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<br />A-2006-318 <br /> <br />INSURANLI:: J:LlLL UN FlcE <br />WORK MAY NOT PROCEED <br />CLER1{ Of ,;OiJNGIL FIRST AMENDMENT TO AGREEMENT BETWEEN <br />OATf.:FEB 0 5 Z007 THECITYOFSANTAANAANDTHEFRIENDSOF <br />D: fJRJ:..Yf (.)) SANTA ANA ZOO FOR THE BENEFIT AND <br />(b f2a~ SUPPORT OF THE S~~A ZOO IN PRENTICE <br /> <br />THIS FIRST AMENDMENT, made and entered into this 4th day of December, 2006, by <br />and between the CITY OF SANTA ANA, a charter city and municipal corporation duly <br />organized and existing under the Constitution and laws of the State of California <br />("CITY") and Friends of Santa Ana Zoo ("FOSAZ"), a California non-profit public <br />benefit corporation, organized for the purpose of supporting the operation, maintenance <br />and expansion of the ZOO through charitable fundraising. CITY and FOSAZ are <br />collectively referred to as the "PARTIES". <br /> <br />RECITALS <br /> <br />A. PARTIES entered into that certain agreement entitled "Agreement between the <br />City of Santa Ana and the Friends of the Santa Ann Zoo for the Benefit and <br />support of the Santa Ana Zoo in Prentice Park on December 3, 2001" (hereinafter <br />referred to as Agreement). <br /> <br />B. The PARTIES seek to amend the Agreement by this First Amendment to: <br /> <br />I. Clarity the Concession Revenue Sharing between FOSAZ and the CITY. <br />2. Allow FOSAZ to rent the Rentable Areas as a concession. <br />3. Provide for the annual review of the Agreement to ascertain whether this <br />agreement should be modified. <br />4. Amend the FOSAZ insurance provisions. <br />5. Clean up the language in the Governing Law section of the agreement. <br /> <br />C. Capitalized words shall have the same meaning as in the Agreement, unless context <br />clearly implies otherwise <br /> <br />NOW THEREFORE, the PARTIES agree as follows: <br /> <br />I. Where the Agreement contains the term "Zoo Director" it shall mean the 'Zoo <br />Manager" <br /> <br />II. Recital C. is hereby amended as follows: <br /> <br />Whereas, FOSAZ was first incorporated in 1982 as Friends of the Childrens' Zoo <br />for the purpose of supporting and funding a children's petting zoo at the Zoo and <br />entered into its first agreement with the CITY for installation of animal food <br />dispensers at the children's zoo. In 1987, the name was changed to Friends of the <br />Santa Ana Zoo (FOSAZ). <br />