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INSURANCE NOT REQUIRED N-2017-193 WORK MAY PRMFM C CLERK GTE oft $EI' 18 2DIT CITY OF SANTA ANA DONATION AGREEMENT CIOA-CD) WITH DOWNTOWN INCORPORATED FOR SAVOR SANTA ANA 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on this -5day of September, 2017, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") and Downtown Incorporated, a 26 U.S. Code section 501(c)(6) non-profit organization ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with the 2017 Savor Santa Ana Event in Downtown Santa Ana on September 14, 2017. The sponsorship will cover the cost of distributing materials at the event and inviting chefs across Santa Ana to partner with Downtown Santa Ana restaurants. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding for such program. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because the 2017 Savor Santa Ana event will bring together the local community and media with 40+ restaurants in Santa Ana to promote local businesses and the Downtown area. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with Five Thousand Dollars ($5,000,00) because the City has determined that there is a public purpose to be served in supporting the Community Benefit. The funds shall be spent in accordance with the Funding Request attached hereto as Exhibit A and incorporated herein by this reference. In executing this Agreement and receiving the funds, Recipient agrees to use the fimds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, m well as interest at the rate of ten percent (10%) per annum, Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement.