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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />COMMUNITY ENGAGEMENT INC. <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between <br />the City of Santa Ana, a municipal corporation ("City") and COMMUNITY ENGAGEMENT' <br />INC. a California 501(e)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient <br />are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. <br />2. Rwrms <br />2.1 Community Benefit. The City wishes to provide Recipient with funding for THE <br />CUANO'S EL CANCION DEL WMIGRANTE EVENT HOSTED AT THE BOWERS <br />MUSEUM ON MAY 12, 2018. THIS EVENT WAS FREE TO THE COMMUNITY AND <br />PROVIDED CULTURAL ACTIVITES FOR SANTA ANA RESIDENTS. ("Community <br />Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under <br />which the City will provide funding. <br />2.2 Public P=ose. The City, by recommendation of MAYOR PULIDO, believes there <br />is a public purpose in supporting the Community Benefit for THE COMMUNITY OF SANTA <br />ANA TO ENHANCE THE APPRECIATION OF ARTS &c CULTURE, WHILE <br />HIGHLIGHTING LOCAL ARTISTS, AND ENGAGING THE COMMUNITY. The foregoing <br />is a general description of the public purpose, and is not necessarily the only public purpose to be <br />gained from the Community Benefit. <br />3. TERMS AND CONDTTIONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of <br />SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), because the City has determined <br />that there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the funds, Recipient agrees to use the fiends only for the purpose described <br />and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use <br />the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall <br />have the right to terminate this Agreement and demand the return of the funds pursuant to Section <br />3.2 below. <br />3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first <br />above written and remain in effect through Recipient's full expenditure of the funds. The City has <br />the right to terminate this Agreement upon one day's notice, with or without cause. Should the City <br />terminate this Agreement, it shall also have the right to demand the immediate return of all funds <br />provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) <br />per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />UHLBIT A-5 <br />29 9 <br />