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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CITY CLERK <br />DATE. JAN 0 8 Z0Z4 <br />p. cnr,C�l <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />1. PARTIES AND DATE <br />N-2024-007 <br />This Donation Agreement ("Agreement") is made and entered into this 15" day of <br />November, 2023, by and between the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and the laws of the California ("City"), and Dance <br />Arts Academy OC ("Recipient"). City and Recipient are sometimes individually referred to as <br />"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 with "Todos Unidos," a public cultural arts showcase ("Community Benefit"). The <br />Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. <br />The Parties wish to enter into this Agreement to establish the terms and conditions under which the <br />City will provide funding. <br />2.2 Public Purpose. The City believes there is a public purpose in celebrating cultural <br />heritage and contributions from the African American and LatinX communities through dance, <br />music, and spoken word. The event will foster creativity and self-expression in youths while also <br />exposing them to critical conversations about social justice. The foregoing is a general description of <br />the public purpose, and is not necessarily the only public purpose to be gained from the Community <br />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 />FIVE THOUSAND, SIX HUNDRED DOLLARS ($5,600) for this event because the City has <br />determined that there is a public purpose to be served in supporting the Community Benefit. In <br />executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the <br />purpose described and subject to the terms and conditions provided for in this Agreement. Should <br />Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this <br />Agreement, City shall have the right to terminate this Agreement and demand the return of the funds <br />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 unless and until terminated by the City. The City has the right to <br />terminate this Agreement upon one 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 well as interest at the rate of ten percent (10%) per annum. <br />Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any <br />expiration or termination of this Agreement. <br />