HomeMy WebLinkAbout25R - MGMT AND OPERATION OF CABRILLO TENNIS CENTERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
AGREEMENT FOR THE MANAGEMENT AND
OPERATION OF THE CABRILLO TENNIS
CENTER
~pc~~ ~. -
C TY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk
attached agreement with Match Point T~
amount of $48,000 for the management
Tennis Center for a five-year term
options, subject to non-substantive
Manager and City Attorney.
of the Council to execute the
=nnis Academy, LLC in an annual
and operation of the Cabrillo
with four, five-year renewal
changes approved by the City
DISCUSSION
The Parks, Recreation and Community Services Agency entered into a one-
year license agreement with Match Point Tennis Academy in November 2007
for the provision of a tennis academy at Cabrillo Tennis Center. Under
the direction of Elson De Cantuaria, a former professional tennis
player who has an extensive background in tennis center management and
administration, Match Point Tennis Academy has been successful in
helping to revive the sport of tennis in Santa Ana by increasing the
overall number of participants at the Cabrillo Tennis Center and
introducing more young people to tennis by providing free training and
consulting services to sponsored Santa Ana youth.
In addition, Match Point has successfully completed key improvements to
the facility to enhance the playability of the courts. Improvement
projects completed by Match Point over the past six months include
resurfacing the tennis courts, painting the light posts and perimeter
fencing surrounding the tennis courts, replacing court windscreens, and
aesthetic improvements to the interior of the existing clubhouse.
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Agreement for the Management and Operation
of the Cabrillo Tennis Center
June 2, 2008
Page 2
The proposed operating agreement will authorize Match Point Tennis
Academy to supervise and maintain the entire leased premises at the
Cabrillo Tennis Center, including, the tennis courts, club house,
locker rooms and showers, and the soon to be relocated Twist-Basler
House. Match Point will also be responsible for enforcement of safety
practices and regulations consistent with the City's policies and
regulations at the facility. Match Point will also continue to sponsor
Santa Ana youth into its player development program and provide the
residents of Santa Ana with a discounted court fee and priority use of
the tennis courts.
The initial term of the operating agreement will
with four, five-year renewal options. Match Point
monthly base rental of $4,000 (or $48,000 annuall
will generate $18,000 more than the $30,000 that
receives in annual tennis revenue. In addition,
other operational cost savings will be achieved.
be for five years,
will pay the City a
y). This agreement
the City currently
salary savings and
FISCAL IMPACT '~
Funds generated from the agreement will be deposited into the General
Fund-Tennis Reservation account (no. 11-O1-5561).
to ~c{,~
Gerardo Mouet,
Executive Dire for
Parks, Rec. an Com. Svcs.
APPROVED AS TO FUNDS AND ACCOUNT:
~~ ~ ~ ~l~ ~ L_~yz~
Francisco Gutierrez,
Executive Director
Finance and Mgt. Svcs. Agency
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OPERATING AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND
MATCH POINT TENNIS ACADEMY
THIS OPERATING AGREEMENT ("Agreement") is made and entered into this
day of , 2008, by and between the City of Santa Ana, a charter city and
municipal corporation, duly organized and exiting under the constitution and laws of the
State of California, herein referred to as "City", and Match Point Tennis Academy, LLC,
a California Limited Liability Company, herein referred to as "Match Point".
RECITALS:
A. The City desires to provide a quality tennis academy open to all its residents at the
Cabrillo Tennis Center at Santa Ana, and desires to contract for such services with
Match Point.
B. City owns the real property and facilities commonly known as the Cabrillo Tennis
Center, located at 800 N. Cabrillo Park Drive, Santa Ana, California (the
"Facilities"). The Facilities has nine (9) lighted tennis courts and a small tennis
clubhouse complete with locker rooms and showers for players and business
invitees.
C. City desires that Match Point operate the Facilities, as herein described and shown
in general in Exhibit "1", for the purpose of accommodating a tennis facility and
for no other purpose unless expressly agreed to in writing by the City.
