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AGREEMENT BETWEEN THE <br />CITY OF SANTA ANA AND THE <br />t FRIENDS OF THE SANTA ANA ZOO FOR <br />THE ACQUISITION, INSTALLATION AND <br />OPERATION OF A TRAIN RIDE AT THE SANTA ANA ZOO <br />This Agreement, made and entered into this6V,- day of 1999, by and <br />between the City of Santa Ana, a charter city and municipal corporation duly organized and <br />existing under the Constitution and laws of the state of California ("CITY"), and the Friends of <br />the Santa Ana Zoo, a California non-profit corporation ("FOSAZ"). <br />WITNESSETH <br />WHEREAS, the FOSAZ, a California non-profit organization is generating support, <br />revenues and donations for the CITY, to operate and develop the Santa Ana Zoo, and <br />WHEREAS, the CITY and the FOSAZ are interested in acquiring and operating a <br />children's train ride in the Santa Ana Zoo, and, <br />WHEREAS, the FOSAZ are interested in executing the contract to acquire, install, <br />operate, and maintain the train ride, and, <br />WHEREAS, the CITY agrees to pay for transportation and installation of the train ride in <br />the Santa Ana Zoo. <br />NOW, THEREFORE, in consideration of the mutual promises, covenants and <br />agreements herein set forth, the parties do hereby agree as follows: <br />1. SCOPE OF SERVICES <br />CITY shall: <br />A. Approve the operation of a train concession at the Santa Ana Zoo. <br />B. Pay for the dismantling of the train at its current location, as well as transportation <br />and installation of the train, passenger cars and tracks at the Santa Ana Zoo. <br />C. Assist the Friends of the Santa Aria Zoo in providing a layout or plans on the <br />location of the train ride and tracks to minimize any impact to the Zoo Master <br />Plan. <br />D. Perforna quarterly inspection of train operation with FOSAZ designated safety <br />person, <br />FOSAZ shall: <br />A, Negotiate acquisition of a train, passenger cars and tracks to be installed at the <br />Santa Ana Zoo. <br />B. Execute all contractual agreements and pay for all costs associated with the <br />acquisition of the train and tracks. <br />ZooTrain. Agr. <br />8114198 <br />Page 1 qf 5 <br />