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A-2024-014 <br />INSURANCE ON FILE <br />WORT( MAY PROCEED _ A 2019-2r1 -vi <br />UNTIL INSURANCE EXPIRES <br />Cl [Y CLERK <br />D rE: FEB 2 3 2024 <br />SF.CONU ANIP NI)NIFNT TO AGRVEMI:NT FOR T111,. <br />NIANAGEN1ENT, OPEIZATION, AND NIA1N1 ENANC'E OF THU,, <br />CA11101,1,0 I ENNIS C'I:NTI:R <br />I HIS SECOND AN1FN[);\IFN 1 to the abo\ e-rctcrenccd agreement is entered into on January 16, <br />2024, by and bcnyccn %latchpoint Tennis Acadcmy L.I.C. a Calilirrnia limited liability company <br />(' \latchpoilIC) and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and kms of the State of ('ahl'Ornia ("City"). <br />RECITALS <br />A. On December [7, 20[9, City and Nlatehpoint entered into Agrecincrlt (A-2019-241 ) for the <br />management, operation, and maintenance of' tile Cabrillo Tennis Center ("Facility") located <br />at 800 N. Cabrillo Park I)rivc, Santa Ana, California ("Agreenlent"). <br />H. On April [, 2020, City and %latehpoint executed a First Amendment (A-2020-060) to the <br />Agreement to alloy foradditional time to complete installation of two (2) clay tennis courts at <br />the Facility because of the closure of the Facility due to the COVID-19 pandemic ("First <br />Aillerldillent"). <br />C . The Agreement remains in effect through December 31, 2034. <br />D. Pursuant to the terms of the .Agreement and First Amendment, N(latchpoint is required to make <br />certain improvements to the Facility, including the installation of two (2) clay tennis courts at <br />the Facility no later than June 30, 2021, one ( I ) center tennis court at the Facility no later than <br />December 3[, 2023, and fencing to be installed around the entire Facility no later than <br />December 31. 2023. <br />E. As a result of the global Coronavirus (COVID-19) pandemic, engineering and constniction <br />progress was delayed for the installation of the clay tennis courts, the installation of the center <br />tennis court, and the installation of the fence around the Facility. <br />F. The parties now wish to amend the Agreement to reduce the term of the .Agreement and adjust <br />the delivery dates associated with the installation of the clay tennis courts, center tennis court, <br />and the fence around the Facility. <br />The Parties therefore agree: <br />I. Section 2.0, TE.IZNI OF AGREEMENT, is hereby amended to reduce the term of thi, <br />.Agreement to ten (10) years from the commencement date of January I, 2020 and shall expire <br />on December 31, 2029, with the option for one ( I ) five (5) year extension exercisable by a <br />writing by the City Nlanagerand City Attorney, unless terminated earlier in conformance �� ith <br />Sections 9 and [0 of the Azreement. <br />2. Section 4.0, I,NIPIZOVEMENTS TO THE FACT ATIES, subsections 4.[, 4-2, and -1.3 are <br />hereby amended to read as lollows: <br />Pagel of 2 <br />