D. Match Point represents that it is qualified to provide a quality tennis academy on
the Facilities. In undertaking the performance of this Agreement, Match Point
represents that it is knowledgeable in this field and that any service performed
under this Agreement will be performed in compliance with all required
professional standards of conduct and in accordance with the terms and conditions
of this Agreement, including all attachments hereto. Match Point's Director,
Elson T. De Cantuaria, is experienced and qualified in operating a tennis
academy. A copy of Mr. De Cantuaria's resume is attached hereto as Exhibit 2.
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:
AGREEMENT
1. Use of Facilities. City hereby licenses the Facilities to Match Point on all
of the terms and conditions set forth in this Operating Agreement.
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2. Term of License. The Term of this License (the "term") shall be Five (5)
years. The Term shall commence on the Commencement Date (as hereinafter defined),
and shall expire on the fifth (5th) anniversary thereof, if not terminated earlier pursuant to
the terms of this License. This License and Operating Agreement is subject to four (4)
five-year renewals upon City Council approval. Notice of Option to Renew this License
shall be provided no later than six (6) months before the expiration of the current License
term. Earlier termination of this Agreement shall be in conformance with Section 17 and
18, below.
3. Consideration.
A. As consideration for this Agreement, Match Point shall pay to City as
compensation for use of and right to operate the Facilities the amount
of $4000.00 per month.
B. Additional consideration for this agreement shall be provided by
Match Point's sponsorship of students and installation of
improvements to the tennis facility as described herein.
C. Compensation will be due upon execution of this Agreement and
thereafter on or before the 10th day of each succeeding month, payable
to "The City of Santa Ana" and remitted to: The City of Santa Ana,
Finance and Management Services, Attention: Francisco Gutierrez, 20
Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A
late charge of ten percent (10%) shall be applied after any payment
hereunder is due but unpaid. In addition, one and a half percent (1
%) interest per month shall be added for each month that payment
hereunder is due but unpaid.
4. Commencement Date. This Agreement shall commence and become
effective upon the last party to sign this Agreement. This Operating Agreement shall
supersede the current Site License Agreement #N--20007-120 entered into between the
parties.
Match Point Responsibilities
A. Match Point agrees that City Programs and City Residents shall have
priority use of the Property so long as said programs and residents do not
conflict with Licensee's regularly scheduled Programs. Match Point
agrees that at least 30% of the courts will be made available to City
residents by reservation or walk-in; and 30% for City-sponsored programs
by reservation during its normal operating hours. In the event a dispute
regarding court usage arises, the City's Executive Director of Parks,
Recreation and Community Services Agency shall make the final decision
regarding court usage.
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B. Match Point agrees that students attending a Santa Ana Unified
School District (SAUSD) school as well as City of Santa Ana
residents (youth and adult) shall be given priority to participate in
Match Point's programs.
C. Match Point 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 Match Point
provides.
D. Match Point agrees to sponsor two (2) Santa Ana resident youth
players (between the ages of 12 and 17) who qualify to participate in
the Match Point's Advanced Player Development Tennis Academy.
Match Point shall provide six months of free training and consulting
services to the sponsored students. Sponsorship shall be valued at
$300.00 per youth, per month and includes free consulting services.
E. Match Point agrees to sponsor two (2) Santa Ana resident youth
players (between the ages of 9 and 13) who qualify to participate in
the Match Point's Intermediate Player Development Tennis
Academy. Match Point shall provide six months of free training and
consulting services to the sponsored students. Sponsorship shall be
valued at $300.00 per youth, per month and includes free consulting
services.
F. Match Point agrees to sponsor two (2) Santa Ana resident youth
players (between the ages of 14 and 16) who qualify to participate in
Match Point's High School Player Development Tennis Academy.
Match Point shall provide six months of free training and consulting
services to the sponsored students. Sponsorship shall be valued at
$300.00 per youth, per month and includes free consulting services.
