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INSURANCE NOT ON FILE <br />WORK MAY MT PROCEED <br />CLERK OF COUNCIL <br />DATE �_� (/ AGREEMENT WITH CHRISTIANSEN AMUSEMENTS, INC. <br />FOR CARNIVAL EVENT PRODUCTION (FIESTAS 2016) <br />THIS AGREEMENT is made and entered into this 16'h day of August, 2016 by and <br />between Christiansen Amusements, Inc., a California corporation (hereinafter "Promoter"), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City will be hosting its annual Fiestas Parnas event on September 10 and 11, 2016 <br />("Event") for the enjoyment of its community and residents. <br />B. Promoter represents that Promoter is able and willing to provide carnival event <br />production services to the City for the Event. <br />C. In undertaking the performance of this Agreement, Promoter represents that it is <br />knowledgeable in its field and that any services performed by Promoter under this Agreement will be <br />performed in compliance with such standards as may reasonably be expected from a professional <br />carnival operator in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, <br />and subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Promoter shall provide event production for the Event complete with the rides, games, <br />ticket booths and sellers, food concessions, equipment and services as set forth in detail in Exhibit <br />A, attached hereto and incorporated herein. The Event will include set-up prior to the start and <br />clean-up following the conclusion. City grants Promoter the right to enter its property for the <br />purpose of these services, including delivery, set-up, and pick-up. <br />Promoter is responsible for all equipment, clean-up services, security, electricity, carnival <br />rides and games, vendor booths and insurance for the Event. Promoter shall comply with, <br />coordinate, and obtain all approvals and certifications that are required by the Amusement Ride <br />and Tramway Unit of the California Department of Industrial Relations or other government <br />agencies responsible for amusement ride oversight. <br />2. FEES <br />For the right to produce the Event as set forth in Exhibit A, Promoter agrees to pay the <br />City the sum of 25% of gross ride ticket sales for the Event, provided that the minimum amount <br />due to the City under this Agreement shall be $17,500. Payment to the City shall occur within <br />seven (7) days following Event. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />September 31, 2016, unless ternvrtat'ed earlier in accordance with this Agreement. <br />4. NON -POSSESSORY INTEREST <br />City retains full possession of the its property and Promoter will not acquire any interest <br />temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by <br />E <br />