FRIENDS OF THE SANTA ANA ZOO (3) -2008

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of the Project in accordance with City approved plans and specifications. C. CITY shall manage and oversee all phases of the installation of the Project, using staff to inspect and approve all phases of the project. D. The construction of the Project shall be funded from a variety of funds, including the City and Friends Funds. CITY shall supply the FRIENDS with quarterly written progress reports which will include financial information in the format specified by FRIENDS. The FRIENDS Duties A. FRIENDS shall provide guidance and input pertaining to the design, plans, specifications and installation of improvements constituting the Project. B. FRIENDS shall assist with compliance with Weingart Foundation Grant guidelines to timely obtain grant funds and disburse those funds to CITY, provided that the CITY timely complies with the "Time for Performance" requirements set forth in Paragraph 4, below. C. FRIENDS shall transfer to City, Friends Funds (excluding the Weingart Foundation grant) including grants and contributions which have been collected on behalf of the City for the Project. Said transfer to the City shall occur prior to the City award of a construction contract. D. FRIENDS shall continue to fundraise on behalf of the Project, and to transfer grants and contributions to City as they are raised by the FRIENDS. 4. Time for Performance All work required pursuant to this Agreement shall commence upon the City's approval of the Project. Notwithstanding the foregoing, and to allow FRIENDS to qualify for the Weingart grant, the following items must occur prior to December 12, 2008: (I) signed construction contract, with copy provided to FRIENDS; (2) required permits issued, with copies provided to FRIENDS; and (3) construction start date. If, for any reason, the construction of the Project does not begin in earnest by January 31, 2009, the City shall then return to FRIENDS the Friends Funds. 5. Ownership and Maintenance The Tierra de las Pampas exhibit shall be the property of the CITY, and CITY shall have maintenance responsibilities thereof.