25F - AGMT - NATIVE PLANT NURSERY

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DO NOT RECORD OPERATING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BACK TO NATIVES THIS AGREEMENT ("Agreement") is made and entered into this 21" day of March, 2011, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "City", and Back to Natives Restoration, a California non-profit public benefit corporation, herein referred to as "BTN". RECITALS: A. City owns the real property and facilities located at 600 E. Memory Lane, Santa Ana, California, commonly known as Santiago Park. B. The City desires to retain a consultant having special skill and knowledge in the field of restoration and conservation, to transform the Santiago Park Nursery into a native plant nursery C. BTN is knowledgeable in the field of habitat restoration and preservation through education and restoration programs. D. BTN represents that it is qualified to provide a program to implement and operate a native plant nursery and support restoration activities in the Park and throughout the City. E. In undertaking the performance of this Agreement, BTN represents that it is knowledgeable in this field and that any service performed under this Agreement will be performed in compliance with all required professional standards of conduct and in accordance with the terms and conditions of this Agreement, including all attachments hereto. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1. Use of Facilities. City hereby licenses the use of the Santiago Park Nursery to BTN on all of the terms and conditions set forth in this Operating Agreement. 2. Term. The Term of this Agreement (the "term") shall commence on April 2, 1011, and shall expire on March 31, 2012, if not terminated earlier pursuant to the 25F-3