G. Should City agree to sponsor and pay the expenses for additional
qualified Santa Ana youth tennis players to attend any of the above
academies, Match Point agrees to give these players priority to
participate in these academies.
H. Match Point agrees that each sponsored student who participates in
the Match Point's Player Development Academies shall maintain a
"B" grade point average or higher. Match Point agrees that should
any player registered in their academies drop below a "B" grade
point average, that student will be placed on academic probation for
six months. Students shall submit quarterly grade reports to Match
Point. City will have access to grade reports in order to monitor and
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ensure compliance. City will be responsible for notifying students of
noncompliance.
I. Match Point shall resurface and maintain the nine (9) existing courts
as often as necessary to assure high quality tennis court surfaces at
all times.
Pro Shop and Food and Beverages. As part of the Operating
Agreement, Match Point will be authorized to operate a pro shop on
site. Match Point will also be authorized to sell food and beverages.
Except as noted in paragraph "SK" below, the storage and/or sale of
tobacco and alcoholic beverages or other unhealthy food products or
sexual products is expressly prohibited. Match Point will make a
good faith effort to sell at least 50% healthy snacks and drinks.
K. Special Events and Rental of Facilities. Match Point agrees that it
will not use, or rent, the facilities for special events of any kind
without first seeking approval from the City. To the extent that
Match Point desires to provide alcoholic beverages at any of its
events, it must first seek and obtain City approval.
L. Facility Staffing. Match Point shall maintain staffing levels
sufficient to comply with its responsibilities under this agreement.
The facility shall be staffed by Match Point at all times during
Operating Hours. Operating Hours shall be from Sam to l Opm,
Monday through Friday; and from 8:OOam to 8:OOpm on Saturday
and Sunday. Match Point shall be responsible for supervision of the
entire Facilities, including, but not limited to, tennis courts, club
house, locker rooms and showers, and parking lot. Match Point shall
also be responsible for enforcement of safety practices and
regulations.
M. Facility Maintenance. Match Point will maintain the entire Facilities
in a safe and clean condition, order and repair, including paying at its
own cost and expense for custodial services, maintenance of the
tennis courts and other improvements, including washing the courts,
replacing and maintaining nets and net posts/hardware, windscreens,
fences, ball machines and any other equipment.
N. Fees for Use of Facility. Santa Ana residents will continue to be
charged for use of the courts in accordance with the following
schedule:
Courts 1-9
Weekdays:
8:OOam to 12 noon $4.00/hr.
12 Noon to 4pm $2.00/hr.
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4:OOpm to dusk $4.00/hr.
Under Lights $6.00/hr.
Courts 1-9
Weekends:
8:OOam to 3pm $4.00/hr.
3:OOpm to dusk $2.00/hr.
Under Lights $6.00/hr.
Match Point shall collect anon-resident surcharge of $2.00 for use of
courts. Use of the courts for tournaments will also be charged a
surcharge. Any change in this fee structure will only be permitted
with the prior written approval of the Executive Director of Parks,
Recreation and Community Services Agency in compliance with any
applicable law.
O. Accounting and Audit. Match Point will be responsible for collecting
all fees as indicated herein and agrees that it will provide the City
with an annual accounting showing the amount of fees collected per
calendar year. Match Point will also provide the City with data
showing the breakdown between residents and non residents using
the facilities. City retains the option to request detailed financial
statements, including balance sheets, profit and loss, or income
statements to support the accounting.
P. Twist Basler House. Match Point acknowledges that the City is
currently in the process of relocating the Twist Basler House to the
Facilities. Match Point and City agree that Match Point will have
access to the first and third floor of the House and the City (or a
tenant of its choosing) will have sole access to the second floor. In
the event of a dispute with the occupant of the second floor, Match
Point agrees that City will be final arbiter of dispute.
Q. Upon the expiration or termination of this Agreement, City shall
approve in writing the surrender of the Facilities by Match Point
only after being satisfied that the Facilities have been left in good
and clean condition, less ordinary wear and tear.
