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N-2022-017 <br />ANSURANCE NOT REQUIRED <br />OT-61 WORK MAY PROCEED <br />cv CLERK Of COUNCIL <br />RATE: <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />1. PARTIES AND DATE <br />(%roll CTOM Lei fo) This T . <br />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 Prisella Hernandez <br />("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively <br />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 11'h International Woman's Day Festival, an annual celebration of women's <br />rights and accomplishments ("Community Benefit"). The Request for Sponsorship Funds is attached <br />hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this <br />Agreement to 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 a family -oriented <br />festival that includes free workshops on art, health, and wellness such as nutrition and womb care. <br />The foregoing is a general description of the public purpose, and is not necessarily the only public <br />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 />FOUR THOUSAND, SEVEN HUNDRED, FIFTY DOLLARS ($4,750) for this event because the <br />City has determined that there is a public purpose to be served in supporting the Community Benefit. <br />In 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 fast <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 anv <br />expiration or termination of this Agreement. <br />3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the <br />City determines that the funds will be used for a purpose which may cause a significant risk of <br />injury, the City may, in its sole discretion, require Recipient to provide certain insurance and <br />