be providing management operation, maintenance, concessions and tennis lessons to the public at Cabrillo Tennis Center located at: 800 N. Cabrillo Park Drive, Santa Ana. Sin 71rely p Elson T. De Cantuaria, Director APPROVED WENT DIVISION 2019 M. LAMBERT MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.oro August 28, 2020 SENT VIA EMAIL Mr. Elson De Cantuaria Match Point Tennis Academy LLC. 13561 Sussex Place Santa Ana, CA 92705 Re: No Spectator tournaments allowed at Cabrillo Tennis Center Dear Mr. De Cantuaria: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Match Point Tennis Academy LLC. Operates Cabrillo Tennis Center at 800 N. Cabrillo Park Dive in the City of Santa Ana. The land upon which the tennis center operates is owned by the City of Santa Ana. Since March 25, 2020, the operation of the Cabrillo Tennis Center ceased pursuant to California Governor Newsom's Executive Order N-33-20 (the "stay at home" order) and the Public Health Order issued by the Orange County Health Officer on March 18, 2020. On April 22, 2020, the United States Tennis Association (USTA) created two "Playing Tennis Safely" documents, one geared to players and one geared to tennis facilities, that have been developed by the USTA in conjunction with its Medical Advisory Group and its Industry partners. These documents provide extensive guidelines for the safe return to the courts. By following these guidelines as well as those of local governments and health agencies, facilities and players will be able to make informed decisions as to when play can recommence. SANTA ANA CITY COUNCIL Miguel A Puked Juan Villages Wcento Sarmienlo David PenalPza Jose solono Phil 6o.. Nelida Mendoza Mayor Mayor Pro Tom, Ward 5 Ward Wood Word Ward4 word moulldcAsanteana.old villeaasgsantaana and vsavnientoasante-ano om doenaloze santaand ore sdonaQ)santa-anaore Poacerrardsonta-ana.ora nmendozafasanta- ana rd On April 30, 2020, the City of Santa Ana authorized Match Point Tennis Academy LLC. to operate based on the United States Tennis Association Guidelines. On May 14, 2020, USTA created "Return to Play Recommendations for Junior Tournaments" document recognizing that the COVID-19 pandemic has been affecting different parts of the country in different ways and with different timing. The document (attached) provides guidelines to safely returning to play when appropriate for cities and states. The City of Santa Ana is hereby authorizing Match Point Tennis Academy LLC. to operate based on the United States Tennis Association Guidelines with NO SPECTATORS ALLOWED effective Tuesday, September 1, 2020. If Match Point Tennis Academy LLC. is found to be in violation of the attached Guidelines the City will rescind this authorization and may seek legal remedies. As the land owner the City owes a special responsibility to the public during this public health emergency and expects your full cooperation. Please acknowledge your acceptance of these terms and agree to operate in accordance with the Guidelines by signing below and returning a copy of this letter with your signature. Sincerely, ?""I iq 1�� Lisa Rudloff, Executive Director Parks, Recreation and Community Services I, Elson De Cantuaria, on behalf of Match Point Tennis Academy LLC. hereby acknowledge the Orange County Golf Course Guidelines and agree to operate in compliance with the United States Tennis Association Guidelines as set forth in this letter, with the understanding that if I fail to do so, the City of Santa Ana may revoke my ability to operate the Cabrillo Tennis Center and/or seek legal compliance. i7 MATCH POINT NNIS ACADE Y, LC, a California limited liability company By: Its: Contracted Facility Operator SANTA ANA CITY COUNCIL Miguel A. Pulidg Juan Villegas Vicente Sarmiento David Penaloza Jose Solana PhJ Be. Wide Mendoza Mayor Mayor Pro Tem, Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 6 moulid.nsanta-anaora 'villeaasiMsente-anaora vsarmiorflgnsantaana.ara tloenaloza(olsanta-anaora-salario(Msanta-anaora Pacena(c'rantaana org nmendozalasanl anaora RETURN TO PLAY RECOMMENDATIONS USTA JUNIOR TOURNAMENTS Updated May 14. 