FRIENDS OF THE SANTA ANA ZOO (2)-2001

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`~ , ~# ~ _ ~ . A-2001-243 Y ~ `~'~~~ ~` ~ c ~ 2~ AMENDED AND RESTATED AGREEMENT FOR THE DEVELOPMENT OF THE ~i V1 . CHIL,DREN'S ZOO AT THE SANTA ANA ZOO AT PRENTICE PARK This Amended and Restated Agreement (the "Agreement"), made and entered into 3rd day of December 2001, by and between the City of Santa Ana, a charter city and municipal corporation duly organized. and existing under the Constitution and laws of the state of California, (the "Cit}~'), and the Friends of the Santa Ana Zoo, a California. nonprofit corporation, (the "Friends") is in reference and shall supersede that certain agreement entitled "AGREEMENT BETWEEN CITY OF SANTA ANAAND THE FRIENDS OF THE SANTA ANA ZOO FOR THE DEVELOPMENT OF THE CHILDREN'S ZOO PROJECT" dated Apri13, 2000 (the "Original Agreement"). RECITALS WHEREAS, the City and the Friends entered into the Original Agreement for the purpose of funding and constructing a new Children's Zoo in the Santa Ana Zoo; and WHEREAS, due to evolution in the design, funding and construction process for the project, the parties desire to amend the Original Agreement by entering into this Agreement. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: 1, ~rnTP of ~ .PmPnt The purpose of this Agreement is to provide for the design, financing and construction of a Children's Zoo within the Santa Ana Zoo at Prentice Park (the "Children's Zoo"}. The Friends have raised $2,000,000 in grants and contributions which they wish to contribute to the City for the cost of construction of the Children's Zoo (the "Friend Funds"). $1,700,000 of said funds are the assets of the Friends. The remaining $300,000 is a grant from the Santa Ana Empowerment Zone Corporation designated for the Children's Zoo. A conceptual site plan is attached hereto as Exhibit A, and incorporated herein by this reference. 2, C~,'c nlltiPC A. Plan Review and Approval The Friends have developed plans and specifications for the design, and installation of the Children's Zoo (the "Preliminary Plans"}. The City, through the Executive Director of Parks, Recreation and Community Services (the "Executive Director', shall review the Preliminary Plans and approve, disapprove or conditionally approve them. The Executive Director shall reserve the right to require any revisions to said plans and specifications which he or she determines are necessary, which the Friends shall likewise accept or reject. If the Friends reject any of the revisions requested by the Executive Director, this Agreement shall terminate. Upon agreement between the Executive Director and the Friends on a final specific site plan and specifications for the Children's Zoo, such documents shall be appropriately identified, which shall then be deemed incorporated herein and made a part of this Agreement (the "Approved Plans"). The Approved Plans shall then be placed on file in the Office of the Executive Director, and shall be the basis