Laserfiche WebLink
INSURANCE NOT REQUIRED N-2020-107 <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />nnTr.. V'; I a0� <br />21,'$ uI l e, "-'YV - CatekCL s AGREEMENT <br />CITY OF E <br />)o�� DONATION AGREEMMENT <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is made and entered into this 13th day of June, <br />2020, 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 The Frida <br />Cinema, a California 501(c)(3) non-profit organization ("Recipient"). City and Recipient are <br />sometimes individually referred to as a "Parry" 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 Downtown Santa Ana Movie Drive -In events that will occur six times during <br />2020 beginning June 2020 at the Ebell Theatre and/or First American Title. The sponsorship will <br />cover a portion of the expenses to produce the event and provide free admission tickets to a few <br />Santa Ana families per event. The Parties wish to enter into this Agreement to establish the terms <br />and 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 Movie Drive -In will provide a safe and entertaining opportunity for <br />community while upholding social distance during the COVID-19 pandemic. The event is open to <br />the public, provides family friendly entertainment, and economic booster for the Downtown, as well <br />as promotes community pride. The foregoing is a general description of the public purpose, and is <br />not necessarily the only public purpose to be gained 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, SIX HUNDRED DOLLARS ($1,600) for these events because the City has <br />determined that there is a public purpose to be served in supporting the Community Benefit. The <br />funds shall be spent in accordance with the request from the Recipient attached as Exhibit A and <br />incorporated herein by this reference. In executing this Agreement and receiving the funds, <br />Recipient agrees to use the funds only for the purpose described, and subject to the terms and <br />conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or <br />otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this <br />Agreement and demand 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 />