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A-2003-048 <br />NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS ATr�CITY <br />/PARKS <br />THIS AGREEMENT, made and entered into this <br />day of ///G i < `( , 2003 by <br />0 Entertainment, a California Corporation (hereinafter "Operator"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"). <br />RECITALS <br />w o <br />—�—' w J <br />A. On December 11, 2002, the City issues a request for proposals for a carnival operator to <br />© C) z <br />provide carnivals at City owned parks. <br />a p <br />�—i <br />ZI C <br />B. Operator submitted a proposal to provide services. <br />w CD <br />z ¢ u.i <br />C. Operator represents that Operator is able and willing to provide such services to the City. <br />C/3 o C-:, <br />D. In undertaking the performance of this Agreement, Operator represents that it is <br />z <br />knowledgeable in its field and that any services performed by Operator under this <br />05' ' <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional carnival operator in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. PREMISES AND USE <br />The City of Santa Ana owns the real properties at 3000 W. Edinger Avenue also known <br />as "Centennial Park" and at 726 S. Center Street also known as "Jerome Park", both <br />located in the City of Santa Ana, California. City hereby grants to the Operator a non- <br />exclusive, revocable user agreement to encroach upon the area herein described, for the <br />purpose of providing carnivals and for no other purpose. Operator shall provide two (2) <br />carnivals at each location on dates approved by the Executive Director of Parks, <br />Recreation and Community Services Agency. <br />2. SCOPE OF SERVICES <br />Operator shall provide at each of the parks included a full service carnival complete with <br />the rides, equipment and services as set forth in Exhibit A and Exhibit B (Promoters <br />Additional Responsibilities) to this Agreement. <br />