2020 The United States Tennis Association (USTA) recognizes that une uuviu- is panaemic nas oeen aneciing ainerenr pans or the country in different ways and with different timing. Therefore, we believe safely returning to play will be possible in some cities and states sooner than in others. Before doing so, please review federal, state and local guidelines to make informed decisions as to when play can recommence. In addition to the Playing Tennis Safely recommendations for players, facilities, and programming issued by the USTA on April 22, 2020, available on tennisindustryunited.com, here are some additional recommendations to consider when hosting a USTA Junior Tournament. • Use alternate scoring formats and stagger the match times to decrease the amount of time on - site per player. • Alternate match courts when possible to implement social distancing. • Use USTA Officials when possible to assist with your event. (See USTA Officiating Recommendations.) Advise Players to: • Check with the host facility ahead of time for any protocols that may apply at that facility. • Arrive at the facility close to assigned start time, ready to play, and depart immediately. • Bring their own water bottles, towel, or any other personal equipment and store them inside their tennis bag when not in use. Bring their own chairs and avoid sharing a bench with a teammate and/or opponent. Use headbands, hats, towels or wristbands to avoid touching their faces during play. Wash hands often (before / after matches.) • Clearly verbalize score at the start of each point and use technology to report scores (email or text). • Maintain safe social distance between players during the racquet spin at the start of a match. Players should stay on their side of the court and avoid changing ends. Offer an acknowledgment such as a nod, a thumbs up or a "good match" instead of shaking players' hands. ri Follow all state and CDC guidelines in reference to cleaning and disinfecting of all facility areas. Post safety notices for players, officials, and spectators. Provide antibacterial wipes and hand sanitizer near all courts and common areas. • Advise staff to wear masks and gloves when checking players in, and wash hands often. • Keep gates open (where possible, and not dangerous.) to minimize contact with common surfaces upon entering/exiting the court. • Capture and retain accurate participant information in the event contact tracing becomes necessary. Observe social distancing in all areas: o Limit large congregations at the tournament desk, players' lounge/locker rooms, and everywhere on site. o Designate areas for players to position personal items/equipment during play. o Designate an area and/or provide containers for used balls throughout the facility to avoid returning to the tournament desk. 0 Remove the following: o Score tender from courts o Line/Court sweeping equipment from general player use. (Have staff manage all line/court sweeping.) o Water coolers or stations from the courts. o Food offerings in common areas (fruit, granola bars, etc.) MATCPOI-01 MDELAIRE r ACOROW CERTIFICATE OF LIABILITY INSURANCE FMATE (MMIDDIYYYY) 3/24/2025 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (866) 553-2900 (A/C, No):(949) 281-2877 MPX Insurance Services 200 Congress Park Drive, Suite 100 Delray Beach, FL 33445 E-MAIL service@mpxinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Scottsdale Insurance Company 41297 INSURED INSURER B: Ohio Security Insurance Company 24082 INSURER 7 Match Point Tennis Academy LLC INSURER 7 800 Cabrillo Park Dr Santa Ana, CA 92701 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X CPS8067451 9/12/2024 9/12/2025 DAMAGE TO RENTED PREMISES Ea occurrence 100 000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE ccident Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N R/EXECUTIVE ANY PROPRIETOR/ EXCLUDED? OF EXCLUDED? (Mandatory in NH) N / A XWS59985843 6/23/2024 6/23/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,UUU If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A General Liab CPS8067451 9/12/2024 9/12/2025 Sexual $100K / Abuse 300,000 A General Liability CPS8067451 9/12/2024 9/12/2025 �Participantinj $25K/ 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, or equipment furnished in connection with such work or operations. Waiver of subrogation applies to the General Liability policy per the attached endorsement. Cancellation provisions apply to the General Liability policy per the attached endorsement. Digitallysigned Tran APPROVED TU TPd 11 by TuNguyen Workers Comp: Owner- Elson De Cantuaria Nguyen Nguyen Date:2025.04.09 By Tu Tran Nguyen at 3:17 pm, Apr 09, 2025 15:18:02-07'00' City of Santa Ana Attention: Parks, Recreation and Community Services 20 Civic Center Plaza, M-23 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Meecedes Dela;re ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policyholder Information Named Insured & Mailing Address MATCH POINT TENNIS ACADEMY LLC 800 CABRILLO PARK DR SANTA ANA, CA 92701 Dear Policyholder: Agent Mailing Address & Phone No. (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES 160 W Camino Real Unit 523 Ste 200 Boca Raton, FL 33432 We know you work hard to build your business. We work together with your agent, ACRISURE, LLC DBA MPX INSURANCE (949) 334-5330 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of: To find your specific coverages, limits of liability, and premium, please refer to your Declarations page(s). If you have any questions or changes that may affect your insurance needs, please contact your Agent at (949) 334-5330 Verify that all information is correct If you have any changes, please contact your Agent at (949) 334-5330 Reminders In case of a claim, call your Agent or 1-844-325-2467 You Need To Know . CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-844-325-2467 DS 70 20 01 21 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B (Ed. 7-01) POLICY INFORMATION PAGE ENDORSEMENT The following item(s) ❑ Insured's Name(WC 89 06 01) ❑ Item 3.13. Limits(WC 89 06 12) ❑ Policy Number(WC 89 06 02) ❑ Item 3.C. States(WC 89 06 13) ❑ Effective Date(WC 89 06 03) ❑ Item 3.D. Endorsement Numbers(WC 89 06 14) ❑ Expiration Date(WC 89 06 04) ❑ Item 4.' Class, Rate, Other(WC 89 04 15) ❑ Insured's Mailing Address(WC 89 06 05) ❑ Interim Adjustment of Premium(WC 89 04 16) ❑ Experience Modification(WC 89 04 06) ❑ Carrier Servicing Office(WC 89 06 17) ❑ Producer's Name(WC 89 06 07) ❑ Interstate/Intrastate Risk ID Number(WC 89 06 18) ❑ Change in Workplace of Insured(WC 89 06 08) ❑ Carrier Number(WC 89 06 19) ❑ Insured's Legal Status(WC 89 06 10) ❑ Issuing Agency/Producer Office Address(WC 89 06 25) ❑ Item 3.A. States(WC 89 06 11) is changed to read: WAIVER OF SUBROGATION IS ADDED TO THE POLICY IN FAVOR OF :City of Santa AnaAttention: Parks, Recreation and Community Services20 Civic Center Plaza, M-23Santa Ana, CA 92702 See Extension of Information Page and any other document. * Item 4. Change To: Classifications Code Premium Basis Total Rate Per Estimated No. Estimated Annual $100 of Annual Remuneration Remuneration Premium See Extension of Information Page Total Estimated Annual Premium $7, 588.00 Total Surcharges and Assessments $459.00 Total Estimated Cost $8, 047.00 Minimum Premium: $859.00 CA Deposit Premium: All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/24/2025 Policy Effective 06/23/2024 State Policy No. XWS (25) 59 98 58 43 Insured MATCH POINT TENNIS ACADEMY LLC Insurance Company Ohio Security Insurance Company WC 89 06 00 B (Ed. 7-01) Endorsement No. 0001 Premium $0.00 19291 Countersigned by: © 2001 National Council on Compensation Insurance, Inc. Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company �XWS (25) 59 98 58 43 Mutual Policy Period: INSURANCE From 06/23/2024 To 06/23/2025 Endorsement Period: NCCI Co. No. 1 K I From 03/24/2025 To 06/23/2025 Workers Compensation and 12:01 am StandardTime at Insured'sMailingAddress Employers Liability Insurance Policy Information Page Named Insured Agent MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES EXTENSION OF INFORMATION PAGE ITEM 3 C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except North Dakota, Ohio, Washington, Wyoming and states designated in Item 3.A. on the Information Page. Countersigned by: Issue Date To report a claim, call your Agent or 1-844-325-2467 WC 99 06 83 59985843 POLSVCS 280 INSURED COPY 001231 PAGE 25 OF 30 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company �XWS (25) 59 98 58 43 Mutual Policy Period: INSURANCE From 06/23/2024 To 06/23/2025 Endorsement Period: NCCI Co. No. 19291 I From03/24/2025 To 06/23/2025 Workers Compensation and 12:01 am StandardTime at Insured'sMailingAddress Employers Liability Insurance Policy Information Page Named Insured Agent MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES EXTENSION OF INFORMATION PAGE State: CALIFORNIA ITEM 4 The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Code Premium Basis - Total Rate per Estimated No. Estimated Annual $100 of Annual Remuneration Remuneration Premium MATCH POINT TENNIS ACADEMY LLC 800 Cabrillo Park Dr Santa Ana, CA 92701-4648 NLC 001 CSN 001 state 04 exp rec link 00001 Clubs - Sports - Including Restaurant Employees Retail Store Employees and Receptionists 9053 266,225.00 2.72 7,241.00 Total Subject Premium 7,241.00 Premium Modified to Reflect Experience Mod. Of 9898 .000 7,241.00 Price Point Modification 9734 debit 1.011 80.00 Total Estimated Annual Standard Premium 7,321.00 WC Expense Constant 0900 160.00 Terrorism 9740 266,225.00 .03 80.00 Catastrophe (Other than Certified Acts of Terror.) 9741 266,225.00 .01 27.00 State Estimated Annual WC Premium 7,588.00 WC Administration Revolving Fund Assessment 0935 2.4604 187.00 Uninsured Employers Benefits Trust Fund Assessment 0937 .1505 11.00 Subsequent Injuries Benefits Trust Fund Assessment 0938 1.5891 121.00 Occupational Safety and Health Fund Assessment 0939 .7266 55.00 Labor Enforcement and Compliance Fund Assessment 0992 .7109 54.00 WC Fraud Account Assessment 9703 .4122 31.00 CIGA Surcharge 0936 .0000 .00 CA Total Cost 8,047.00 Countersigned by: Issue Date To report a claim, call your Agent or 1-844-325-2467 WC 99 06 84 59985843 POLSVCS 280 INSURED COPY 001231 PAGE 27 OF 30 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company - a stock company IXWS (25) 59 98 58 431 Mutual Policy Period: INSURANCE From 06/23/2024 To 06/23/2025 Endorsement Period: NCCI Co. No. 19291 I From 03/24/2025 To 06/23/2025 Workers Compensation and 12:01 am StandardTime at Insured'sMailingAddress Employers Liability Insurance Policy Information Page Named Insured Agent MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES EXTENSION OF INFORMATION PAGE POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements that make up your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S) Applicable WC 00 00 00 C Workers Compensation and Employers Liability Insurance Policy CA WC 00 04 21 F Catastrophe (Other Than Certified Acts of Terrorism) Premium Endorsement CA WC 00 04 22 C Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement CA " WC 04 03 01 D Policy Amendatory Endorsement - California CA WC 04 03 10 Duty To Defend Endorsement - California CA WC 04 03 18 C Limited Liability Company Coverage/Exclusion Endorsement - California CA Endorsement Agreement Limiting and Restricting This Insurance WC 04 03 60 B Employers' Liability Coverage Amendatory Endorsement - California CA WC 04 04 21 Optional Premium Increase Endorsement - California CA WC 04 06 01 B California Cancelation Endorsement CA Countersigned by: Issue Date To report a claim, call your Agent or 1-844-325-2467 WC 99 06 85 59985843 POLSVCS 280 INSURED COPY 001231 PAGE 29 OF 30 POLICY NUMBER: CPS8067451 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations THE CITY OF SANTA ANA, ITS OFFICERS, VARIOUS OFFICIALS, EMPLOYEES, AND VOLUNTEERS 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Pagel of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CPS8067451 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): THE CITY OF SANTA ANA, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILF LIABILITY INSURANCE � Elson De Cantuaria ('�Amc and Title��t �'cnt1or Rc�+tr�cnt;►tnct Matchpoint Tennis Academy' LLC r��n�:�etlt�iti��c of (Consultant Campan\ Name) possess the authority to legally bind Company. that I am an atithorized 614.any") , and In my capacity as Reprcsentative of Company, I represent and confine the following, as relates to the ai!re meet between Cony pany and Cityf Santa Ana, cigreement nnt�� r "At!reemeet'') to provicue A-2019-241 Management, operation, and maintenance of the C-it)rdlo Tennis Center Services"): (Services to be pro%. tdcd under agreement contract) During the course and scope of Company's agreement with the City of Santa Ana, Company employees, consultants, representatives, and agents will not use and/or drive any Company owned/rentedlleased/ borrowed vehicles to perform Services to, for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum automobile liability 111Surance coverage as required in the Agreement, it will be considered a breach of Agreement renderincy the Agreement null