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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE E FIRES �' CLERK F{�3- DATE: A 01 ?014 A-2014-022 NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this Al day of January, 2014 by "O" Entertainment, Inc., a California corporation (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"). RECITALS A. In 2012, the City issued a Request for Proposals seeking carnival operators to provide carnivals at specified City owned parks. C!1~ B. Promoter submitted a proposal to provide carnival services and has provided such services to the City since 2012 in a competent manner. CJ C. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals from 2012 and any addendums thereto. D. In undertaking the ;performance of this Agreement, Promoter represents' that it is knowledgeable in its field 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 operator in the field. 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 park ("Park") within its boundaries: Jerome Park, located at 726 S. Center 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 Park ("Carnival Areas") delineated in the renderings of the Park attached hereto and collectively referenced as Exhibit "A", for the purpose of providing carnivals and for no other purpose. Promoter shall provide a carnival ("Carnival Event") at such 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 Park 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 Park by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Park 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 Park 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 Promoter's Responsibilities 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 Exhibit B shall be deemed a breach of this Agreement