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MINSURANCE NOT REQUIRED &P WORK ea, PROCEED CLERK Of COUNCIL DATE, o .c""Ct) NOV 13 2019 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2019-242 This Donation Agreement (Agreement) is made and entered into this 17" day of October, 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 Orange County Cemetery District,a California Local Government Entity — Special District (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 All Souls Day (Dia de Los Muertos) event that will occur on Saturday, November 2, 2019 at the Santa Ana Cemetery from 10am-2pm. The sponsorship will cover a portion of the expenses to produce the event, such as rental of canopies, tables, chairs, portable facilities, 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 All Souls Day is an event in celebration of a cultural tradition referred to as Dia de Los Muertos. This event will be open and free to the community. Cultural performances, music, and art & crafts will be available at no charge for attendees. Event organizer will provide an altar on behalf of the City of Santa Ana's 15011 Anniversary. 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 ONE THOUSAND DOLLARS (S1,000) 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 Santa Ana Business Council 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 o� 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.