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HomeMy WebLinkAboutARTSY101 LLC (2) INSURANCE NOT REQUIRED N-2026-144 WORK MAY PPME© CITY CLERK IRATE: J U N 2 52026 0:(,0 q(N) CITY OF SANTA ANA T. tee. DONATION AGREEMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is made and entered into this 19th day of April, 2026, 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 ("City"), and Artsy101 LLC ("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 "Arte en Comunidad Series 3- Arte En El Parque" ("Community Benefit"). The Request for Sponsorship Funds 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 Purpose. The City believes there is a public purpose in supporting Arte en Comunidad Series 3- Arte En El Parque, as it expands access to inclusive, multigenerational arts programming in public spaces, fosters social cohesion and mental well-being, strengthens civic engagement, and activates community spaces through culturally relevant creative expression. 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 i P 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of Four Thousand, Eight Hundred, Fifty-Five Dollars ($4,555) for this event 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 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 A eernent. This Agreement shall take effect on the date first above written and remain in effect until completion of the Community Benefit as detailed in Exhibit - - -A,-or-one year from the commencement date of this Agreement, whichever is-earlier; The City has the right to terminate this Agreement upon one day's notice, with or without cause, in the City's sole discretion. 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 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. E CITY or SANTA ANA DONATION AGREEMENT Page 2 of 5 3.3 Waivers, Insurance or Other Obligations. 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 risk of 3 injury, the City may, in its sole discretion, require Recipient to provide certain insurance requirements and participant waiver/release protections. This right shall be on.-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on Forms,in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. The City reserves the right to request documentation and/or additional details from the Recipient demonstrating how sponsorship funds were used. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and hainnless from and against any and all. claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity,to property or persons, including wrongful death,in any manner arising out of or incident to any and all acts, omissions,willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without 1unitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such. suit, action or other legal proceeding. Recipient shall reirnbutse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal exponses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3,6 Entire_Contract/Modification. This Agreement contains the entire agreement of the Parties with 'respect to the subject matter hereof, and supersedes all - prior. negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered,modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the f { CITY OF SANTA ANA DONATION AGRniVII♦aN'I' Page 3 of 5 individuals who have signed this Agreement have the legal power, right, and authority to mare this Agreement bind each respective Paily. [signatures to follow] I i CITY OF SANTA ANA DONATION AGREEMENT Page 4 of S IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. A ST CITY ANTA [ ani� R ALVAR O NUNEZ C ty le k City Manager I APPROVED AS TO FORM: SOMA R. CARVALHO ARTIST: j City Attorney By: u Andrea Garcia Name:Elizabeth Cardenas Senior Assistant City Attorney Attn: Artsy 101 a Address: 2138 Maple St City,CA Zip: Santa Ana,CA 92707 RECOMMENDED FOR APPROVAL: c MICHAEL L. GARCIA Executive Director,Community Development Agency a i COY OF SANTA ANA DONATION AGizurmi';NT Page 5 of 5 EXHIBIT A Request for Donation Funds f f f F City of Santa Ana Powered by Submiltable _ _...... .. .. .. .._...... ._.- .............. Title as 13 03/10/2026 by Elizabeth Cardenas in Arts &Culture -Special id. 53444697 Event Sponsorship Request Form (SESRF) 2025.2026 create@artsy101,com Original Submission 03/11/2026 Score n/@ Name of Primary elizabeth Contact cardenas Contact Title Manager Name of Entity Art8y101 LILAC (organization, business, neighborhood association) Check the box that. ... Farw�.....,..-.k_.._LL._._�...�.......�._�._..__,..._............�.__._..... ._....__..,..-.r_�._._. _.. .....�...._,...-____- profit Business (retail, gallery, restaurant, etc.) applies to your entity: Additional Applicant Artsy101t.I..0 Names (if applicable) Physical Address 2138 Maple St Santa Ana CA 92707 us 33.718169 -117.864507 Mailing Address 2138 Maple St Santa Ana CA _ 92707 us 33.718169 -117.864507 Phone +17144255364 Email create@aftyl0l.com Website www.artsyl0l.com Event Name/Title Arte En Comunidad Series 3 -Arte En El Parque Event Date(s) 5116/2026, 6/20/26, 7/18/2026 .......... ..............._......... - .__.._.._._...- . Is this event FREE Yes and OPEN to the public? Event Location(s) Delhi Park ~ Letter/Email from Property Owner(for public art Installations, murals, use of city parks, use of spaces for workshops, etc.) What city ward(s) will Ward 6 the event be located (click on link below to , find wards)? Nun-ber of expected 60- 100 j attendance for your event Brief Description of Arte En Comunidad Series 3 -Arta En El Parque is designed to amplify arts Project accesibility to the local delhi community by providing a public space for creative art practice. Our previous series 1 &2.Were held inside Delhi Center however, this now series is focused on bringing the art studio setting closer to the public in an outdoor setting at Delhi Park. Arte en Comunidad, Series 3 -Arte En El Parque will continue to activate the community space wWi unique multi generational art workshops. Series 3 will focus on fiber art as social commentary. Describe the Arte En Comunidad Series Workshops have been a safe space for _ community benefits community to gather and create in a communal setting with experienced art of this event facillitors as guides through each workshop. Regular and consistent community art programs foster social cohesion, Improve mental health, and boost local economies by creating shared identities and reducing isolation. Programs like Arte En Comunidad build trust, enhance civic engagement, improve youth academic outcomes, and i transform public spaces into vibrant, inclusive hubs. Artsy101 will continuing to provide Arte En Comunidad in the Delhi-Neighborhood by offering workshops and a consistent presence in each 3 part series, This will be our.3rd series designing accessible art programs that are created by local artists that understand the dynamic of the city and neighborhood. Our first series we were proud to include The City of Santa Ana as a sponsor on our event announcements, in this 3rd series it would be our honor to include that this event is sponsored in part by the City Of Santa Ana, Amount Requested 5220 Proposed Use of Park Event Permit=$150 I Funds 2 Art Facilitators, 3 hours a@$30 per hour= $180 Snacks & Refreshments (Hydration): $200 Table &Chair Rentals: $300 Tent/Canopy: $360 Signage: $100 Promotional Flyers/Posters (Dry Erase): $150 Art Material: $300 $1740 each event day (3) 3 dates Total: $5220 By submitting this I agree application, I have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: hftps://www.santa- ana.org[speclal- event-sponsorship- prograrrV ana.orglspeclal- event-sponsorship- proc3ram i I i i