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NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS <br />THIS AGREEMENT, made and entered into this _ day of January, 2014 by Robert Acosta & <br />Associates (hereinafter "Promoter "), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. In 2012, the City issued a Request for Proposals seeking carnival operators to provide carnivals at <br />specified City owned parks. <br />B. Promoter submitted a proposal to provide carnival services and has provided such services to the <br />City since 2012 in a competent manner. <br />C. Promoter represents that Promoter is able and willing to provide carnival services to the City as <br />specified in the Request for Proposals from 2012 and any addendums thereto. <br />D. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its <br />field and that any services performed by Promoter under this Agreement will be performed in compliance <br />with such standards as may reasonably be expected from a professional carnival operator in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. PREMISES AND USE <br />(A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: <br />Cesar Chavez /Campesino Park, located at 3311 W. 56' St, Santa Ana: Delhi Park, located at , <br />Santa Ana; and Rosita Park, located at Santa Ana. City hereby grants to the Promoter a <br />non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks <br />( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as <br />Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide a <br />carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the <br />Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 <br />hereof. <br />(B) The right and permission of Promoter is subordinate to the prior and paramount right of the <br />City to use the City owned Parks described herein above in its entirety for public purposes to which it <br />presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at <br />all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks <br />by the City, its residents and guests. <br />(C) Promoter hereby acknowledges that title to the Park is vested in the City and agrees never to <br />assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area <br />within the Park shall be limited solely to the permission for such use and occupancy granted herein. <br />(D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the <br />terms, conditions and responsibilities enumerated in the Promoter's Responsibilities, attached hereto as <br />Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terns, <br />conditions and responsibilities enumerated in Exhibit B shall be deemed a breach of this Agreement. <br />20A -47 <br />