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A-2005-017 THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this 2nd day of February, 2005 by and between KaBOOM! and the City of Santa Ana. 1. RECITALS WHEREAS, KaBOOM! is a non-profit organization chartered in the District of Columbia and organized as a 501(c) 3 by determination of the Internal Revenue Service; WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community -building playground for its Community and Funding Partners, culminating in a one -day installation event known as a "Build Day"; WHEREAS City of Santa Ana is entering into a written agreement with KaBOOMI for services to develop, manage, coordinate and carry out a community -build playground event ("Program"); WHEREAS KaBOOM! has received charitable support from THE HOME DEPOT ("Funding Partner") for this Program and has entered into a separate agreement with the Funding Partner, the result of which are financial and human resources for this Program; NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter expressed, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 2. AGREEMENTS 1. OBLIGATIONS OF CITY OF SANTA ANA 1.1. City of Santa Ana agrees to be the Community Partner organization ("Community Partner") for the The Home Depot playground project at Santa Anita Park, 300 S. Figueroa St., Santa Ana, CA 92703. 1.2. City of Santa Ana agrees to be responsive to the discreet timeline developed for the Program, inclusive of providing approval of, action toward or direction to, specific responsibilities and initiatives of KaBOOMI on behalf of this Program. 1.3. As a Community Partner for a KaBOOM! community -build playground project, City of Santa Ana will work with KaBOOM!, The Home Depot, and community residents to design, plan and build a community playground. All parties will work closely together to ensure a successful, productive, and fun event. 1.3.1. The Community Partner agrees host a KaBOOM!-facilitated Design Day with at least 10 adults and 20 children. The adults will remain engaged in planning activities throughout the Design Day to Build Day planning process. 1.3.2. The Community Partner agrees to recruit and secure at least 10-15 adult volunteers for preparation activities two to three days prior to Build Day playground installation. 1.3.3. The Community Partner agrees to recruit and secure at least 50-100 adult volunteers for the Build Day playground installation. 1.3.4. The Community Partner agrees to be responsible for preparing the site for the installation of the new playground, at least two weeks before Build Day, which includes but is not limited to removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests. 1.3.5. The Community Partner agrees to provide certain provisions for use by volunteers working on the construction project, including but not limited to food (breakfast snacks, lunch and mid -day snacks), water and restroom facilities. 1.4. In support of this project, City of Santa Ana is responsible for contributing $10,000 to the playground project. 1.4.1. All funds will be applied directly toward purchasing playground equipment.. 1.4.2. Upon receipt of this signed agreement, KaBOOM! will invoice City of Santa Ana for the full amount of this contribution, and it will be due at least 30 days before the Build Day April T^, 2005.