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SPONSORSSHIP AGREEMENT WITH STRAUB DISTRIBUTING <br />FOR CINCO DE MAYO FESTIVAL 2016 <br />THIS SPONSORSHIP AGREEMENT is made and entered into this 191h day of April <br />2016 by and between Straub Distributing Co., an Anheuser -Busch Distributor ( "Sponsor "), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"), <br />RECITALS <br />A. The City is producing its annual Cinco de Mayo Festival in downtown Santa Ana on <br />April 30 and May 1, 2016 ( "Event ") and desires to retain sponsors for the Event. <br />B. Sponsor represents that it is able and willing to provide sponsorship for the Event as <br />fitrther described below. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SPONSOR OBLIGATIONS <br />Sponsor shall provide for the Event a beer garden package that shall include the <br />following: one beer trailer, three 20' x 20' tents, three tables for the serving area, one table for ID <br />check, one portable bar, a beer garden entrance banner, and ten tear drop banner flags, to be set <br />up with the approval of the Executive Director. Sponsor grants to City the right to use Sponsor's <br />trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to <br />City by Sponsor in any medium of advertising, marketing materials, and /or promotional goods <br />distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. <br />2. SPONSORBFNEFITS <br />In exchange for the sum specified in Section 3 below, Sponsor shall be entitled to the <br />benefits at the Event as described on Exhibit A. <br />3. SPONSORSHIP FEE <br />For its participation as a. Sponsor for the Event, Sponsor shall pay to the City a <br />sponsorship fee of Twenty Thousand Dollars ($20,000). The sponsorship fee is payable by <br />Sponsor to City upon execution of this Agreement and before Event. Sponsor shall not be <br />entitled to the sponsorship benefits tinder this Agreement, or to otherwise participate in the <br />Event, if the sponsorship fee is not received before the Event. <br />4. TERM <br />This Agreement shall commence on the date stated above and continue through the last <br />date of the Event, unless terminated as otherwise provided in this Agreement. <br />5. INDEPENDENT CONTRACTOR <br />Sponsor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />25F -3 <br />