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INSURANCE NOT ON FILE WORK MAY k PROCEED CLERK OF COUNCIL DATE W 2 3 2o1B COMMUNITY PARTNER PLAYGROUND AGREEMENT March 17, 2016 N-2016-007 KaB00Ml, Inc. (referred to herein as KaB00M) 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 Pat 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 duty authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Oblioations of the Community Partners. The Community Partners shall work with KaB00Ml 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 KaBDOM!: (a) Fundraising, In support of the Project, Kid Healthy must contribute $8,500 to KaBOOMI, which will apply the funds directly to the purchase of playground equipment. KaBOOMI will invoice K'rd 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 Project's Build Day (as defined below). The City of Santa Ana must contribute $2,000 to KaBOOMI, 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) Protect Site. () Ownership. At the time of execution of this Agreement, the City of Santa Ana shall provide KaBOOMI with proof of land ownership evidenced by either a deed granting title to the property to the City of Santa Ana or a letter 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 KaBOOMI and/or the Funding Partner. (ii) Permits Prior to Build Day, the City of Santa Ana shall obtain or cause to be obtained all necessary perils and licenses regarding the Installation, possession and use of tie playground in compliance with applicable laws and regulations. (iii) Preparation, The Community Partners shat ensure that the Project site is safe for volunteers and children. Kid Heathy shall recruit fifteen (15) adult 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 exstfrg playground equipment, footers and safety surfacing, grading the land, removing fencing and performing sot tests; (2) conduct up to two (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the first test being co npleted on or before Design Day (as defined below) and with at utility check documentation provided upon completion to the KaBOOMI project manager who shat supervise the planning and installation of the playground (the "Project Manager'); and (3) conduct up to two (2) sot 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 completion. Tice City of Santa Ana is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for chtdren and volunteers.