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INSURANCE NOT REQUIRED <br /> WORK MAY PROCEED <br /> CITY CLERK <br /> fl32-� SUN 1 7 2124 N-2024-204 <br /> CITY OF SANTA ANA <br /> O. CC D��Lp. DONATION AGREEMENT <br /> c.j Ue> 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 Ma, a charter city and municipal corporation organized and <br /> existing under the Constitution and the laws of the California ("City"), and Kathleen Amelia <br /> Alvarez ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and <br /> 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"PRIDE Celebration" ("Community Benefit"). The Request for Sponsorship Funds is <br /> attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into <br /> this 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 celebrating and <br /> engaging the LGBTQ+ community during Pride Month through a free event that unites both the arts <br /> and healing communities. The event will include performers and artists providing entertainment and <br /> classes, mental and physical health providers for the LGBTQ+ community, and queer-owned <br /> businesses. The foregoing is a general description of the public purpose, and is not necessarily the <br /> 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 /> TWO THOUSAND, THREE HUNDRED, SEVENTY-FIVE DOLLARS ($2,375) for this event <br /> because the City has determined that there is a public purpose to be served in supporting the <br /> Community Benefit. In 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 /> 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 />