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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: �7�1(0/2022 <br />0;coP(:rarnLe�)(0AW <br />PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />N-2022-070 <br />4�2 This Donation Agreement ("Agreement") is made and entered into this 28 day of February, <br />r2022, 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 Marina C. Aguilera <br />W ("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 Green PaiTots of Santa Ana Festival, a free event filled with music and art <br />commemorating the unofficial city mascot ("Community Benefit"). The Request for Sponsorship <br />Funds is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to <br />enter into this Agreement to establish the terms and conditions under which the City will provide <br />funding. <br />2.2 Public Purpose. The City believes there is a public purpose in providing a free arts <br />and cultural event that will bring visitors to the city to celebrate the birds that have made Santa Ana <br />their home and sanctuary. The event will include parrot -related entertainment and crafts for families <br />and has the potential to grow into an annual tradition similar to San Juan Capistrano's Swallows Day <br />Parade. The foregoing is a general description of the public purpose, and is not necessarily the only <br />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, EIGHT HUNDRED, FOUR DOLLARS ($1,804) 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 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 />