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<br />. 'INSI1R)\.NCE ~~OT ON FILE <br />WORK MAY NOlPROCEED <br />CLERK OF COUNCIL <br />DATE: 1f~5-D4 <br /> <br />t. ,f't£.; JÎl\A.. .:nns USE AGREEMENT ("Agreement"), made and entered into this Jk'- day of <br />(}- jlll\.Q.IIb I~, 2004 by and between YMCA of Orange County, a California non-profit <br />corporation (hereinafter "YMCA"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br /> <br />RECITALS <br /> <br />2. <br />3. <br /> <br />N-2004-029 <br /> <br />USE AGREEMENT <br /> <br />1. <br /> <br />City is the owner of Santiago Park (hereinafter "Park") located in Santa Ana, <br />California. <br />YMCA desires to use said Park to conduct a summer day camp program. <br />City desires to allow such use of the Park without liability to City for the YMCA <br />operations conducted at the Park. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />FACILITIES USE <br /> <br />YMCA shall have access to and use of the Park's Day Camp area facilities for the sole <br />purpose of conducting its Day Camp Program ("Program") from June 21, 2004 through and <br />including August 16, 2004. Said Program shall operate between the hours of 6:30 a.m. and 6:30 <br />p.m., Monday through Friday. YMCA shall complete all Program activities in the Park on or <br />before August 16,2004 at 6:30 p.m., at which time YMCA's access right shall expire. <br /> <br />2, <br /> <br />YMCA may conduct periodic overnight activities at the Park with City's prior approval. <br /> <br />YMCA'S OBLIGATIONS <br /> <br />2.1 <br /> <br />2.2 <br /> <br />2.3 <br /> <br />2.4 <br /> <br />3. <br /> <br />YMCA shall have access to the Day Camp area of the Park for the purpose of <br />providing Program activities, as set forth in Exhibit "A", attached hereto and <br />incorporated by reference. <br />YMCA shall clear all areas of the Park used for the Program, of all trash and <br />debris on a daily basis. <br />All supplies and materials used for the Program will be stored in an area to be <br />designated by City. <br />YMCA shall not build a permanent structure on the Park grounds. <br /> <br />CITY'S OBLIGATIONS <br /> <br />3.1 <br /> <br />3.2 <br /> <br />City staff will provide support and assistance in the nature interpretative aspect of <br />the Program. The City naturalist shall develop and present curriculum for this <br />part of the Program. The scheduling of the nature interpretive segment shall be <br />agreed upon by City and YMCA prior to the commencement of the Program. <br />City staff involved in the Program as described in section 3.1, above, shall not by <br />such action be considered employees of the YMCA. The YMCA shall have no <br />