ACOSTA ASSOCIATES 1 - 2003 - Laserfiche WebLink

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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL A- 2003 -083 D�ITE: NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PAR i9 d? THIS AGREEMENT, made and entered into this /7 day of MOrCh 12003 by :iforma Corporation (hereinafter "Operator"), and the City of Santa Ana, mumcrpal corporation organized and existing under the Constitution and laws X) ' V of the State of California (hereinafter "City "). RECITALS A. On December 11, 2002, the City issues a request for proposals for a carnival operator to provide carnivals at City owned parks. B. Operator submitted a proposal to provide services. C. Operator represents that Operator is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE The City of Santa Ana owns the real properties at 1528 N. Standard Avenue also known as "Madison Park ", 2302 S. Raitt Street also known as "Adams Park ", and at 1825 W. Civic Center Drive also known as "El Salvador Park ", all located in the City of Santa Ana, California. City hereby grants to the Operator a non - exclusive, revocable user agreement to encroach upon the area herein described, for the purpose of providing carnivals and for no other purpose. Operator shall provide one carnival at each location on dates approved by the Executive Director of Parks, Recreation and Community Services Agency. 2. SCOPE OF SERVICES Operator shall provide at each of the parks included a full service carnival complete with the rides, equipment and services as set forth in Exhibit A and Exhibit B (Promoters Additional Responsibilities) to this Agreement.