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u,A-2011-046 SECOND AMENDMENT TO AGREEMENT (� TO PROVIDE CARNIVALS AT CITY PARKS THIS SECOND AMENDMENT TO AGREEMENT is entered into on March 7, 2011, by and between °"O" Entertainment, a California corporation (`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 c� California (`City"). RECITALS: A. The parties entered into that certain Agreement A-2009-017, dated February 2, 2009, (hereinafter y ,said Agreement") by which Operator has conducted carnivals at City parks. B. By Amendment A-2009-017-001, dated March 1, 2010, the parties agreed to extend the term to provide certain carnival operations during the 2010 calendar year. C. In accordance with the terms and conditions of said Agreement, the parties wish to renew the Agreement for an additional one-year period, to allow Operator to conduct certain carnivals during the 2011 calendar year. 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 Agreement, the parties agree as follows: 1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates and fees for the 2011 carnivals as follows: Park/Carnival Date I License Fee I Maximum Size/Scale of Event Jerome Park $8,750 Up to 16 carnival rides, 12 game booths, 20 food March 1 1-13, 2001 or information booths*. No live entertainment. Jerome Park $7,000 Up to 16 carnival rides, 12 game booths, 20 food August 12-44, 2011 or information booths*. No live entertainment. $15,250 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the REP. Additionally, failure to pay the cleanup/damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the REP. 2. Exhibit B, Item 35, shall be amended to read, in full, as follows: "COMMUNITY OUTREACH BOOTHS — Vendor agrees to provide the City with a booth for community marketing and outreach. This booth will be in addition to the 20 booths described in