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Home My WebLink AboutAVANTGARDEN-THE ART GALLERYCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments of any) are no longer in effect. Dote: if your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-152D if you have any questions. The agreement with N-2D22-D88 m No. was completed on (List all amendments. Use space below if needed.) Bagreementslfarmslform - agreement termination form_goldenrod.doc COTC Office Use Only C2-c)Z2 City ClerWs office and final payment has been made. Department: Cal Phone/Ext.: P Signature: Date:-� �� INSURANCE NOT REQUIRED WORK MAY PROCEM CLERK OE 00111101 1 N-2022-088 DA74 a,(FO - co k C�) CITY OF SANTA ANA r1TW//11) 0 DONATION AGREEMENT N N1. PARTIES AND DATE e. C. This Donation Agreement ("Agreement") is made and entered into this 9th day of March, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and Q existing under the Constitution and the laws of the California ("City"), and AvantGarden-The Art Gallery ("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 Grand Opening of enlarged AvantGarden-The Art Gallery with student classes, artist workshops, and artist work space ("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 providing a quieter, non -alcohol -driven safe space where youths and older adults can get together to enjoy the arts and participate in classes and other art activities. The event will introduce the public to an available space in the heart of downtown to study, paint, or work with computers at scheduled times during the day. 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 SIX HUNDRED, SEVENTY-TWO DOLLARS ($672) 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 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, 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. CITY OF 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 injury, the City may, in its sole discretion, require Recipient to provide certain insurance 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. 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 harmless 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 limitation 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 reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses 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 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 5 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY or SANTA ANA N-2022-088 DONATION AGREEMENT Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Daisy"7001 NOW Clerk7oft',�,Fr,� 771 he Council APPROVED AS TO FORM: SONIA R. CARVALHO City Att0 gy. U 1 Ryan O. dg Assistant ity Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Kristine Ridge City Manager ARTIST: Sign / Print Name:/ -At � / c-e l�n /�3�.r zi Address: �fi °- ��✓T/_s'�o.�Pad Steven A. Mendoza Assistant City Manager Executive Director, Community Development Agency CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 EXHIBIT A Request for Sponsorship Funds City of Santa Ana Powered by Submidable V Title 0066 by Laura Robinson in Arts & Culture - Special Event Sponsorship Request Form (SESRF) - 2021 laura7777@att.net Original Submission Name of Primary Laura Contact Robinson Contact Title Gallery Director/Owner Name of Entity AvantGarden the Art Gallery (organi7ation, business, neighborhood association) Check the box that For -profit Business (retail, gallery, restaurant, etc.) applies to your entity: Additional Applicant Names (if applicable) Physical Address 417 112 North Broadway St. 02/08/2022 id. 22521389 02/08/2022 Santa Ana CA 92701 us Mailing Address 417 1/2 North Broadway St. Santa Ana CA 92701 us Phone +19492802673 Email laura7777@att.net Website www.avantgardenoc.com Event Name/Title Grand Opening of enlarged AvantGarden Gallery with student classes, artist workshops, and artist work space. Event Date(s) May 7-8, 2022 Saturday and Sunday, 12-4pm Is this event open to Yes the public? Event Location(s) 417 North Broadway, Santa Ana, CA 92701 What city ward(s) will Ward 5 the event be located (click on link below to find wards)? Number of expected 300+ attendance for your event Brief Description of We would like to enlarge and refit AvarrtGarden Gallery for student Project classes, artist workshops, and artist work space. Describe the The downtown needs quieter, non -alcohol -driven safe spaces for community benefits people to pursue other interests. What we would like to develop is a of this event place where kids and/or older adults can get together and enjoy the arts and participate in classes and art activities. We will also create time in a quiet place to study, paint, or work with computers, at different times of the day, on a set schedule. Amount Requested 5000.0 Proposed Use of AvarrtGarden has been active in the community of downtown Santa Funds Ana since the mid 1990s. We were located in the Santora Building before moving to our current location. We would like to expand our public outreach and to create an environment that can support functions of artists other than just displaying their artwork. We would like to offer artists a safe place to provide classes, workshops, and performances, as well as work space. We will require renovations, furniture, advertising, and communications before celebrating our re- opening reception on May 7-8. Listing of expenses: Purchase of folding tables and covers 10 x $ 50 = 500 Purchase of folding chairs 40 x $25 = 1000 Wall paint 500 Gallery lighting enhancement 700 Storage cabinets 300 Construction for storage of chairs & tables 500 Food & drink for opening event 400 Music for opening event 300 Advertising and cards 300 Art supplies and internet enhancement 300 Cleaning 200 TOTAL $5000 By submitting this I agree application, 1 have read and agree to be bound by the terms and conditions of the Sponsorship Policy found on the website: https://www. santa- ana.org/cd/arts- culture-offi ce/special- event-sponsorship- policy