6. City Responsibilities.
A. Utilities. City shall pay for all utility services furnished to the
Facilities for the use, operation and maintenance of the Facilities
during the Term of this Agreement, or any extension thereof,
including paying for all charges for heat, gas/water, trash,
electricity charges used during the term of this agreement. Match
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Point will be responsible for payment of other utilities not listed
herein, including payment of telephone and cable charges.
B. Landscape. City will be responsible for the landscape areas of the
facilities.
C. Parking Lot. City will be responsible for the maintenance of the
parking areas serving the facilities.
D. In the event of damage, destruction or vandalism by third parties of
any of the Facilities, the City will contribute to the repair and
restoration as provided in section 9 of this agreement.
7. Match Point's Equipment and Personal Property. Match Point shall
hold title only to Match Point's equipment or personal property placed on the Facilities
by Match Point. All of Match Point's equipment or personal property shall remain the
property of Match Point and are not fixtures. Match Point has the right to remove all of
Match Point'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 or the Property, including the use of
the Facilities or Property by City or any of City's Match Points, assignees or Match
Points.
8. Facility Alterations. Match Point agrees all changes or modifications to
any of the Facilities or the Property require prior written approval of the Executive
Director of Parks, Recreation and Community Services. All requests for such changes or
modifications shall be submitted by Match Point 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 3.
9. Damage, Destruction or Vandalism of Facilities. In the event of
damage, destruction or vandalism by third parties of any of the Facilities, Match Point
shall repair or rebuild the same as soon as reasonably possible, except in any of the
following circumstances: (a) Match Point reasonably determines that the repair or
rebuilding cost exceeds the sum of the proceeds available from the applicable insurance
carried pursuant to this License and any related deductible amounts; (b) the damage or
destruction occurs within the last five (5) months of the Term. If any of the foregoing
circumstances exist, then the Match Point may, not later than thirty (30) days after the
date of said damage or destruction, notify the City of the Match Point's intent not to
repair or rebuild the damaged or destroyed Facility. If the Match Point so notifies the
City, then the License shall immediately terminate.
Match Point and City agree that if the cost of repair is less than $3000.00,
Match Point will be solely responsible for the repairs. In the event that the cost of
repairs is over $3000.00, the City and Match Point will share in the cost of repairs.
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10. Indemnification, Defense, Hold Harmless. Match Point 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 Match Point's performance of this Agreement or Match Point's failure to
comply with any of Match Point's obligations contained in the Agreement by Match
Point, 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, Match Point shall notify City of such fact and shall represent City in such
legal action unless City undertakes to represent itself as codefendant in such legal action,
in which event City shall bear its own litigation costs, expenses and attorney's fees.
Match Point further agrees to indemnify, hold harmless, and pay all costs for the defense
of the City, including fees and costs for special counsel to be selected by City, regarding
any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in
any legal proceeding.
11. Insurance. In addition to the Match Point's covenant to indemnify and
hold harmless City, Match Point shall obtain and furnish to City, a policy of general
public liability insurance, commercial general liability and property insurance covering
the Facilities and Match Point's Facilities. The policy shall indemnify Match Point 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 Match
Point's Facilities, and shall provide coverage in not less than the following amount:
combined single limit bodily injury, personal injury and property damage, liability, of
$1,000,000 per occurrence. The City also requires an Additional Insured Endorsement,
as attached and incorporated herein as Exhibit 4. The policy shall name City, its agents,
officers, employees and volunteers as Additional Insureds, and shall specifically provide
that any City insurance coverage which may be applicable to the Facilities and Match
Point's Facilities shall be deemed excess coverage and that Match Point's insurance shall
be primary. Match Point 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 Match Point to furnish
insurance during the term of this Agreement.
