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INSURANCE NOT REOUIRr; N-2020-036 WOIjK MAY PRC;CF;;I CLERK 0,- COUNCIL ,j hArc. 0: Lt{O�I� ju�if (kShl) (RrJ144S dJ CITY of SANTA ANA .DONATION AGREEMENT 0 N. 0 1. PARTIES AND DATE .— This Donation Agreement (Agreement) is made and entered into this 22" ° day of January, m 2020, by and between the City of Santa Ana, a chatter city and municipal corporation orgaiuzed and existing under. the Constitution and the laws of the State of California (City), 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 Community Benefit. The City wishes to provide Recipient with ,funding to assist Recipient with the Boca de Oro: Orange County Arts & Literature Festival 2020 that is schedrried.to occur March 7, 2020, which will engage thousands of 'students and community members in an arts literary festival in Downtown Santa Ana. The sponsorship will cover a portion of the expenses for the opening ceremony and keynote speaker. The Parties wish to enter into this Agreement to establish the terns and conditions under which the City will provide funding. 2.2 Public. Pumose. The City. believes there is a public purpose in supporting the Community Benefit because the Boca de Oro: Orange County Arts & Literature Festival 2020 will transform Downtown Santa Ana into a space that shared valuable educational programming that will engage attendees with visual and performing arts. as well as literacy through published authors 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 THREE THOUSAND DOLLARS ($3,000) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit, The fiords shall be spent in accordance with the invoice from 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 terns -and conditions provided for in this Agreement, Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terns 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 Tenn; 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.