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*UHAWCt 11- A-2005-014-01 <br />WORK MAY PWO <br />UNTiL!w�n <br />a, tl-o�D <br />GLtRe, Ur GUUNCIL <br />DATE..4-M-DIONON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS <br />THIS AGREEMENT, made and entered into this day of ri 2006 by <br />(C.4�lntemational Promotions, Inc., dba Fiesta de Carnival (hereinafter "Operator"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />On November 1, 2004, the City issued a Request For Proposals for carnival operators to provide <br />carnivals at specified City owned parks. <br />Operator submitted a proposal to provide carnival services. <br />Operator represents that Operator is able and willing to provide carnival services as specified in the <br />Request For Proposals to the City. <br />In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in <br />its field and that any services performed by Operator under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional carnival <br />operator in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises set forth <br />herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. PREMISES AND USE <br />(A) The City of Santa Ana owns the following community parks ("Parks") within its <br />boundaries: Cesar Chavez/Campesino Park, located at 3311 W. 5`h St., Santa Ana; Jerome Park, <br />located at 2115 W. McFadden Ave., Santa Ana; and Madison Park, located at 1528 S. Standard, <br />Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to <br />encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the <br />renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the <br />purpose of providing carnivals ("Carnival Event") and for no other purpose. Operator shall <br />provide one (1) Carnival Event at Jerome Park, one (1) Carnival Event at Cesar <br />Chavez/Campesino Park and two (2) Carnival Events at Madison Park during the term of this <br />Agreement on dates approved by the Executive Director of Parks, Recreation and Community <br />Services Agency as set forth in Section 3 hereof. <br />(B) The right and permission of Operator is subordinate to the prior and paramount right <br />of the City to use the City owned Parks described herein above in their entirety for public <br />purposes to which they presently are and may, at the option of the City, be devoted. Operator <br />agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere <br />with the full use and enjoyment of the Parks by the City, its residents and guests. <br />