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FUNDING AGREEMENT <br />FOR THE DEVELOPMENT OF A NEW OCELOT EXHIBIT <br />AT THE SANTA ANA ZOO AT PRENTICE PARK <br />This Funding Agreement (the "Agreement ") made and entered into this _day of July <br />2013, by and between the City of Santa Ana, a charter City and municipal corporation duly <br />organized and existing under the Constitution and laws of the state of California (the "City "), and <br />the Friends of the Santa Ana Zoo, a California non -profit corporation (the "FOSAZ "). <br />RECITALS <br />A. The FOSAZ, a California non -profit organization, is generating support revenue and <br />donations for the City to operate and develop the Santa Ana Zoo at Prentice Park ( "Zoo "). <br />B. City and FOSAZ desire to develop a new ocelot exhibit (hereafter "the Project ") at <br />the Zoo. <br />C. The City will enter into a separate professional services agreement with an <br />architectural consultant to prepare construction plans and specifications ( "Contract Documents ") <br />D. The City will facilitate and oversee the process to refine the conceptual plans, <br />undergo design development and prepare the Contract Documents for the Project, manage the <br />bidding process, construct and inspect the Project to ensure that the Project is built per the <br />Contract Documents and meets all governmental codes and requirements. <br />E. The FOSAZ will provide funding for the Project and solicit further in -kind donations <br />of materials and labor for ancillary elements which complement the project. <br />NOW, THEREFORE, in consideration of mutual promises, covenants and agreements <br />herein set forth, the parties do hereby agree as follows: <br />1, Scope of Agreement <br />The purpose of this Agreement is to provide for funding of the ocelot exhibit at the Santa <br />Ana Zoo at Prentice Park (the "Project "). The FOSAZ have raised funds in grants and <br />contributions in the amount of Three Hundred Fifty Thousand Dollars ($350,000) which <br />will be contributed to the City for design and construction of the Project (the "Friends <br />Funds "). <br />2. City Duties <br />A. City shall take the lead to prepare plans and specifications for the design and <br />installation of the Project. City Zoo staff shall provide guidance and input pertaining to <br />the design, plans, specifications and installation of improvements of the exhibit. Said <br />plans and specifications shall be in conformity with all applicable federal, state and local <br />laws and regulations. <br />EXHIBIT 2 <br />20A -5 <br />