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A-2094-060 UN f{wir'al]FdyN�i �� flN� `�� )4- uuwwa. Lt -1"d AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC. FOR EVENT PRODUCTION THIS AGREEMENT,, made and entered into this 15`x' day of April, 2014 by and between Christiansen Amusements, 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. The City will be hosting two annual events, Cinco de Mayo and Fiestas Patrias, for the enjoyment of its community and residents. B. Promoter represents that Promoter is able and willing to provide event production services to the City for these two events. C. 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. SCOPE OF SERVICES Promoter shall provide event production for the Cinco de Mayo festival on May 2- May 4, 2014, and the Fiestas Patrias event on September 12-14, 2014, ("Events") complete with the rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit A, attached hereto and incorporated herein. Hours for the. Events shall be: Friday 5 PM -'11 PM, Saturday 12 PM - 12 AM, and Sunday 12 PM -10 PM. All mechanical carnival rides must be State Division of Occupational Safety and Health (DOSH) Certified. 2. FEES/DEPOSITS/PERMITS/LICENSES Promoter agrees to pay the City and City agrees to accept from Promoter a guaranteed fee of Forty Two Thousand Dollars ($42,000.00) per event for providing Promoter with the right to produce the Events as set forth in Exhibit A. Total payment to the City from Promoter shall be Eighty Four Thousand Dollars ($84,000.00) 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within Exhibit A, the security deposit, or any remaining portion thereof, shall be returned within 60 days of the final Event.