12. Certificates of Insurance; Additional Insured Endorsements. Prior to
execution of this Agreement, Match Point shall furnish to City certificates of insurance
and additional insured endorsements to each of Match Point's insurance policies, subject
to approval of the City Attorney, evidencing the foregoing insurance coverages as
required by this Agreement; these certificates shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
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C. promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30)
days prior written notice of City; and
D. Match Point shall maintain the foregoing insurance coverages in force
throughout the term of this Agreement.
E. City or its representatives shall at all times have the right to demand the
original or a copy of all these policies of insurance, which Match Point
shall provide within fifteen (15) days of City's request.
13. Indemnification Regarding Hazardous Material. Match Point
covenants and agrees to indemnify City from and against any contamination of the
Property with Hazardous Materials by Match Point occurring after commencement of this
License. Match Point further agrees to defend and hold harmless the City from and
against any and all actions, agreements, attorneys' fees, causes of action, claims,
contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits,
liabilities, liens, losses, obligations, and orders which arise during or after the term of this
License related to the existence of Hazardous Materials (from whatever cause) on the
Property or in the groundwater on or under the Property except for: (1) the cost of any
remediation of Hazardous Materials deposited in the soils of the Property 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 aCity-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
Property. As used herein, the term "Hazardous Material" shall be interpreted broadly to
means any hazardous or toxic substance, material, or waste which now is or hereafter
becomes regulated by any local governmental authority, the State of California or the
United States Government.
14. Taxes. The parties agree that if the Facilities are assessed any taxes or
similar fees or charges due to the activities of Match Point or Match Point's permitted
users, then Match Point shall bear the entire cost of said taxes, fees or charges.
15. Liens. Match Point will not permit any mechanics' or materialmens' or
other liens to stand against the Facilities by reason of any use or occupancy by Match
Point, or any person claiming under Match Point.
16. Non-Discrimination. Match Point shall discriminate as to the
employment of persons relative to the use or operation of the Property, nor shall it
discriminate as to the persons or entities which may use the Property, on the basis of race,
color, 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.
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17. Termination of Agreement This License shall be terminable by the City
upon the occurrence of any of the following:
A. Use of Facilities. Match Point ceases operation of a Tennis
Academy; or,
B. Unauthorized Transfer. Match Point transfers or attempts to
transfer any rights or interest in the Property in any fashion without
the City's consent.
18. City's Remedies in Event of Breach. Default or Abandonment. In
event of Match Point's breach, default or abandonment of Facilities, City may:
A. Continue this License in effect by not terminating Match Point'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 Match Point any amount
necessary to compensate City for all detriment proximately caused
by Match Point's failure to perform its obligations under this
Agreement.
C. Should Match Point default in the performance of any of the terms,
conditions, or obligations contained in this Agreement, City may, in
addition to the remedies specified in this section of this Agreement,
re-enter and regain possession of the Facilities in the manner
provided by the laws of the State of California then in effect.
19. Force Maieure. Should the performance of any act required by this
Agreement to be performed by either City or Match Point 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 Match Point as required
by this Agreement or the performance of any act rendered difficult solely because of the
financial condition of the party, City or Match Point, required to perform the act.
20. Insolvency of Match Point. The insolvency of Match Point as evidenced
by a receiver being appointed to take possession of all or substantially all of the property
of Match Point, or the making of a general assignment for the benefit of creditors by
Match Point, or the filing of a petition in bankruptcy shall terminate this Agreement and
entitle City to re-enter and regain possession of the Facilities.
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21. Access. Each party shall provide access to the Facilities to the other party,
and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day,
seven (7) days a week. City represents and warrants that it has full rights of ingress and
egress to and from the Facilities, and hereby grants such rights to Match Point to the
extent required to maintain, and operate Match Point's program within the Facilities.
Match Point's exercise of such rights shall not cause undue inconvenience to City.
22. Restrictions on Assignment. This License is entered into specifically
with the parties in mind. Therefore, neither party shall assign any or all of its rights
under this License without the prior written consent of the other party, in its sole and
absolute discretion.
