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Home My WebLink AboutKOCE-TV FOUNDATION, INC. 1AGREEMENT TERMINATION 1' M -6 PH 4: 24 Please complete this form when the attached agreement is no longer in effect. CITY OF Return form to the Sr. Deputy Clerk of the Council (M-30). Call 64 kmgiffoll questions. The agreement with No. /4-,�Ooq__ /3/ was completed on -7 I b I I 0 7� , and final payment has been made. Revised 8-7-03 Department: Signature: Date: City of Santa Ana Clerk of the Council ( . - N-2004-131 iNSURANCE ¡WT RiOUi f~rD WORK M PROcEED CLERK OF COUNClì OATE~ 10-' 5.-otf C ! P~tS @.~) ~ buttE'rLy iNiticttivl;' ~c~,t~~ RELEASE AGREEMENT This Release Agreement ("Agreement") is entered into by and between KOCE-TV Foundation, Inc. ("KOCE") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") on this 13 day of October 2004 ("Effective Date"). WHEREAS, the KOCE has developed a project to initiate community involvement and promote creativity to result in the advancement of education ("Butterfly Project"); WHEREAS, City desires to participate in the Butterfly Project with KOCE- TV Foundation and obtain certain works of art; and THEREFORE, in consideration of the mutual promises and undertakings herein, the parties agree as follows: 1. As a part of the Butterfly Project, KOCE will be selling butterfly sculptures at designated locations and through other media such as through the KOCE web site. The sculptures will be available in a form readied for decoration. City will receive one (1) butterfly sculpture as a part of the Butterfly Project for a reduced price. 2. In consideration for the opportunity to participate in the Butterfly Project and receive a butterfly sculpture for a reduced price, City hereby agrees to release, defend and hold harmless KOCE, its project partners, donors for the Butterfly Initiative and Butterfly Project, and their respective directors, employees, representatives, agents and affiliates from and against any and all liability, claims, demands, actions or rights of action, of whatever kind or nature, whether either in law or equity, arising from or by reason of any bodily injury, known or unknown, or property damage to and or from actions or omissions to act relating to the sculpture and/or City's participation in and related to the Butterfly Initiative and the Butterfly Project. City waives the benefit of Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor as the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 3. KOCE has the right to photograph and videotape any representative of the City and the butterfly sculpture provided to the City, (in its initial state and following its decoration) and uses such photographs and videotapes for publicity and educational purposes. 4. This Agreement and all covenants and releases set forth herein shall be binding upon and shall inure to the benefit of the respective parties hereto, their legal successors, heirs, assigns, partners, attorneys, officers, directors and shareholders. Page 1 of 2 . ~ buttE'rLy iNiticttivl;' ~C~,t~~ RELEASE AGREEMENT 5. This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its choice of laws or principles. In the event of a dispute, the prevailing party in any proceeding will be entitled to reasonable attorneys fees and costs of any legal proceedings in addition to any other relief to which it may be entitled. 6. No waiver shall be effective unless in writing signed by the party claimed to have waived. This Agreement and any of its provisions may only by modified, waived, discharged or terminated in writing signed by the parties. The parties have read the foregoing Agreement and accept, agree to the provisions contained therein and execute it voluntarily and with full understanding of its consequences. KOCE- TV Foundation BY: NAME: TITLE: DATE: ATTEST: . - ~ Gi:.~it ¿ TRICIA E. HEALY 1 Clerk of the Council U CITY OF SANTA ANA (I ~.: I' ,f"... ..-",'- , ,/( <C//;/L¿,,_- David N Ream v City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attqrney I ~ r I ,. I By: i Michael Vigliotta Deputy City Attorney Page 2 of 2 The Butterfly Initiative Partners: Microsoft, KOCE, Roger's Gardens, City of Santa Ana and 12-13 other cities What: Community arts activities/event using MSN Butterfly symbol to: . raise money for the Endowment for Science and Arts Education and KOCE, . create visibility for Santa Ana. . Engage community in science and art activities Where: TBD When: October 2004-July 2005 February 5 is California Western Monarch Butterfly Day/California Senate Promote/Recommend planting a butterfly friendly flower in support of California Western Monarch Butterfly Day Overview: The goal of the project is to enhance science and arts and to help start an endowment for science and arts education in Orange County. City of Santa Ana will purchase one large "do it yourself' butterfly sculpture and involve the community (youth, seniors and local artists) in decorating it. The sculpture may be exhibited in various places in the City, with a home base in our Zoo* as the location for the map used in the scavenger hunt KOCE will be coordinating throughout the county in February of2005. KOCE is working with OCTA to put together a tour of the city sculpture in February near California Western Monarch Butterfly Day. In July/August the artist/celebrity created sculptures will be auctioned at the Orange County Fair with proceeds to be used to help the start of the endowment. Weare expected to host a "city celebration" featuring the butterfly and celebrating Western Monarch Butterfly Day (Feb 2005). My recommendations are below. Expenses: 5"Butterfly Sculpture Small Butterfly Kits as special prizes "Butterfly" Leisure Classes at LBCH, and or Zoo Special "Butterfly Garden" Prize during Home Contest Paint and Supplies Acrylic Paints and Sealants Staff Prep of Lesson Plans Staff Prep of Supplies/Process of decorating 5' Sculpture $880 $30 for each 3" butterfly kit Staff Costs 7"/$35 or 14" $40 $300 for large butterfly and 7-9 small ones. Staff Costs Staff Costs Recommendations . Use butterfly in theme for Black History Parade, Mother's Day and Beautification Contest. City Celebration Showcasing Butterflies (Mother with the most attending children, Oldest Grandmother Attending, Prize for Best Butterfly Garden) 1 ( - . N-2004-I31 RANCE NOT RFowrlED Worm MiÙ PROcEED CLERK OF COUNCiL OML 10-' 5.-otf C ! P~tS @.~) ~ buttE'rLy iNiticttivl;' ~c"""""""'.~~ RELEASE AGREEMENT This Release Agreement ("Agreement") is entered into by and between KOCE- TV Foundation, Inc. ("KOCE") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") on this 13 day of October 2004 ("Effective Date"). WHEREAS, the KOCE has developed a project to initiate community involvement and promote creativity to result in the advancement of education ("Butterfly Project"); WHEREAS, City desires to participate in the Butterfly Project with KOCE-TV Foundation and obtain certain works of art; and THEREFORE, in consideration of the mutual promises and undertakings herein, the parties agree as follows: 1. As a part of the Butterfly Project, KOCE will be selling butterfly sculptures at designated locations and through other media such as through the KOCE web site. The sculptures will be available in a form readied for decoration. City will receive one (1) butterfly sculpture as a part of the Butterfly Project for a reduced price. 2. In consideration for the opportunity to participate in the Butterfly Project and receive a butterfly sculpture for a reduced price, City hereby agrees to release, defend and hold harmless KOCE, its project partners, donors for the Butterfly Initiative and Butterfly Project, and their respective directors, employees, representatives, agents and affiliates from and against any and all liability, claims, demands, actions or rights of action, of whatever kind or nature, whether either in law or equity, arising from or by reason of any bodily injury, known or unknown, or property damage to and or from actions or omissions to act relating to the sculpture and/or City's participation in and related to the Butterfly Initiative and the Butterfly Project. City waives the benefit of Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor as the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 3. KOCE has the right to photograph and videotape any representative of the City and the butterfly sculpture provided to the City, (in its initial state and following its decoration) and uses such photographs and videotapes for publicity and educational purposes. 