THE CHARLES W. BOWERS MUSEUM CORPORATION

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INSURANCE NOT REQUIRED a� WORK MAY PROCEED o CLERK OF COUNCIL SATE: �J 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT N-2022-019 G 61VLM14) 6b) T4his Donation Agreement ("Agreement") is made and entered into this 13th day of January, 2022, 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 California ("City"), and The Charles W. Bowers Museum Corporation dba The Bowers Museum, a California nonprofit public benefit corporation ("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 Free Lunar New Year Family Festival, an educational arts program for Santa Ana's low-income children and adults featuring music, performing arts, art projects, and cooking demonstrations that highlight the cultures that celebrate Lunar New Year ("Community Benefit"). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. 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 providing access underserved audiences to the arts, the museum, and opportunities where they can expand their appreciation of the diverse cultures that make up the Santa Ana community. 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 FOUR THOUSAND, FIVE HUNDRED DOLLARS ($4,500) for this event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. 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 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 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 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 - ecipien pursuantto is Agreement, asw—eI as interest at -the rye often percent (16°70) peiannum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement.