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INSURANCE NOT REQUIRED <br /> WORK MAY PROCEED N-2024-198 <br /> CITY CLERK <br /> DATE: Co/II 29 <br /> Cc D pc>CO JUN 1 7 NA CITY OF SANTA ANA <br /> CT. L€- CE I. DONATION AGREEMENT <br /> 1. PARTIES AND DATE <br /> This Donation Agreement ("Agreement") is made and entered into this 30th day of May, <br /> 2024, 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 Samara Rice <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 "Tranquil Trails: A Sound & Movement Exploration" ("Community Benefit"). The <br /> Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. <br /> The Parties wish to enter into this Agreement to establish the terms and conditions under which the <br /> City will provide funding. <br /> 2.2 Public Purpose. The City believes there is a public purpose in connecting the public <br /> with the natural surroundings of a local park through music. Participants will engage in an immersive <br /> experience of sound and movement while exploring the park, promoting mental health and well- <br /> being. 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, SIX HUNDRED, SIXTY-FOUR DOLLARS, AND SEVENTY-FIVE <br /> CENTS ($1,664.75) for this event because the City has determined that there is a public purpose to <br /> be served in supporting the Community Benefit. In executing this Agreement and receiving the <br /> funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and <br /> conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or <br /> otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this <br /> Agreement and demand the 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 /> 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 />