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INSURANCE U rjN FILE WORK MAY TT CLERK OF �rli nATE'.3„ A-2009-017 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS 0 THIS AGREEMENT, made and entered into this 2nd day of February, 2009 by "O" Entertainment, Inc., (hereinafter "Operator"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). O 1 RECITALS N On December 12, 2008, the City issued Request for Proposals, No. 08-078 -PRCSA, seeking 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 to the City as specified in the Request for Proposals No. 08-078 -PRCSA and any addendums thereto. 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: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ("Parks") 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 renderings of the Park attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Operator shall provide two (2) carnivals ("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 Park described herein above in its entirety for public purposes to which it presently is 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 Park by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Park 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 Area within the Park shall be limited solely to the permission for such use and occupancy granted herein.