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FOKNi F-3 ~/g~l~ AGREEMENT NO.R-047-10-A <br />° `' DATE December 1, 2009 <br />'~ ~ z~G,'d' FAIRTIME <br />REVIEWED <br />rNTERIM xx N-2010-001 <br />APPROVED <br />RENTAL AGREEMENT <br />THIS AGREEMENT by and between the 32"d District Agricultural Association dba OC Fair & Event Center, hereinafter called the <br />Association, and City of Santa Ana hereinafter, called the Rentor <br />WITNESSETH: <br />1. THAT WHEREAS, The Rentor desires to secure from the Association certain rights and privileges and to obtain permission from the <br />Association to use Association premises: from January lgt, 2010 and ending on March 31°f, 2010 <br />2. NOW, THEREFORE, Association hereby grants to the Rentor the right to occupy the space(s) described below for the purpose hereinafter set <br />forth, subject to the terms and conditions of this agreement: <br />Parking Lot "H" <br />3. The purpose of occupancy shall be limited to, and shall be for no other purpose or purposes whatsoever: <br />Officer Training <br />4. Rentor agrees to pay to Association for the rights and privileges hereby granted, the amounts and in the manner set forth below: <br />Please see Exhibits "A" "B" "C" and "E" which are incorporated and made part of the Rental Agreement. <br />5. Association shall have the right to audit and monitor any and all sales as well as access to the premises. <br />6. Rentor further agrees to indemnify and save harmless Association and the State of California, their officers, agents, servants and employees <br />from any and all claims, causes of action and suits accruing or resulting from any damages, injury or loss to any person or persons, including all <br />persons to whom the Rentor may be liable under any Workers' Compensation law and Rentor himself and from any loss, damage, cause of <br />action, claims or suits for damages including but not limited to loss of property, goods, wares or merchandise, caused by, arising out of or in any <br />way connected with the exercise by Rentor of the privileges herein granted. <br />7. Rentor further agrees that he will not sell, exchange or barter, or permit his employees to sell, exchange or barter, any permits issued to Rentor <br />or his employees hereunder. <br />8. It is mutually understood and agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otherwise <br />disposed of without the written consent of Association. <br />9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless made in writing and signed <br />by the parties hereto, and that no oral understanding or agreements not incorporated herein and no alterations or variations of the terms hereof, <br />unless made in writing and signed by the parties hereto, shall be binding upon any of the parties hereto. <br />10. The Rules and Regulations printed on the reserve side hereof are made a part of this agreement as though fully incorporated herein, and Rentor <br />agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply, unless amended by mutual <br />consent in writing of the parties hereto. <br />11. In the event Rentor fails to comply in any respect with the terms of this agreement and the Rules and Regulations referred to herein, all <br />payments for this rental space shall be deemed earned and non-refundable by Association and Association shall have the right to occupy the <br />space in any manner deemed for the best interest of Association. <br />l2. Special Provisions: The Event Sales & Services Policies & Procedures Handbook does hereby become a part of this <br />Rental Agreement by reference and is on file with the Association. By signing the Agreement, Rentor acknowledges that <br />they have read the Event Sales & Services Policies & Procedures Handbook and agrees to abide by said Policies and <br />Procedures. <br />13. This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative, and approved (if <br />required) by the Department of Food and Agriculture and Department of General Services. <br />IN WITNESS WHEREOF, This agreement has been executed in quadruplicate, by and on behalf of the parties to, the day and year first <br />above written. <br />City of Santa Ana 32"d District Agricultural Ass Kati <br />20 Civic Center P a, M-23 88 Fair Dr~ , t <br />Santa Ana, CA 2~2 / Costa eaa, A 92626 j` . <br />By uL~ f , ~~.~.~-,--~ By <br />Title ~ . Ream; C anager Title: Doug Lofs)fi •om, VP ~ ven s <br />By <br />Title Paul-A4:~Walters, Chief of Police _.e <br />gy v //1 ~ v v <br />Title , C er of the Council Maria D. HUIZar <br />~~ Clerk of the Council <br />Title Laura Sheedy, Assistant Qty Attorney <br />