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<br />FUNDING AGREEMENT <br />FOR THE DEVELOPMENT OF THE <br />TIERRA DE LAS PAMPAS EXHIBIT <br />AT THE SANTA ANA ZOO AT PRENTICE PARK <br /> <br />This Funding Agreement (the "Agreement"), made and entered into 6th day of <br />October 2008, by and between the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the Constitution and laws of the state of <br />California, (the "CITY"), and the Friends of the Santa Ana Zoo, a California nonprofit <br />corporation, (the "FRIENDS"). <br /> <br />RECITALS <br /> <br />WHEREAS, the FRIENDS, a California non-profit organization, is generating <br />support revenues and donations for the CITY to operate and develop the Santa Ana Zoo at <br />Prentice Park; and <br /> <br />WHEREAS, CITY and FRIENDS desire to develop the "Tierra de las Pampas" <br />grasslands exhibit (hereinafter "the Project") at the Zoo; and <br /> <br />WHEREAS, the FRIENDS desire to provide certain funding for the Project, a <br />portion of which is grant funding; and <br /> <br />WHEREAS, CITY will also provide certain funding and will oversee and manage <br />the design and inspection to ensure that the Project complements the Santa Ana Zoo master <br />plan and meets all governmental codes and requirements. <br /> <br />NOW, THEREFORE, in consideration of mutual promises, covenants and <br />agreements herein set forth, the parties do hereby agree as follows: <br /> <br />I. Scope of Agreement <br /> <br />The purpose of this Agreement is to provide for the funding of the Tierra de las <br />Pampas exhibit within the Santa Ana Zoo at Prentice Park (the "Project"). The <br />FRIENDS have raised funds in grants and contributions of which $243,937.00 <br />remains to be contributed to the CITY for the design and construction of the Project <br />(the "Friends Funds"). The Weingart Foundation has pledged an additional $200,000 <br />to the FRIENDS which funds have been designated for the Project upon completion <br />of conditions. <br /> <br />2. CITY Duties <br /> <br />A. CITY shall prepare plans and specifications for the design, and installation of the <br />Project. Said plans and specifications shall be in conformity with all applicable <br />federal, state and local laws and regulations. <br /> <br />B. CITY shall manage the solicitation and selection of project proposals from <br />qualified firms and contractors for all work necessary to the design and/or installation <br /> <br />25L-3 <br />