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The City of Santa Ana Parks, Recreation and Community Services Agency Letter of Agreement 2 January 11, 2008 1.3.4. The Community Partner agrees to be responsible for preparing the site for the installation of the new playground, at least two weeks before Build Day, which includes but is not limited to removing existing piayground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests. 1.3.5. The Community Partner agrees to provide certain provisions for use by volunteers working on the construction project, including but not limited to food (breakfast snacks, lunch and mid-day snacks), water and restroom facilities. 1.4. In support of this project, The City of Santa Ana Parks, Recreation and Community Services Agency is responsible for contributing $10,000 to the playground project. 1.4.1. All funds will be applied directly toward purchasing playground equipment. 1.4.2. Upon receipt of this signed agreement, KaBOOM! will invoice The City of Santa Ana Parks, Recreation and Community Services Agency for the full amount of this contribution, and it will be due at least 30 days before the Build Day on March 29, 2008. 1.4.3. If The City of Santa Ana Parks, Recreation and Community Services Agency does not make payment as outlined in Section 1.4.2, KaBOOM! reserves the right, without waiving any other rights and remedies, to cancel the build. 1.4.3.1. In the event ofthe Build Day's cancellation due to non-payment by the Community Partner as outlined in Section 1.4.2, at KaBOOM!'s written request, without waiving any other rights and remedies, The City of Santa Ana Parks, Recreation and Community Services Agency shall be deemed liable for damages to KaBOOM! and Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation, any equipment costs, labor and materials, and any additional expenses related to the Program, such as airfare and general supplies. 1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the project. Upon request, KaBOOM! will provide back-up documentation for The City of Santa Ana Parks, Recreation and Community Services Agency within 120 days after the Build Day. 1.5. The Build Day must occur in calendar year 2008 on Saturday March 29th, 2008. 1.5.1. The Build Day shall not be postponed (defined as delayed, held over or rescheduled) under any circumstances other than for conditions that jeopardize the safety of the volunteers, or for unsafe weather conditions that threaten the structural integrity of the playground. 1.5.1.1. The decision to postpone a Build Day shall be reached through discussion, collaboration and majority agreement by KaBOOM!, the Community Partner and the Funding Partner, each represented by a person authorized by each party. 1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision must be made immediately and solely by KaBOOMI on the construction site in absence of authorized representatives of the Community Partner and the Funding Partner being available. 1.5.1.3. The authorized representatives are defined as those individuals who have signed this Agreement, and the Agreement between KaBOOM! and the Funding Partner, or their designates. 1.5.2. In the event that the Build Date is cancelled or changed solely by The City of Santa Ana Parks, Recreation and Community Services Agency, The City of Santa Ana Parks, Recreation and Community Services Agency shall be deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and any additional expenses related to the Program, such as airfare and general supplies. 1.5.3. In the event of a Build Day postponement, KaBOOM! shall collaborate with the Community Partner and the Funding Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day.