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G),Dho) L PAwrms AND DA'T'E CITY OF SANTA ANA DONATION AGREEMENT MTHEW 1- This Donation Agreement ("Agreement") is made and entered into this /0 day of October, 2017, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the California CCfty"), and OneOC, a California 501(c)(3) 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 DTSA Farmers' Market offering increased access to fresh fruits and vegetables, high quality artisan goods, local entrepreneur opportunities, and family friendly community activities ("Community Benefit"). The Downtown Event Sponsorship Request is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Pun - )ose. The City believes there is a public purpose in a farmers' market offering locally and organically grown produce, artisan foods, nutrition and wellness education, and family activities. 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 a one-time payment of FIVE THOUSAND, FIVE HUNDRED DOLLARS ($5,500Y for this ongoing program, because the City has determined that there is a public purpose to be served in supporting the Community Benefit, In executing this Agreement and receiving the funds, Recipient agrees to use the funds 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 term% 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, 12 Tenn: Termination of Agreement. This Agreement shall take effect on the (late first �—- -- above written and remain in eftlect unless and until terminated by the City, The City has the night to terminaw this Agreement upon one days 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, as well as hotcrest at the rate of tett percent (10%) per anotura. Notwithstanding the foregoing, the, indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Qllje�Qbli 4tf2ns. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant ride of