and �'40•o� and Company grill be fully liable for any and all damages. Signature Elson De Cantuaria Print Name Owner/Manager J ItIc 714-724-9407 / d eca ntu2006 @yahoo. com -�-- Contact Inf'urr anon, i.e,, Telephone Number and./or Emad Address 000 "3 /C2-C;L/ C Date Affidavit of Exemption for Automobile Liability Insurance 11.12-2024 MATCPOI-01 ESARAIVA ,d►coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/17/2025 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MPX Insurance Services PHONE FAX 200 Congress Park Drive,Suite 100 (A/C,No,Ext):(866)553-2900 (A/C,No):(949)281-2877 Delray Beach, FL 33445 E-MAIL service@mpxinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Scottsdale Insurance Company 41297 INSURED INSURER B:Ohio Security Insurance Company 24082 Match Point Tennis Academy LLC INSURER 7 800 Cabrillo Park Dr INSURER 7 Santa Ana,CA 92701 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPS8284857 9/12/2025 9/12/2026 rl DAMAGE TO RENTED 100 000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N XWS59985843 6/23/2025 6/23/2026 1,000,000 ANY PROPRIETOR/EXCLUDED? R/EXECUTIVE N/A E.L.EACH ACCIDENT $ OF EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,ODU If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A General Liability CPS8284857 9/12/2025 9/12/2026 Sexual$100k/Abuse 300,000 A General Liability CPS8284857 9/12/2025 9/12/2026 Participant Inj $25k 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Santa Ana,its officers,officials,employees,and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials,parts,or equipment furnished in connection with such work or operations.Waiver of subrogation applies to the General Liability policy per the attached endorsement.Cancellation provisions apply to the General Liability policy per the attached endorsement. Tu Tran Digitally signed by Tu Tran Nguyen Workers Comp:Owner-Elson De Cantuaria Date:2025.09.22 Nguyen 13:56:48-07'00' APPROVED By Tu Tran Nguyen at 1:56 pm,Sep 22,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Attention:Parks, Recreation and Community Services 20 Civic Center Plaza, M-23 Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Liberty Mutual INSURANCE Policyholder Information Named Insured&Mailing Address Agent Mailing Address&Phone No. MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 800 CABRILLO PARK DR ACRISURE, LLC DBA MPX INSURANCE SANTA ANA, CA 92701 SERVICES 160 W Camino Real Unit 523 Ste 200 Boca Raton, FL 33432 Dear Policyholder: We know you work hard to build your business. We work together with your agent, Your ACRISURE, LLC DBA MPX INSURANCE (949) 334-5330 Commercial to help protect the things you care about. Thank you for selecting us. Documents Enclosed are your insurance documents consisting of: • Workers Compensation And Employers Liability Insurance Policy, Information Page, Endorsements and Other Documents To find your specific coverages, limits of liability and premium, please refer to your Workers Compensation and Employers Liability Insurance Policy Information Page, extensions, the policy and endorsements. If you have any questions or changes that may affect your insurance needs, please contact your Agent at (949) 334-5330 Verify that all information is correct If you have any changes, please contact your Agent at (949) 334-5330 Reminders In case of a claim, call your Agent or 1-844-325-2467 You Need To Know . CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-844-325-2467 DS 70 20 0121 You Need To Know - continued . NOTICE(S) TO POLICYHOLDER(S) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE CNI90 11 07 18 Reporting A Commercial Claim 24 Hours A Day CNI90 20 08 21 Important Notice Circumstances Adversely Impacting Credit History CNI90 24 08 22 Information About Your Policy NP 74 44 09 06 U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders NP 91 89 02 13 Important Information Consumer Affairs Policyholder Notice NP 91 91 08 24 Important Policyholder Information Concerning Billing Practices - California PN 04 99 04 California Insurance Guarantee Association (CIGA) Surcharge SNW04 08 07 18 Policyholder Notice - California Assembly Bill (AB) 2883 and Senate Bill (SB) 189 SNW04 10 07 18 General Partners And LLC Managing Members - Waiver Of Workers' Compensation Coverage SNW04 11 04 18 California Risk Control Services SNW04 13 