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liiz �C iii!'JGr i\i IT REOUIRED W(J W P0lAY iaWGE:FD �4 �hig 4. " PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2019-043 This Donation Agreement (Agreement) is made and entered into this 20' day of February, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California (City), and Community Engagement, a California 501(c)(3) non-profit organization (Recipient). City and Recipient are sometimes individually referred to as Party and collectively as Parties in this Agreement, 2. RECITALS 2.1 CommunityBenefit. The City wishes to provide Recipient with funding to assist Recipient with the Boca de Oro: Orange County Arts and Literature Festival on Saturday, March 2, 2019. The sponsorship will cover a porton of the expenses of the Opening Ceremony, including the Keynote Speaker, The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public PyMose. The City believes there is a public purpose in supporting the Community Benefit because the Boca de Oro: Orange County Arts and Literature Festival will transform the downtown into a place and space that shares valuable structured educational programming that will engage the audience with both visual and performing art as well as champion literacy by bringing out the published and aspiring writers within the region. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE THOUSAND DOLLARS ($5,000) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit, The funds shall be spent in accordance with the Expense Budget attached hereto as Exhibit A and incorporated herein by this reference, In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all fiends provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per amium. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or tonnination of this Agreement,