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AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC. FOR CARNIVAL EVENT PRODUCTION (FIESTAS 2016) THIS AGREEMENT is made and entered into this 16`" day of August, 2016 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 its annual Fiestas Patrias event on September 10 and 11, 2016 ( "Event') for the enjoyment of its community and residents. B. Promoter represents that Promoter is able and willing to provide carnival event production services to the City for the Event. 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 Event 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. The Event will include set -up prior to the start and clean -up following the conclusion. City grants Promoter the right to enter its property for the purpose of these services, including delivery, set -up, and pick -up. Promoter is responsible for all equipment, clean-up services, security, electricity, carnival rides and games, vendor booths and insurance for the Event. Promoter shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. 2. FEES For the right to produce the Event as set forth in Exhibit A, Promoter agrees to pay the City the sum of 25% of gross ride ticket sales for the Event, provided that the minimum amount due to the City under this Agreement shall be $17,500. Payment to the City shall occur within seven (7) days following Event. 3. TERM This Agreement shall commence on the date first written above and terminate on September 31, 2016, unless terminated earlier in accordance with this Agreement. 4. NON- POSSESSORY INTEREST City retains full possession of the its property and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by Exhibit 3 25d -31