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so W'E Nd1 ON FILE IiPROGEED A-2009-016-001 WORKMAYooD CIL � _ CLERK a� )O , � nnTE. /FIRST AMENDMENT TO NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AMENDMENT is entered into this 1 st day of March, 2010, by between Fiesta De Carnival (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"). RECITALS: A. The parties entered into Agreement A_2009-16, (the "Agreement") by which Operator has conducted carnivals in City parks. B. In accordance with the terms and conditions of the Agreement, the parties wish to renew the Agreement for a one-year period and to revise the Scope of Services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Recreation Services Agreement, the parties agree as follows: 1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates and fees for the 2010 carnivals as follows: 2. Section 5, TERM shall be amended to extend the term through December 31, 2010. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Recreation Services Agreement on the date and year first written above. [Signature Continued on Next Page] Park Date Revenue 1 Cesar Chavez/Cam esino Aril 16-18 $4,500 2 Madison May 28-31 $8,750 3 Rosita June 11-13 $4,500 4 Delhi Jul 2-5 $4,500 5 El Salvador August 20-22 $4,500 6 Madison September 3-6 $7,000 7 Cesar Chavez/Cam esino October 8-10 $4,500 8 Rosita October 22-24 $4,500 Total City Fees $42,750 2. Section 5, TERM shall be amended to extend the term through December 31, 2010. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Recreation Services Agreement on the date and year first written above. [Signature Continued on Next Page]