23. Notices. All written notices required to be given pursuant to the terms
hereof shall be either (i) personally delivered, (ii) deposited in the United States express
mail or first class mail, registered or certified, return receipt requested, postage prepaid,
(iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that
the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no
later than one business day following such facsimile. All such notices shall be deemed
delivered upon actual receipt (or upon the first attempt at delivery pursuant to the
methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to
accept delivery). All such notices shall be delivered to the following addresses, or to
such other address as the receiving party may from time to time specify by written notice
to the other party:
To Match Point:
Match Point Tennis Academy
7878 E. Portico Terrace
Orange, CA 92867
Attn: Elson T. De Cantuaria, Director
Telephone No.: (714) 724-9407
Fax No.: (714) ******
E-mail:
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To the City:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attn: Clerk of the City Council
Telephone No.: (714) 647-6520
Fax No.: (714) 647-6956
With a copy to:
Office of the City Attorney
20 Civic Center Plaza
Santa Ana, California 92701
Telephone No.: (714) 647-5201
Fax No.: (714) 647-6515
Executive Director of the Recreation & Comm.
Services Agency
City of Santa Ana
888 W. Santa Ana Blvd., Ste. 200
Santa Ana, CA 92702
Telefacsimile (714) 647-6549
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall
be effective or deemed to have been given twenty-four (24) hours after the time set forth
on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
24. Contract Administrator. The Executive Director of the Parks, Recreation
and Community Services Agency, or his/her designee, shall be City's License
Administrator for this Agreement and all approval and notices required to be given herein
shall be so directed and addressed.
25. Incorporation of Recitals and Exhibits. All of the recitals and exhibits
set forth in or attached to this License are by this reference incorporated in and made a
part of this License.
26. Construction. The parties acknowledge that each party and its counsel
have reviewed and revised this License 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 License or any amendments hereto.
27. Governing Law. This License and Operating Agreement shall be
construed and interpreted in accordance with and shall be governed and enforced in all
respects according to the laws of the State of California, without regard to conflicts of
laws principles.
28. Entire Agreement. This License and Operating Agreement contains the
entire understanding of the parties and supersedes any and all other written or oral
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understanding. No alteration of or amendment to this License shall be effective unless
given in writing and signed by the party or parties sought to be charged or bound by the
alteration or amendment.
29. Captions. Any captions or headings to the Sections and subsections in
this License are solely for the convenience of the parties hereto, are not a part of this
License, and shall-not be used for the interpretation or determination of validity of this
License or any provision hereof.
30. Severability. If any one or more of the provisions contained in this
License 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 License shall be construed as if such invalid, illegal, or unenforceable term or
provision had never been contained herein.
31. Further Assurances. Each party shall cooperate with the other and shall
execute such other documents as may be reasonably necessary to carry out the provisions
of this License and Operating Agreement.
32. No Waiver. Any waiver, consent or approval by either party of any
breach, default or event of default of any provision, condition or covenant of this
agreement must be in writing and shall be effective only to the extent set forth in writing.
No waiver of any breach, default or event of default shall be deemed a waiver of any later
breach, default or event of default of the same or any other provision of this License.
Any failure or delay on the part of either party in exercising any power, right or privilege
under this License shall not operate as a waiver thereof, nor shall any single or partial
exercise of any such power, right or privilege preclude any further exercise thereof.
33. Rights and Remedies. No right or remedy conferred by any of the
specific provisions of this agreement is intended to be exclusive of any other right or
remedy given hereunder or hereafter existing at law or in equity. The exercise of any one
or more rights or the election of any one or more remedies by any party shall not
constitute a waiver of the right to exercise other available rights or pursue other available
remedies. In the event suit is brought by either party to enforce the terms and provisions
of this Agreement or to secure the performance hereof, each party shall bear its own
attorney's fees.
34. Non-Recording of this License and Operating Agreement. Neither party
shall record this Agreement.
