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Docusign Envelope ID:6521C537-B68B-4B1B-859F-BD95C803E5D6 INSURANCE ON FILE A-2025-139 WORK MAY PROCEED UNTtL INSAINCE E7(PtWiE,`*,' 0tt4tI A7,o CITY CLERK DATE-EP 0 8 2025 0 f R.GSp L°) vok�w'o bz) KABOOM! COMMUNITY PARTNER AGREEMENT July 28,2025 KABOOM!, Inc. (referred to herein as KABOOM!)is pleased that the City of Santa Ana(referred to herein as the Community Partner)has agreed to collaborate with Kaboom!and the Pacific Life Foundation(referred to herein as Funding Partner)in the construction of a new playspace at Sandpointe Park,3700 South Birch Street,Santa Ana 92707 the'Project'). This Community Partner Agreement(this"Agreement"),which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed,will,when executed by the duly authorized representatives of each party,supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. The Community Partner acknowledges and agrees the primary source of funding for the Project is a contribution from the Funding Partner. In the event that such a contribution is not funded,then this agreement shall immediately terminate upon written notice thereof from KABOOM!, t. Obligations of the Community Partner. The Community Partner shall work with KABOOM!and the Funding Partner as well as community residents to design, plan, and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KABOOML (a) Contribution. In support of the Project, the Community Partner must contribute$8,500 to KABOOMI, which will apply the funds directly to the purchase of the equipment. KABOOM!will invoice the Community Partner for such amount promptly following the execution of this Agreement,which amount must be paid in full at least thirty(30)days prior to the Projecfs Build Week(as defined below). (b) Project Site. (i) Ownership. At the time of execution of this Agreement,the Community Partner shall provide KABOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playspace in its entirety,for the lifetime of the product, including the equipment and/or safety surfacing at the time purchased by KABOOMI with the financial resources provided by the Funding Partner. (ii) Permits. Prior to Build Week,the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation,possession,and use of the,playspace in compliance with applicable laws and regulations. (iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) preparing the site for the installation of the Project at least two weeks before Build Week, which may include removing existing equipment, footers, and safety surfacing, grading the land, repairing existing surfacing and removing fencing (2) conducting up to two (2) utility checks as reasonably requested by KABOOM! with the appropriate utility companies,with the first test being completed before Design Day(as defined below)and with all utility check documentation provided upon completion to the KABOOMI Project Manager who shall supervise the planning and installation of the equipment (the `Project Manager"): and (3) conducting up to two (2) soil site tests as reasonably requested by KABOOM!, with the first test being completed before Design Day and with all soil check documentation provided to the Project Manager upon completion.The Community Partner is responsible