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INSURANCE ON FILE WOW( MAY PROCEED A-2005-015-02 UNTIL INSURANCE EXPIRES • 5-a5-o8 UMOF�COIJNCIL DATE: 7-6-0? OTRCS(2) NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS CC• "lhor"pkm� THIS AGREEMENT, made and entered into this day of 2007 by O Entertainment, Inc., (hereinafter "Operator"), and the City of Santa Ana, charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On November 1, 2004, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services Operator represents that Operator is able and willing to provide carnival services as specified in the Request For Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: PREMISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: Jerome Park, located at 2115 W. McFadden Ave., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit "A", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide one (1) Carnival Event at Jerome Park during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein.