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o INSURANCE NOT REQUIRED <br />C1" WORK MAY PROCEED <br />°D CLERK OF COUNCIL <br />N <br />=DATE: <br />E <br />0: 6104 (TMM Le� Cg�� 0. <br />PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />N-2022-023 <br />This Donation Agreement ("Agreement") is made and entered into this 13th day of January, <br />2022, 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 California ("City"), and Sarah Garcia DBA <br />LibroMobile, a business ("Recipient"). City and Recipient are sometimes individually referred to as <br />"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 4ch Annual LibroMobile Literary Arts Festival, a hybrid in -person and virtual festival <br />uniting local and visiting BIPOC artists and featuring art vendors and local food by BIPOC and all <br />booklovers ("Community Benefit"). The Request for Sponsorship Funds is attached hereto as <br />Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to <br />establish the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City believes there is a public purpose in providing free live <br />readings, collaborative workshops, and musical performances to empower and cultivate artists of <br />color and culturally enrich residents in Orange County, California. The foregoing is a general <br />description of the public purpose, and is not necessarily the only public purpose to be gained from <br />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 />SEVEN THOUSAND, EIGHT HUNDRED DOLLARS ($7,800) for this event because the City <br />has determined that there is a public purpose to be served in supporting the Community Benefit. In <br />executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the <br />purpose described and subject to the terms and conditions provided for in this Agreement. Should <br />Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this <br />Agreement, City shall have the right to terminate this Agreement and demand the return of the funds <br />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 />