12
25R-14
DO NOT RECORD
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
executed by and through their authorized officers the day, month and year first written
above.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: Jose Sandoval
Managing Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Gerardo Mouet, Executive Director
Parks, Recreation and
Community Services Agency
CITY OF SANTA ANA
DAVID N. REAM
City Manager
MATCH POINT:
By: ELSON T. DE CANTUARIA
Director
Tax ID #
13
25R-15
DO NOT RECORD
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701; its officers, employees, agents, volunteers and representatives are named as
additional insureds ("additional insureds") with regard to liability and defense of suits
arising from the operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is primary
and is not additional to or contributing with any other insurance carried by or for the
benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
cancelled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy # .
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
14
Authorized Representative
25R-16
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ELSON T. DE CANTUARIA
7878 E Portico Terrace
Orange, CA 92867
Phone: (714)724-9407 E-mail: DeCantu@socal.rr.com
EDUCATION
Hampton University-Hampton, VA.
Graduation date: December 1995.
Major: B.S. in Marketing (Emphasis in Professional Tennis Management)
Business School GPA: 3.85
WORK EXPERIENCE
2007-Current Match Point Tennis Academy-Santa Ana, CA
POSITION: Director of Tennis.
2003-2007 Point Tennis Academy-Anaheim, CA
POSITION: Director of Tennis.
1998-2002 Point Tennis Academy- La Habra, CA
POSITION: Director of Tennis.
1997-96 Robert Lansdorf/Ducasse Tennis Program-Torrance CA
POSITION: Tennis Professional.
1995-94 Hampton University-Hampton, VA
POSITION: Tennis Team Assistant Coach.
1995-94-93(summers) Uirapuru Yatch Club- Uberaba (Brazil).
POSITION: Assistant Manager of the Tennis Deaartment.
1992-1991(summers) Uirapuru Yatch Club-Uberaba (Brazil).
POSITION: Tennis Professional.
AWARDS
• Departmental (Marketing) Award recipient(1996).
• Presidential Award nominee (1996).
• Alpha Mu Alpha Honor Society nominee (1995).
• Three times NCAA Div.II Team Tournament Runner-up (1992-94).
• Tennis Team Most Consistent Player (1993)..
• Tennis Team Most Valuable Player (1992).
• Tennis Team Most Outstanding Freshman (1991).
SPECIAL SKILLS AND ABILITIES
• Ranked #1 Men's 40 player in Southern California in 2007.
• Ranked #1 Men's 35 player in Southern California in 2003.
• Ranked #2 Men's Open player in Southern California in 2000.
~ Multilingual (Portuguese as native language, and knowledge in Spanish).
• Played professional tennis for three years, reaching #891 in the ATP (world) ranking in 1990.
• Played college tennis for four years and was ran}:ed #1 in the Division II National doubles
ranking (spring 1993) and ranked #2 in the Division II National singles ranking (fall 1991).
REl'ERF,NCES Available upon request.
Zs~`h~~t z
12/7/2007
CITY OF SANTA ANA
PAFZKS, RECREATION AND COMMUNITY SF_,RVIC'ES AGENCY
PA:ftK/F,ACI:I:.I`:[`YJFIFI.:D MC?:I~IFICA`I`I®N PROCESS
The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by
groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform
in design with other park facilities. The intent of the proposed modification must take into consideration the
impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public
park services and facilities to the residents of Santa Ana.
The following information and/or process shall appl t~v park, facility or field modification proposed by the
Cit~ganizational group(s) and/or individual(s~:
Modifications shall apply to any proposed installation or removal of capital improvements on any City-
ownedpark, facility or field, such as:
• Sports facilities
o ball fields, soccer fields, sports courts, etc.
o sports lighting
o dugouts
o batting cages
o bleachers
o scoreboards
o concession stands
o press/score boxes
• Play areas
o playground equipment
o playground surfaces
• Passive areas
• Park furniture and signage
o park and regulation signage
o picnic tables, park benches, barbeque braziers, trash receptacles, drinking fountains
• Park landscaping and irrigation systems
2. The process shall also include any offer to provide vol~.uiteer assistance and or request for improvements
in the area of maintenance and/or landscaping to any City-owned park, facility or field, such as:
• Planting or removal of trees, shrubs, ground cover, vines, and flowers
• Maintenance of park landscaping such as:
o edging /trimming
o mowing
o sodding
o sprigging
o top dressing
o weed abatement
o trash clean-up Exhibit 3
25R-19
12/7/2007
User Group(s) Procedure
1) Complete attached Park/Facility/Field Modification Request Form.
