32nd DISTRICT AGRICULTURAL ASSOC. 07 - 2004

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FORMF-:n REVIEWEDM- APPRO~ N-2004-011 AGREEMENT NO. R.()47.()4 DATE December 2:1., 2003 RENTAL AGREEMENT FAIRTIME INTERlM x COpy THIS AGREEMENT by and between the 32"" District Agricultural Association hereinafter called the Association, and cm OF SANTA ANA hereinafter, called the Rentnr WITNESSETH: 1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the Association to use Association premises: January :I., 2004 and ending on December 3:1., 2004 . 2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set forth, subject to the terms and conditions of this agreement: Parking Lot "H" 3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever: OIIIcer Training 4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner ser forth below: Please S88 Exhibits "A" "B" "C' and "E" which are Incorporated and made part of the Rental Agreement. 5. Association shall have the right to audit and monitor any and all sales as well as access to the premises. 6. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees from any and all claims, causes of action and suits accruing or resulting trom any damages, injury or loss to any person or persons, including all persons to whom the Rentor may be liable under any Workers' Compensation law and Rentor himself and from any loss, damage, cause of action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any way connected with the exercise by Rentor of the privileges herein granted. 7. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor or his employees hereunder. . 8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise disposed of without the written consent of Association. 9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto. 10. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual consent in writing of the parties hereto. . 11. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the space in any manner deemed for the best interest of Association. 12. Special Provisions: The Event Services handbook does hereby become a part of this Rental Agreement by reference and Is on file with the Association. By signing the Agreement, Renter acknowledges that they have read the Event Services handbook and agrees to abide by said Rules and Regulations. 13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if required) by the Department of Food and Agriculture and Department of General Services. IN WITNESS WHEREOF, This agreement has been executed in quadrUplicate, by and on behalf of the parties hereto, the day and year first above written. City of Santa Ana 20 Civic Center Plaza, M-23 Santa Ana, CA 92702 32"" District Agricultural Association 88 Fair Drive Costa Mesa, CA 92626 By Title By Title Becky Bailey-Findley, General Manager By Title APPROVED AB TO FORM: By Title By Title