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Iii�UNANCE NOT REQUIRED N-2022-071 <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE, !) / l ( 12Z <br />CITY OF SANTA ANA <br />O',DONATION AGREEMENT <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is made and entered into this 151 day of March, <br />c 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and <br />`-° existingunder the Constitution and the laws of the California ("City"), <br />( y ), and Community Partners, the <br />fiscal receiver for applicant Media Arts Santa Ana ("Recipient"). City and Recipient are sometimes <br />m individually referred to as "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 SMART Walk (South Main Art, Retail & Technology), a free community event <br />showcasing technology -based art, businesses, career opportunities, and training programs to Santa <br />Ana youths and adults ("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 Pumose. The City believes there is a public purpose in providing free, safe all - <br />ages access to new creative and professional opportunities for youth and adults, including arts and <br />culture activities, presentations, and networking. The event will also address the historic lack of <br />access to technology and technology -focused instruction faced by Santa Ana's diverse multilingual <br />immigrant community. The foregoing is a general description of the public purpose, and is not <br />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, EIGHT HUNDRED, NINETY-FIVE DOLLARS ($1,895) for this event <br />because the City has determined that there is a public purpose to be served in supporting the <br />Community Benefit. Tn executing this Agreement and receiving the funds, Recipient agrees to use <br />the funds only for the purpose described and subject to the terms and conditions provided for in this <br />Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with <br />the terms of this Agreement, City shall have the right to terminate this Agreement and demand the <br />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 />