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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />HERITAGE MUSEUM OF ORANGE COUNTY <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by <br />and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE <br />MUSEUM OF ORANGE COUNTY a California 501(c)(3) NON-PROFIT <br />ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as <br />"Party" and collectively as "Parties" in this Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding for THE <br />DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON <br />OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL <br />INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES <br />("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and <br />conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER <br />_BENAVIDES, believes there is a public purpose in supporting the Community Benefit because <br />it assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL <br />AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT <br />OPPORTUNITY. The foregoing is a general description of the public purpose, and is not <br />necessarily the only public purpose to be gained from the Community Benefit. <br />3. TERMS AND CONDITIONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment <br />of FIVE HUNDRED DOLLARS ($500j, because the City has determined that there is a public <br />purpose to be served in supporting the Community Benefit. In executing this Agreement and <br />receiving the funds, Recipient agrees to use the funds only for the purpose described and subject <br />to the terns and conditions provided for in this Agreement. Should Recipient fail to use the <br />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 <br />Section 3.2 below. <br />3.2 Term: Termination of Agreement. This Agreement shall take effect on the date <br />first above written and remain in effect through Recipient's full expenditure of the funds. The <br />City has the right to terminate this Agreement upon one day's notice, with or without cause. <br />Should the City terminate this Agreement, it shall also have the right to demand the immediate <br />return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate <br />of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions <br />of this Agreement shall survive any expiration or termination of this Agreement. <br />EXHIBIT 2 <br />29A-9 <br />