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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: MAY 0 3 2W <br />p'. C,04 `Tray.Lee)�sr�� <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />N-2022-112 <br />This Donation Agreement ("Agreement") is made and entered into this 9" day of March, <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 The Art Spread <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 Art Spread Art and Mental Health Awareness Exhibition, an event providing <br />Santa Ana residents access to mental health professionals, art teachers, artists, and art ("Community <br />Benefit"). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated <br />herein by reference. The Parties wish to enter into this Agreement to establish the terms and <br />conditions under which the City will provide funding. <br />2.2 Public Purpose. The City believes there is a public purpose in making art and mental <br />health accessible to all communities, especially minority communities where art and mental health <br />have not been prioritized or shared with children, teenagers, or adults. During the exhibition, the <br />public will learn about how art, as a form of therapy, influences mental health and vice versa. The <br />event will feature local Orange County and national artists. The foregoing is a general description of <br />the public purpose, and is not necessarily the only public purpose to be gained from the Community <br />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 HUNDRED, TWENTY-EIGHT DOLLARS ($428) for this event because the City has <br />determined that there is a public purpose to be served in supporting the Community Benefit. III <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 m 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 />