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(e -AF— fir! <br />`�,ceti9x C�' <br />CITY Or SANTA ANA <br />(DONATION AGREE, MFNT WITH <br />DOWNTOWN INCORPORATED <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement') is entered into on this 17- day of au" -Q- <br />2017, by and, between the City of Santa Anat a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City'l and Downtown <br />Incorporated, a 26 U.S. Code section 501(c)(6) non-profit organization ("Recipicaf" . 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 Comununity Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient with the 2017 Downtown Community Open House at the Frida Cinema in Downtown <br />Santa Ana on August 9, 2Ot7. The sponsorship will cover the cost of event expenses including <br />rental costs, printing & mailing, and event production management, The Parties wish to enter into <br />this Agreement to establish the terms and conditions under which the City will provide funding for <br />such program. <br />2.2 Public Purpose. The City believes there is a public purpose in supporting the <br />Community Benefit because the 2017 Downtown Community Open House will bring together local <br />community businesses and downtown stakeholders to share in the progress of the Downtown area <br />and providing information for the attendees on how to participate, connect and work with each other <br />and the City. 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 Five Thousand Dollars <br />($5,000.00) because the City has determined that there is a public purpose to be served in supporting <br />the Community Benefit. The funds shall be spent in accordance with the Expense Budget attached <br />hereto as Exhibit A and incorporated herein by this reference. In executing this Agreement and <br />receiving the funds, Recipient agrees, to use (lie funds only for the purpose described and subject to <br />the terms and conditions provided for in this Agreement. Should Recipient fail to use the fluids for <br />such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to <br />terminate this Agreement and demand the return of the fiords pursuant to Section 3.2 below. <br />3.2 Term: Termination of Aareement. 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 aria 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 wall as interest at the rate of ten percent (101/4) per annum. <br />N-2017-123 <br />