4. This Agreement and all covenants and releases set forth herein shall be binding upon and shall inure to the benefit of the respective parties hereto, their legal successors, heirs, assigns, partners, attorneys, officers, directors and shareholders. Page 1 of 2 . ~ buttE'rLy iNiticttivl;' ~ç-....~~ RELEASE AGREEMENT 5. This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its choice of laws or principles. In the event of a dispute, the prevailing party in any proceeding will be entitled to reasonable attorneys fees and costs of any legal proceedings in addition to any other relief to which it may be entitled. 6. No waiver shall be effective unless in writing signed by the party claimed to have waived. This Agreement and any of its provisions may only by modified, waived, discharged or terminated in writing signed by the parties. The parties have read the foregoing Agreement and accept, agree to the provisions contained therein and execute it voluntarily and with full understanding of its consequences. KOCE- TV Foundation BY: NAME: TITLE: DATE: ATTEST: i ~'*-~ TRICIA E. HEALY 1 Clerk of the Council U CITY OF SANTA ANA //; ~'.' ~' ~¿. / ;. / " ... L <f/ // /"'/' <~<_.- David N Ream v City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attqrney I .~. r I ! By: Michael Vigliotta Deputy City Attorney Page 2 of 2 The Butterfly Initiative Partners: Microsoft, KOCE, Roger's Gardens, City of Santa Ana and 12-13 other cities What: Community arts activities/event using MSN Butterfly symbol to: . raise money for the Endowment for Science and Arts Education and KOCE, . create visibility for Santa Ana. . Engage community in science and art activities Where: TBD When: October 2004-July 2005 February 5 is California Western Monarch Butterfly Day/California Senate Promote/Recommend planting a butterfly friendly flower in support of California Western Monarch Butterfly Day Overview: The goal of the project is to enhance science and arts and to help start an endowment for science and arts education in Orange County. City of Santa Ana will purchase one large "do it yourself' butterfly sculpture and involve the community (youth, seniors and local artists) in decorating it. The sculpture may be exhibited in various places in the City, with a home base in our Zoo* as the location for the map used in the scavenger hunt KOCE will be coordinating throughout the county in February of2005. KOCE is working with OCTA to put together a tour of the city sculpture in February near California Western Monarch Butterfly Day. In July/August the artist/celebrity created sculptures will be auctioned at the Orange County Fair with proceeds to be used to help the start of the endowment. We are expected to host a "city celebration" featuring the butterfly and celebrating Western Monarch Butterfly Day (Feb 2005). My recommendations are below. Expenses: 5"Butterfly Sculpture Small Butterfly Kits as special prizes "Butterfly" Leisure Classes at LBCH, and or Zoo Special "Butterfly Garden" Prize during Home Contest Paint and Supplies Acrylic Paints and Sealants Staff Prep of Lesson Plans Staff Prep of Supplies/Process of decorating 5' Sculpture $880 $30 for each 3" butterfly kit Staff Costs 7"/$35 or 14" $40 $300 for large butterfly and 7-9 small ones. Staff Costs Staff Costs Recommendations . Use butterfly in theme for Black History Parade, Mother's Day and Beautification Contest. City Celebration Showcasing Butterflies (Mother with the most attending children, Oldest Grandmother Attending, Prize for Best Butterfly Garden) 1 . Work with artists on staff to plan Butterfly Sculpture decoration/painting. . Compile butterfly art/science projects lesson plans, make and distribute for rec center use. . Invite children and seniors to paint sculpture, transport as necessary. . Invite local Artist Village Artists to purchase and paint smaller sculptures to populate the Artist Village. . Feature Butterfly related classes at Santiago LBCH and or the Zoo. . Sculpture Site Recommendations: SASC, balancing the sculpture that is already on the east end of Birch Park, the Zoo, the Artist's Village or CIty Hall. . Promo through cable tv . Promo in Winter/Spring Brochure . Promo through flyers at Rec Centers MUST PICK UP 5' SCULPTURE BY OCTOBER 15/PICK UP IN COWEN HEIGHTS/Santa Ana. * not confirmed 2