01 18 Managed Care Notification Policyholder Notice California Senate Bill (SB) 1160 - SNW04 14 06 24 Liberty Mutual Privacy Notice SNW04 16 02 22 Policyholder Notice Your Right to Rating And Dividend Information SNW04 17 06 20 Policyholder Notice California Workers' Compensation Insurance Rating Laws SNW90 03 07 18 Clarification of Other States Coverage . This Workers Compensation and Employees Liability policy is auditable. Please refer to the conditions of the policy for details or contact your agent. . This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company-a stock company �XWS (26)59 98 58 43 1 Mutual Policy Period: INSURANCE From 06/23/2025 To 06/23/2026 Endorsement Period: NCCI Co. No. IL9291 1 From To Workers Compensation and I2:0I am standard Time Employers Liability Insurance Policy at Insured's Mailing Address Information Page Named Insured Agent MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES EXTENSION OF INFORMATION PAGE ITEM 3 C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except North Dakota, Ohio,Washington,Wyoming and states designated in Item 3.A. on the Information Page. Countersigned by: Issue Date To report a claim, call your Agent or 1-844-325-2467 WC 99 06 83 59985843 POLSVCS 280 INSURED COPY 000996 PAGE 37 OF 64 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company-a stock company �XWS (26)59 98 58 43 1 Mutual Policy Period: INSURANCE From 06/23/2025 To 06/23/2026 Endorsement Period: NCCI Co. No. IL9291 1 From To Workers Compensation and 12:01 am standard Time Employers Liability Insurance Policy at Insured's Mailing Address Information Page Named Insured Agent MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES EXTENSION OF INFORMATION PAGE State:CALIFORNIA ITEM 4 The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Classifications Code Premium Basis-Total Rate per Estimated No. Estimated Annual $100 of Annual Remuneration Remuneration Premium MATCH POINT TENNIS ACADEMY LLC 800 Cabrillo Park Dr Santa Ana, CA 92701-4648 NLC 001 CSN 001 state 04 exp rec link 00001 Clubs - racquet sports - including restaurant, bar or tavern employees, retail store employees and receptionists 9053 266,225.00 2.70 7, 188.00 Total Subject Premium 7, 188.00 Price Point Modification 9734 debit 1.011 79.00 Total Estimated Annual Standard Premium 7,267.00 WC Expense Constant 0900 160.00 Terrorism 9740 266,225.00 .03 80.00 Catastrophe (Other than Certified Acts of Terror.) 9741 266,225.00 .01 27.00 State Estimated Annual WC Premium 7,534.00 WC Administration Revolving Fund Assessment 0935 1.2370 93.00 Uninsured Employers Benefits Trust Fund Assessment 0937 .0818 6.00 Subsequent Injuries Benefits Trust Fund Assessment 0938 3.0148 227.00 Occupational Safety and Health Fund Assessment 0939 . 1885 14.00 Labor Enforcement and Compliance Fund Assessment 0992 . 1058 8.00 WC Fraud Account Assessment 9703 .4096 31.00 CIGA Surcharge 0936 .0000 .00 CA Total Cost 7,913.00 Countersigned by: Issue Date To report a claim, call your Agent or 1-844-325-2467 WC 99 06 84 59985843 POLSVCS 280 INSURED COPY 000996 PAGE 39 OF 64 Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company-a stock company �XWS (26)59 98 58 43 1 Mutual Policy Period: INSURANCE From 06/23/2025 To 06/23/2026 Endorsement Period: NCCI Co. No. IL9291 1 From To Workers Compensation and I2:0I am standard Time Employers Liability Insurance Policy at Insured's Mailing Address Information Page Named Insured Agent MATCH POINT TENNIS ACADEMY LLC (949) 334-5330 ACRISURE, LLC DBA MPX INSURANCE SERVICES EXTENSION OF INFORMATION PAGE POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements that make up your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S)Applicable WC 00 00 00 C Workers Compensation and Employers Liability Insurance Policy CA WC 00 04 21 F Catastrophe (Other Than Certified Acts of Terrorism) Premium Endorsement CA WC 00 04 22 C Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement CA WC 04 03 01 D Policy Amendatory Endorsement - California CA WC 04 03 10 Duty To Defend Endorsement - California CA WC 04 03 18 C Limited Liability Company Coverage/Exclusion Endorsement - California CA Endorsement Agreement Limiting and Restricting This Insurance WC 04 03 60 B Employers' Liability Coverage Amendatory Endorsement - California CA WC 04 04 21 Optional Premium Increase Endorsement - California CA WC 04 06 01 B California Cancelation Endorsement CA Countersigned by: Issue Date To report a claim, call your Agent or 1-844-325-2467 WC 99 06 85 59985843 POLSVCS 280 INSURED COPY 000996 PAGE 41 OF 64 A� SCOTTSD.ALE INSURANCE COMPANYO COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No. CPS8284857 Effective Date 09/12/2025 MATCH POINT TENNIS ACADEMY, 12:01 A.M., Standard Time Named Insured LLC Agent No. 04027 Item 1. Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products/Completed $ 2,000,000 Operations Aggregate General Aggregate (other than $ 2,000,000 Products/Completed Operations) Coverage A—Bodily Injury and any one occurrence subject Property Damage Liability to the Products/Completed Operations and General $ 1,000,000 Aggregate Limits of Liability any one premises subject to the Coverage A occurrence and the General Aggregate Limits Damage to Premises Rented to You Limit $ 100,000 of Liability Coverage B—Personal and any one person or organization Advertising Injury Liability subject to the General Aggregate $ 1, 000,000 Limits of Liability Coverage C—Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits $ 5, 000 Item 2. Description of Business Form of Business: ❑ Individual ❑ Partnership ❑ Joint Venture ❑ Trust ❑ Limited Liability Company ❑ Organization including a corporation (other than Partnership, Joint Venture or Limited Liability Company) Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE OF LOCATIONS Item 3. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 4. Premiums Coverage Part Premium: $ $3,233 Other Premium: $ Total Premium: $ $3,233 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLS-SD-1L(8-01) ASCOTTSDALE INSURANCE COMPANY' COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. CPS8284857 Effective Date: 09/12/2025 12:01 A.M., Standard Time Named Insured MATCH POINT TENNIS ACADEMY, LLC Agent No. 04027 Prem. No. Bldg. No. Class Code Exposure Basis 1 1 40066 14 PER GAME/EACH Class Description: Premises/Operations ATHLETIC LEAGUES RATED AS ATHLETIC PROGRAMS - Rate Premium AMATEUR - OTHER THAN NOT-FOR-PROFIT $19.91 $279 Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 1 1 49890 150 PER REGISTRANT/EACH Class Description: Premises/Operations SPORTS CLINICS RATED AS YOUTH RECREATION PROGRAMS Rate Premium - OTHER THAN NOT-FOR-PROFIT $15.36 $2,304 Products/Comp O erations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 1 1 48924 7,800 PER $1,000 / GROSS SALES Class Description: Premises/Operations SPORT COURT - COMMERCIALLY OPERATED RATED AS Rate Premium SWIMMING POOLS/RACQUETBALL - COMMERCIALLY OPERATED 83 .31 650 + PRODUCTS/COMPLETED OPERATIONS ARE SUBJECT TO THE Products/Comp Operations GENERAL AGGREGATE LIMIT Rate Premium INCLUDED INCLUDE Prem. No. Bldg. No. Class Code Exposure Basis 44444 Class Description: Premises/Operations SEXUALLY ABUSIVE ACTS - LIMITED LIABILITY COVERAGE Rate Premium PER FORM GLS-621 INCLUDED INCLUDE Products/Comp Operations Rate Premium CLS-SP-1 L(10-93) ASCOTTSDALE INSURANCE COMPANY' COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. CPS8284857 Effective Date: 09/12/2025 12:01 A.M., Standard Time Named Insured MATCH POINT TENNIS ACADEMY, LLC Agent No. 04027 Prem. No. Bldg. No. Class Code Exposure Basis 44444 FLAT CHARGE Class Description: Premises/Operations COMPETITIVE ATHLETIC OR SPORTS PARTICIPANTS - Rate Premium LIMITED LIABILITY COVERAGE PER FORM GLS-736 INCLUDED INCLUDE Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 49950 1 INCLUDED Class Description: Premises/Operations PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE Rate Premium CONDITION PER FORM CG 20 01 INCLUDED INCLUDE Products/Comp O erations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 49950 3 INCLUDED Class Description: Premises/Operations ADDITIONAL INSURED - OWNER, LESSEE OR CONTRACTOR - Rate Premium SCHEDULED PERSON OR ORGANIZATION PER FORM CG 20 10 INCLUDED INCLUDE Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 44444 2 INCLUDED Class Description: Premises/Operations WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST Rate Premium OTHERS TO US (WAIVER OF SUBROGATION) PER FORM CG 24 04 INCLUDED INCLUDE Products/Comp Operations Rate Premium CLS-SP-1 L(10-93) ASCOTTSDALE INSURANCE COMPANY' COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. CPS8284857 