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.... . ,e it ^k� A-2012-023 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 6`' day of February, 2011 by Robert Acosta & Associates (hereinafter "Promoter"), 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"). f, RECITALS y On December 7, 2011, the City issued Request for Proposals, No. 11-068 -PRCSA, seeking carnival Promoters to provide carnivals at specified City owned parks. (`_ Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 11-068 -PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field y and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival Promoter in the field. `y 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: Rosita Park, located at 706 N. Newhope, Santa Ana; Cesar Chavez / Campesino Park, located at 3311 W. 5d' St, Santa Ana; and Delhi Park, located at 2314 S. Halladay St., Santa Ana. City hereby grants to the Promoter a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ("Carnival Areas") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ("Carnival Event") at each location 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 Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter 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 Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 11-068 -PRCSA, issue date December 7, 2011 , and Addendum No. 1 thereto (hereinafter, collectively "RFP") attached hereto as Exhibit `B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP.