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N-2020-038 <br />CL'c:RK U COUN; !' <br />OTC- <br />� Y CS N5,11i N CVQ4 aJ dJ AGREEMENT WITH THE FLORAL PARK NEIGHBORHOOD ASSOCIATION <br />FtB N tio�. <br />FOR IMPROVEMENTS TO SARAH MAY DOWNIE PARK <br />THIS AGREEMENT is entered into this 14" day of January, 2020 by the Floral Park Neighborhood <br />Association ("FPNA") a California Public Benefit Corporation and the City of Santa Ana, a Charter City and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />("City")(also referred to collectively as the "Parties.") <br />RECITALS <br />A. FPNA is a neighborhood association and a California Public Benefit Corporation made up of <br />homeowners in the Floral Park area of the City of Santa Ana. From time to time, FPNA has events <br />and does beautification projects for the Floral Park Neighborhood located in the City. <br />B. FPNA would like to organize volunteers and donate a 2 foot by 10-foot concrete wall to be built <br />at Sarah May Downie Park ("Park') to designate an area of the park as a butterfly garden. and <br />plant additional landscaping at the Park. <br />C. City acknowledges the public benefit of this volunteer effort and donations to the Park and this <br />Agreement sets forth the Parties Agreement as to their respective roles. <br />The Parties therefore agree as follows: <br />1. FPNA Obligations <br />FPNA agrees to the following: <br />A. FPNA will pay for all costs to build a 2 foot by 10-foot concrete wall at Park in a location <br />set forth in the attached Exhibit A and approved prior to building by City. <br />B. The wall built by contractor will match in material and design the concrete wall already <br />built at the Park as set forth in the attached Exhibit B. <br />C. The wall will be built to City Building and Planning Department building specifications. <br />D. FPNA will plant butterfly friendly landscaping in the "butterfly garden" created bythe new <br />wall at Park subject to City's approval of planting material and location of plants within <br />the Park. <br />E. FPNA will pay all costs associated with the planting material that it plants in the butterfly <br />garden pursuant to this Agreement. <br />F. FPNA will have all employees, agents, or volunteers working in the Park pursuant to this <br />Agreement sign a waiver of liability and will provide copies of such waivers to the City <br />Parks, Recreation and Community Services Director. The waivers shall be in the format <br />as the attached Exhibit C. <br />2. City Obligations <br />City agrees to the following: <br />A. City will inspect the wall once completed; <br />B. City grants FPNA access to the Park for the purposes of planting plants at the Park under <br />the terms and as specified in this Agreement; <br />C. Once built, the City will own and maintain the wall; <br />#23649v5 <br />