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O:CMO (/) <br />Julie Castro -Cardenas <br />0� (p 21 201 <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />LONG BEACH CINEMATHEQUE <br />N -2017-248-C <br />This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017, by and <br />between the City of Santa Ana, a municipal corporation ("City") and LONG BEACH <br />CINEMATHEQUE (AS FISCAL SPONSOR FOR THE FRIDA CINEMA), a California 501(c) <br />(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes <br />individually referred to as "Party" and collectively as "Parties" in this Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in HOSTING A MOVIE SCREENING EVENT AT THE FRIDA CINEMA TO <br />SHOWCASE THE FILM "DOLORES" BASED ON FAMED ACTIVIST DOLORES <br />HUERTA ON NOVEMBER 4, 2017 ("Community Benefit"). The Parties wish to enter into this <br />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 <br />MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it <br />WILL PROVIDE AN FACE-TO-FACE OPPORTUNITY FOR THE COMMUNITY TO <br />MEET DOLORES HUERTA, CO-FOUNDER OF THE UNITED FARM WORKERS WITH <br />THE GOAL OF INSPIRING FUTURE GENERATIONS TO BE LEADERS IN THEIR <br />COMMUNITIES. The foregoing is a general description of the public purpose, and is not <br />necessarily the 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 a one-time payment of <br />THREE THOUSAND DOLLARS ($3,000), because the City has determined that there is a public <br />purpose to be served in supporting the Community Benefit. In executing this Agreement and <br />receiving the funds, Recipient agrees to use the 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 funds for <br />such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to <br />terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. <br />3.2 Term; Termination of Agreement. This Agreement shall take 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 />Exhibit 18 <br />