Effective Date: 09/12/2025 12:01 A.M., Standard Time Named Insured MATCH POINT TENNIS ACADEMY, LLC Agent No. 04027 Prem. No. Bldg. No. Class Code Exposure Basis 49950 1 INCLUDED Class Description: Premises/Operations ADDITIONAL INSURED - CLUB MEMBERS PER FORM CG 20 Rate Premium 02 INCLUDED INCLUDE Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis 49950 1 INCLUDED Class Description: Premises/Operations BLANKET ADDITIONAL INSURED ENDORSEMENT PER FORM Rate Premium GLS (HI) 150S INCLUDED INCLUDE Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium Prem. No. Bldg. No. Class Code Exposure Basis Class Description: Premises/Operations Rate Premium Products/Comp Operations Rate Premium CLS-SP-1 L(10-93) ENDORSEMENT A� SCOTTSDALE INSURANCE COMPANY° NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS8284857 09/12/2025 MATCH POINT TENNIS ACADEMY, LLC 04027 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II—WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required to on the project (other than service, mainte- add as an additional insured on this policy under a written nance or repairs) to be performed by or on contract, written agreement or written permit which must be: behalf of the additional insured(s) at the loca- a. Currently in effect or becoming effective during tion of the covered operations has been com- pleted; or the term of the policy; and b. That portion of"your work" out of which the in- b. Executed prior to the "bodily injury," "property jury or damage arises has been put to its in- damage," or"personal and advertising injury." tended use by any person or organization The insurance provided to these additional insureds is lim- other than another contractor or subcontrac- ited as follows: for engaged in performing operations for a 1. That person or organization is an additional insured principal as a part of the same project. only with respect to liability for "bodily injury," 3. The limits of insurance applicable to the additional "property damage" or "personal and advertising insured are those specified in the written contract, injury" caused, in whole or in part, by: written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- a. Your acts or omissions; or its of insurance are inclusive of, and not in addition b. The acts or omissions of those acting on your to, the Limits of Insurance shown in the Declara- behalf. tions for this policy. A person's or organization's status as an addi- 4. Coverage is not provided for "bodily injury," tional insured under this endorsement ends when "property damage," or "personal and advertising your operations for that additional insured are injury" arising out of the sole negligence of the completed. additional insured. 2. With respect to the insurance afforded to these 5. The insurance provided to the additional insured additional insureds, the following exclusions are does not apply to "bodily injury," "property damage," added to item 2. Exclusions of SECTION I— or "personal and advertising injury" arising out of COVERAGES: an architect's, engineer's or surveyor's rendering of or failure to render any professional services This insurance does not apply to "bodily injury," including: "property damage" or "personal and advertising injury" occurring after: Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc.,2004 GLS-150s(7-06) Page 1 of 2 a. The preparing, approving or failing to prepare written contract specifically requires that this insur- or approve maps, shop drawings, opinions, re- ance be primary. ports, surveys, field orders, change orders or drawings and specifications; and When this insurance is excess, we will have no du- ty under SECTION I—COVERAGES to defend the b. Supervisory, inspection, architectural or engi- additional insured against any "suit" if any other in- neering activities. surer has a duty to defend the additional insured against that "suit." If no other insurer defends, we 6. Any coverage provided hereunder will be excess will undertake to do so, but we will be entitled to the over any other valid and collectible insurance avail- additional insured's rights against all those other able to the additional insured whether primary, ex- insurers. cess, contingent or on any other basis unless a AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc.,2004 GLS-150s(7-06) Page 2 of 2