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1 INSURANCE ON FILE WORT( MAY PROCEED UNTIL INS//URAN E EXPIRES —i`-S //, 1t7(% CLERK OF COU Id/ CII. --- DATE: y AMENDMENT TO AGREEMENT A-2004-052 THIS AMENDMENT, made and entered into this T `h day of March 2004, by and between "O Entertainment" and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into that certain agreement entitled "NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS" dated March 17, 2003, hereinafter referred to as "said Agreement", to provide carnivals within certain parks within the City. B. The Parties hereto now desire to amend the Term, Premises and Use and Scope of Service and Fees of said Agreement in order to in order to provide continuous uninterrupted service under the Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 1, of said Agreement, pertaining to "Premises and Use " term is hereby amended to include Madison Park, Cezar Chavez Park, Rosita Park and El Salvador Park in the City of Santa Ana. 2. Section 2, of said Agreement, pertaining to "Scope of Service " is hereby amended to include Exhibit C to said Agreement attached hereto and incorporated herein by reference. 3. Section 3 of said Agreement, pertaining to "Fees" of said Agreement is hereby amended to substitute the fee and schedule listed on the original contract with the fee and schedule set forth March 19-21 Delhi Park $3,500.00 April 2-4 Cezar Chavez Park $3,500.00 July 2-4 El Salvador Park $3,500.00 August 20-22 Jerome Park $6,500.00 Sept. 3 - 6 Madison Park $6,500.00 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY O T N DAVID N. AM City Manager (Signatures Continued)