BACK TO NATIVES RESTORATION (BTN) -2011

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vl I. ILV INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES IE-cl -ate l l CLERK OF COUNCIL DATE: (0 _1�— k OPERATING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BACK TO NATIVES A- 2011 -073 DO NOT RECORD THIS AGREEMENT ( "Agreement ") is made and entered into this 24th day of May, 2011, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and existing 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 (hereinafter referred to as the "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 (hereinafter the "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. The rights granted herein are limited to the use of the Nursery for the propagation of native plants and educational and restoration activities related thereto. 2. Term. The Term of this Agreement (the "term ") shall commence on May 2, 2011, and shall expire on April 30, 2012, if not terminated earlier pursuant to the terms of this Agreement. This Agreement is subject to four (4) one -year renewals upon the written approval of the City Manager and BTN.