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<br />Page 16 of 19 <br /> <br />shall be proportionate to the amount of time the Zoo was closed. For example, <br />if the Zoo is closed for three months, then 25% of the fee shall be waived. <br />ii. On or before December 31 of each year, FOSAZ shall remit the sum of forty <br />thousand dollars ($40,000) to the City to be used towards the salary of a full- <br />time educational position. These funds shall be deposited into a City revenue <br />account with the City General Fund. The Parties agree to waive a portion of <br />this contribution from FOSAZ, in the event that there is a closure of the Zoo <br />due to COVID-19 health orders, mandate, or guidance from the State, County <br />or City. The funds waived shall be proportionate to the amount of time the Zoo <br />was closed. For example, if the Zoo is closed for three months, then 25% of <br />the fee shall be waived. <br />iii. In addition to the funds provided in (i) and (ii) above (which shall not be <br />deducted from gross revenues when calculating net revenue), on the 15 th day <br />of each quarter of the calendar year beginning on April 15, FOSAZ shall remit <br />to the City ten percent (10%) of all net concession revenues from the Gift Shop, <br />Ride Concessions, Facility Rental Areas (discussed in section 3.H. below), and <br />any other approved FOSAZ concessions received (discussed in 3.D. above) in <br />the preceding quarter. <br />iv. City shall deposit concession revenue into a City revenue account with the City <br />General Fund to be used by the City for Zoo capital and operating expenses <br />including, but not limited to, improvement projects, educational opportunities, <br />staff development, and/or purchase of animals, as determined by the City. <br />v. Quarterly, FOSAZ shall remit ten percent (10%) of the net proceeds of all <br />membership sales to City. These funds shall be deposited by City into a <br />revenue account with the City General Fund to be used by the City exclusively <br />for Zoo capital and operating expenses including, but not limited to, <br />improvement projects, educational opportunities, staff development, and/or <br />purchase of animals, as reasonably determined by the City. <br />vi. In the event that, the Santa Ana Zoo is closed during part of this Agreement <br />due to COVID-19 health orders, mandate, or guidance from the State, County <br />or City, the Parties waive the 10% payment of all net concessions for the time <br />period that the Zoo is closed due to the order(s) or guidance. The City shall <br />provide written notice of when said Closure began and ended to document and <br />assess the waiving of the aforementioned payment(s) during any required time <br />period for which the Zoo was closed pursuant to State, County, or City orders, <br />mandate, or guidance. <br /> <br /> <br /> <br /> <br />Exhibit 1