2) Submit Request Form to Parks, Recreation and Community Services Agency, Attention:
Administrative Services Division.
3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division
staff.
4) If improvements are minor in nature and do not impact the original master plan of the park,
administrative approval maybe granted to allow the applicant to proceed with work.
5) If applicable, and improvements are extensive, applicant shall provide preliminary plans for
review by the Parks, Recreation and Community Services Agency. Make any corrections to
plans or scope of work as identified by the Parks, Recreation and Community Services Agency.
6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association(s), as
identified by the Parks, Recreation and Community Services Agency.
7) If preliminary plans are approved by the Neighborhood Association(s), an agreement maybe
required between the organization and the City of Santa Ana.
8) Upon Neighborhood Association(s) approval, the plans are taken to the Board of Recreation and
Parks for approval with neighborhood comments and/or terms of agreement.
9) If preliminary plans are denied by the Neighborhood Association(s), applicant may file a formal
appeal with the Board of Parks and Recreation's Open Space Committee.
10) If appeal of the preliminary plans is approved by the Open Space Committee, a recommendation
is taken to the Board of Parks and Recreation for approval.
11) If appeal of the preliminary plans is denied b the Open Space Committee, the applicant may
appeal the decision to the entire Board of Parks and Recreation.
12) If the Board of Parks and Recreation approves the plans, and an agreement is required, which
staff will draft and present to the City Council for approval. If no agreement is required, proceed
to Step 14.
13) If the Board of Parks and Recreation denies the preliminary plans appeal, that decision. is final
and there is no further appeal process that maybe undertaken.
14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement,
if required), applicant shall provide construction plans and specifications to the Parks, Recreation
and Community Services Agency, Administrative Services Division, and the Santa Ana Planning
and Building Agency, if applicable. Applicant shall make corrections to plans and specifications
as identified by the appropriate agency.
15) After plans and specifications have been approved by both the Parks, Recreation and Community
Services Agency and the Planning and Building Agency, apre-construction meeting will be held
with the Parks, Recreation and .Community Services Agency staff to review applicant's proposed
construction schedule to determine any impact on programs or operations at the specified
park/facility/field.
16) The Parks, Recreation and Community Services Agency will notify the organization on when
construction may proceed.
2
25R-20
iai~i2oo~
CITY OF SANTA ANA
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
ParkfF'acilittifField 1~Todification Request Form.
(Please complete one form per project)
Park/Facili /Field
Date Submitted
Group/Individual Requesting
Modification Non-Profit Tax ID No.:
Contact Person Name
Address
Phone Number: Fax Number: E-mail
Certificate of Liability Insurance attached? ^ Yes ^ No Site plan/drawing enclosed? ^ Yes ^ No
Projected Start Date: Projected Completion Date:
Brief description of proposed modification(s):
Brief description of how project will be funded and funding source: _
Impact on park/facility/field during improvement/maintenance:
Applicant Signature
Approved /Denied by ___
Date Received and Filed by Board of Parks and Recreation
Conditions (if any):
Date:
Date:
3
25R-21
DO NOT RECORD
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701; its officers, employees, agents, volunteers and representatives are named as
additional insureds ("additional insureds") with regard to liability and defense of suits
arising from the operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is primary
and is not additional to or contributing with any other insurance carried by or for the
benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which such
person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
cancelled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
Exhibit 4
14
25R-22