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29A - DONATION AGMT
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29A - DONATION AGMT
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11/15/2018 9:19:36 PM
Creation date
11/15/2018 9:13:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Council
Item #
29A
Date
11/20/2018
Destruction Year
2023
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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on NOVEMBER 20, 2018, by and <br />between the City of Santa Ana, a municipal corporation ("City") and CENTRO CULTURAL DE <br />MEXICO EN EL CONDADO DE ORANGE, 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 to assist <br />Recipient for HOSTING ACTIVITIES AND PARTICIPATING IN THE NOCHE DE <br />ALTARES EVENT IN DOWNTOWN SANTA ANA WHICH WAS HELD ON NOVEMBER <br />3, 2018. THIS WAS A FREE EVENT FOR THE COMMUNITY WITH MUSIC, DANCE, <br />AND CULTURAL CEREMONIES FOR COMMUNITY MEMBERS ("Community Benefit"). <br />The Parties wish to enter into this Agreement to establish the terms and conditions under which the <br />City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of MAYOR PRO TEM <br />MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it <br />PROMOTES CULTURAL AWARENESS, CELEBRATES DIVERSITY AND CULTURE. <br />The foregoing is a general description of the public purpose, and is not necessarily the only public <br />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 of <br />FIVE HUNDRED DOLLARS ($500); 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 to <br />the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for <br />such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to <br />terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. <br />3.2 Tenn; 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 />
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