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FUNDING AGREEMENT <br />FOR THE RENOVATION OF ASPHALT WALKWAYS <br />AT THE SANTA ANA ZOO AT PRENTICE PARK <br />This Funding Agreement (the "Agreement "), made and entered into 17'h day of January, <br />2012, by and between the City of Santa Ana, a charter city and municipal corporation duly <br />organized and existing under the Constitution and laws of the state of California, (the "CITY "), and <br />the Friends of the Santa Ana Zoo, a California nonprofit corporation, (the "FRIENDS "). <br />RECITALS <br />WHEREAS, the FRIENDS, a California non -profit organization, is generating support <br />revenues and donations for the CITY to operate and develop the Santa Ana Zoo at Prentice Park; <br />and <br />WHEREAS, CITY and FRIENDS desire to renovate the asphalt walkways (hereinafter <br />"the Project ") to provide greater accessibility to the educational programs, classroom areas and <br />animal exhibits at the Zoo; and <br />WHEREAS, the FRIENDS desire to provide funding for the Project, a portion of which is <br />grant funding; and <br />WHEREAS, CITY will oversee and manage the construction of the Project to ensure that <br />the Project meets all governmental codes and requirements. <br />NOW, THEREFORE, in consideration of mutual promises, covenants and <br />agreements herein set forth, the parties do hereby agree as follows: <br />Scope of Agreement <br />The purpose of this Agreement is to provide for the funding for the "Pavement for Progress" <br />project to reconstruct, pave and seal public pathways and service roads within the Santa Ana <br />Zoo at Prentice Park (the "Project "). The Project will improve safety and accessibility for <br />physically challenged guests, children, seniors and those requiring mobile assistance to <br />participate in the Zoo's educational activities and exhibit viewing. The FRIENDS have raised <br />funds in grants and contributions for the design and construction of the Project (the "Friends <br />Funds "). <br />2. CITY Duties <br />A. CITY shall prepare bid documents for the design, and construction of the Project. Said <br />bid documents shall be in conformity with applicable federal, state and local laws and <br />regulations. <br />B. CITY shall manage the solicitation and selection of contractors for all work necessary to <br />complete the Project in accordance with City approved plans and specifications. <br />C. CITY shall manage and oversee the construction of the Project, including inspection and <br />approval of the work. <br />D. The construction of the Project shall be funded through grant funds obtained by <br />FRIENDS. CITY shall provide FRIENDS with a final written report which will include <br />4IL'�? <br />