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N-2019-150 INWUiiANCE NOT REQUIRED WORK MAY PROCEED hrrc IRL 6 1U19' IL a A 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT This Donation Agreement (Agreement) is made and entered into this 13" day of August, 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 Viva La Vida Santa Ana, 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 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with the Mariachi Festival event that will occur on Saturday, September 7, 2019 in Downtown Santa Ana. The sponsorship will cover a portion of the expenses to produce the event, such as rental of canopies, tables, chairs, portable facilities, barricades for street closure, and flyers. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because the Mariachi Festival is a community event will celebrate the City's 15011 Anniversary in Downtown Santa Ana, free to the public, that will encourage community engagement, promote community pride, show case local art & music, and provide visitors with a cultural experiences through mariachi music 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 request from the Recipient attached 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 funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement.