25D - AGMT - FOSAZ SUPPORT AT ZOO

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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE FRIENDS OF SANTA ANA ZOO FOR THE BENEFIT AND SUPPORT OF THE SANTA ANA ZOO AT PRENTICE PARK THIS AGREEMENT is made and entered into on this I" day of March, 2016, by and between the City of Santa Ana, a charter city and municipal corporation drily organized and existing under the constitution and laws of the state of California ( "City "), and Friends of Santa Ana Zoo, a California non -profit public benefit corporation, organized for the purpose of supporting the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park through charitable fmld- raising ( "FOSAZ "). RECITALS A. City owns and operates for the public benefit the Santa Ana Zoo at Prentice Park ( "Zoo "), which is under management and control of the Parks, Recreation and Community Services Agency ( "Agency"). B. FOSAZ was first incorporated in 1982 as Friends of the Children's Zoo for the purpose of supporting and funding a children's petting zoo at the Zoo, and entered into its first agreement with the City for installation of animal food dispensers at the children's zoo. In 1987, the name was changed to Friends of Santa Ana Zoo. C. For over thirty years, the City and FOSAZ (collectively, the "Parties "), have cooperated to develop the Zoo, including the development of new animal habitats, coordination of volunteer services, concession management, and fundraising. D. Cooperation and support by FOSAZ remain ongoing and the Parties now desire to enter into an updated agreement that builds upon the Parties' historical relationship and reflects the present collaborative arrangements between them in support of the Zoo. THEREFORE, the Parties agree as follows; 1. DUTIES AND RESPONSIBILITIES OF CITY A. Ownership and Operation of the Zoo City owns the Zoo property and all exhibits, support facilities, infrastructure, and animals contained within Prentice Park, including exhibits, support facilities, infrastructure, and animals previously purchased by or funded at FOSAZ expense. FOSAZ retains ownership of FOSAZ office building, property and equipment contained within the office, the "Zoofari" train ride, carousel ride, and other subsequently acquired assets as may be agreed by the Parties. In the event of the dissolution of FOSAZ, any and all assets of FOSAZ shall be used to discharge any liabilities and debts of FOSAZ. The balance of such assets, if any, becomes the property of City to be used exclusively for the benefit of the Zoo. In the event that the Page 1 of 11 25D -3