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N-2005-081 " AGREEMENT NO. U05-01 FACILITY USE AGREEMENT This Agreement is made as of this date of July fL, 2005 between LOS ANGELES COUNTY EDUCATION FOUNDATION, a California corporation, (referred to herein as "Foundation") and City of Santa Ana, a public agency (referred to herein as "User"). The Foundation is the owner of Blue Sky Meadow Science Institute (referred to herein as "Facility"), located at 3780 State Highway 38 in the San Bernardino Mountains near Onyx Summit. User agrees to use Facility under the terms and conditions set forth herein. Foundation: User: Mailing Address: Foundation/LACEF 9300 Imperial Hwy, Room 106 Downey, CA 90242-2890 Phone: (562) 940-1602 Fax: (562) 940-1662 Mailing Address: City of Santa Ana - Parks, Recreation & Community Services Agency P. O. Box 1988 - M23 Santa Ana, CA 92702 Phone: (714) 571-4239 Fax: (714) 543-8767 Attn. P. Mitchell Contact person: Jane C. Buck Buck_Jane@lacoe.edu Contact person: Anthony Novella ANovella@ci.santa-ana.ca.us 1. PURPOSE: User shall use Facility for a family weekend with up to 172 participants. 2. GROUP USE PERIOD: User shall occupy the Facility during the period beginning approximately 4:00 p.m. on Friday, July 15, 2005 through approximately 11 :00 a.m. on Sunday, July 17, 2005. All persons affiliated with User Group shall leave the Facility no later than 12:00 noon on Sunday, July 17, 2005. 3. FEES: For the period specified above, User shall pay the following fees: $6,000.00 for total minimum occupancy of up to 100 persons plus $55.00 per person in excess of 100. The total fee for 172 participants shall be $9,960.00. The guaranteed minimum fee is $6,000.00. Contractor understands and agrees that the guaranteed minimum fee of $6,000.00 is due and payable to the Foundation in the event that the actual participant count is less than the minimum occupancy of 100 persons. 4. MAXIMUM NUMBER OF OCCUPANTS: At no time shall the number of persons affiliated with the User Group exceed 172 persons unless a higher number is approved in advance by Foundation or its representatives. 5. PAYMENT OF FEES: This Agreement signed by User's authorized signer must be received by the Foundation no later than July 13, 2005. A non-refundable deposit in the amount of $6,000.00 must be received by the Foundation no later than July 15, 2005. User's Purchase Order sent by facsimile transmission to the Foundation at (562) 940-1662 or check payable to Los Anaeles Countv Education Foundation and delivered to the Foundation's representative at Blue Sky Meadow will be accepted. In the event that a natural disaster, weather conditions, or other similar unforeseen event precludes use of the Facility as scheduled, Foundation and User agree to re-schedule the User group at the earliest opportunity amenable to both parties, and the Foundation will apply the User deposit to the Facility rental, as re-scheduled.