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;'h1r::CCIIREft <br />WORK 10AY PROCEED <br />CLERK OF COUNCIL. <br />r7,�rc. JUN p 6 2019 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT" <br />1. PARTIES AND DATE <br />'Phis Donation Agreement (Agreement) is made and entered into this 1'r day of May, 2019, <br />by and between the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and the laws of the State of California (City), and OneOC (fiscal <br />sponsor for the Santry Ana Business Council), a California 501(c)(3) non-profit organization <br />(Recipient). City and Recipient are sometimes individually referred to as Patty and collectively as <br />Parties in this Agreement. <br />2. RECrrALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient with the Downtown Threads: Santa Ana In Design event that occurred on Saturday, <br />May 4, 2019 in Downtown Santa Ana. The sponsorship will cover a portion of the expenses to <br />produce the event. 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 believes there is a public purpose in supporting the <br />Community Benefit because the Downtown Threads: Santa Ana In Design will transform the <br />downtown into a place and space that shares valuable community engagement that will attracts <br />visitors to the Downtown area, and promotes education with youth and young adults. Tire <br />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. TEEMS AND CONDITIONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with a one -tune payment of <br />ONE THOUSAND DOLLARS ($1,000) for this event because the City has determined that there is <br />a public purpose to be served in supporting the Community Benefit. Tile funds shall be spent in <br />accordance with the request from the Santa Ana Business Council as Exhibit A and incorporated <br />heroin by this reference. In executing this Agreement and receiving the funds, Recipient agrees to <br />use the funds only for the purpose described and subject to the terms and conditions provided for in <br />this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully <br />with the terms of this Agreement, City shall have the right to terminate this Agreement and demand <br />the return of the funds pursuant to Section 3.2 below. <br />3.2 Term; Termination of Agrcement. This Agreement shall take effect on the date first <br />above written and remain in effect unless and until terminated by the City. The City has the right to <br />terminate this Agreement upon one day's notice, with or without cause. Should the City terminate <br />this Agreement, it shall also have the right to demand the immediate return of all finds provided to <br />Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annun. <br />Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any <br />expiration or termination of this Agreement. <br />