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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH EL CENTRO CULTURAL DE MEXICO <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on DECEMBER 6, 2016 by and <br />between the City of Santa Ana, a municipal corporation ("City") and EL CENTRO CULTURAL <br />DE MEXICO, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"), City and <br />Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Agreement, <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with finding to assist <br />Recipient in HOSTING A LECTURE SERIES ("Community Benefit"). The Parties wish to enter <br />into this Agreement to establish the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of MAYOR PRO TEM VICENTE <br />SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it <br />will PROVIDE A FAMILY-ORIENTED LEARNING OPPORTUNITY TO EDUCATE THE <br />COMMUNITY ON LATIN AMERICAN ART AND CULTURE. The foregoing is a general <br />description of the public purpose, and is not necessarily the only public purpose to be gained from <br />the Community Benefit. <br />3. TERMS AND CONDITCONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of <br />FIVE HUNDRED DOLLARS ($500) for an event that was held on Sunday, November 20, 2016, <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 Tenn: Termination of Agreement, ement. This Agreement shall talce effect on the date first <br />above written and remain in effect through Recipient's full expenditure of the funds. The City has <br />the right to terminate this Agreement upon one day's notice, with or without cause. Should the City <br />terminate this Agreement, it shall also have the right to demand the immediate return of all funds <br />provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) <br />per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any 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 />Exhibit 2 <br />