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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />DATE: JUN 2 4 2024 <br />a., cap, <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />N-2024-211 <br />This Donation Agreement ("Agreement") is made and entered into this 11'h day of June, <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 Deborah Jane Burke <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 "Black & Brown in the OC: Open Mic Discussion & Music Video Premiere" <br />("Community Benefit"). The Request for Sponsorship Funds is attached hereto as Exhibit A and <br />incorporated herein by reference. The Parties wish to enter into this Agreement to establish the <br />terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City believes there is a public purpose in supporting a <br />community -building event that highlights a Caribbean -African -American heritage and brings <br />together multicultural artists from Orange County through music, cinema, and exchange of personal <br />stories. The event will include a music video premier at The Frida Cinema, visual and performing art <br />from local artists, and multi -generational guest speakers. 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 />ONE THOUSAND, SEVEN HUNDRED, FOURTEEN DOLLARS, AND SEVENTY-FIVE <br />CENTS ($1,714.75) 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 />