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fP.j.'JI:IAIIit t f�,^THE :1l;iF��'(? <br />VVURK r -1AY PF <br />0.((��Zl )Vllr Cli3i✓0 -(krt)py,G�S <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />N-2020-003 <br />This Donation Agreement ("Agreement") is made and entered into on this IV day of <br />December, 2019, by and between the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and the laws of the State of California (City), and The <br />Frida Cinema a California 501(c)(3) non-profit organization (Recipient). City and Recipient are <br />sometimes individually referred to as "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 with the Tamale Festival, also referred to as "Tamalada" that is scheduled to occur <br />Thursday, December 19, 2019 from 5pm-9pm on West Fourth Street in Downtown Santa Ana, <br />which is a free event to the community. 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 Tamalada event is free and open to the public, provides a <br />holiday cultural experience with free entertainment, children's activities, social gathering, and <br />economic booster for the Downtown, as well as promotes community pride. The foregoing is a <br />general description of the public purpose, and is not necessarily the only public purpose to be gained <br />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 />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. The funds shall be spent in <br />accordance with the request from the Santa Ana Business Council as Exhibit A and incorporated <br />herein 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 Agreement. 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 funds provided to <br />Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. <br />Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any <br />expiration or termination of this Agreement. <br />