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h-iA N SA A INSURANCEIM OR n WORK AWAY HR PROCEED CLERK QEF COUNCIL ®) Ms (Z' DATC:, MPA 2 3 2016 51116�1 ;X Gaya ! e • p ,s r, ,, � w N-2016-007 COMMUNITY PARTNER PLAYGROUND AGREEMENT March 17, 2016 KaBOOMI, Inc. (referred to herein as KaBOOM!) is pleased that Kid Healthy, having legal status as a nonprofit under a Fiscal Sponsorship agreement with OneOC, and the City of Santa Ana (referred to herein as the Community Partners, collectively) have agreed to collaborate with KaBOOMI and the Pacific Life Foundation (referred to herein as the Funding Partner) in the construction of a new playground at Portola Park; 1700 E. Santa Clara Ave., Santa Ana CA. 92705 (the 'Project"), This Community Partner Playground Agreement (this "Agreement"), which sets forth the Community Partners obligations In connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partners. The Community Partners shall work with KaBOOMI and the Funding Partner as well as community residents to design, plan and build the Project. By executing this Agreement, the Community Partners are unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaBOOMI: (a) Fundraising, In support of the Praject, Kid Healthy must contribute $8,500 to KaBOOMI, which will apply the funds directly to the purchase of playground equipment KaBOOMI will invoice Kid Healthy for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Prpject's Build Day (as defined below). The City of Santa Ana must contribute $2,000 to KaBOOM!, which will apply the funds directly to the purchase of engineered wood fiber. This amount must be paid in full at least (30) days prior to the Project's Build Day (as defined below). (b) Proect Site. (1) Ownership. At the time of execution of this Agrearriank the City of Santa Ana shall provide KaBOOM! with proof of land ownership evidenced by either a dead granting fife to the property to the City of Santa Ana or a setter from the property owner showing approval for the Project The City of Santa Ana is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaB00Mi andtorthe Funding Partner. (ii) Permits. Prior to Build Day, the City of Santa Ana shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partners shall ensure that the Project site is safe for volunteers and children. Kid Healthy shall recruit fifteen (15) Mutt volunteers to participate in preparation activities two to three days prior to Build Day, The City of Santa Ana shall: (1) prepare the site for the installation of the Project at least two weeks before Build Day, which includes removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests; (2) conduct up to two (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the first test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaBOOM! project manager who shall supervise the planning and installation of the playground (the "Project Manager'); and (3) educt up to two (2) soil site tests as reasonably requested by KaBOOMI, with the first test being completed on or before Design Day and with all soil check documentation provided to the Project Manager upon completkan. The City of Santa Ana is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers.