DONATION AGREEMENT
FOR THE AMERICA 250 PLAQUE
This DonationAgreement ("Agreement")ismade and entered into this14th day of April,2026 ("EffectiveDate") by and between NEWPORT BEACH FOUNDATION, a Californianonprofitcorporation("Donor"),and the CITY OF NEWPORT BEACH, a Californiamunicipalcorporationand chartercity("City"or "Donee"). Itishereby agreed by and between the partiesas follows:
1. For valuableconsideration,the receiptand adequacy of which are hereby acknowledged, Donor shalldonate the Funding, as defined below, to the City for commission ofthe Plaque.The Cityhereby acceptsthe donation subjectto the terms and conditionssetforthinthisAgreement.
2. Donor, attheirsolecostand expense, shallprovidethe Funding to the City for the commission of a plaque memorializingAmerica's 250th year anniversaryof independence, an event that commemorates the signing of the Declaration of Independence in 1776 which established the nation'sindependence from Great Britain ("Plaque").
3. The Plaque shallbe substantiallysimilarto the design attached hereto as Exhibit"A"and incorporatedhereinby thisreference.Citywarrantsthatthe Plaque shall be constructed of materials and finish commensurate with industrystandards ready for permanent settinginconcrete and durable againstvandalism, theft,weather, and safe for viewing and interactionby the general public.
4. Donor shall donate Four Thousand Eight Hundred Dollars and 00/100 ($4,800.00)to the Cityfor the purpose of offsettingthe City's materials, labor and administrativecosts to constructa concrete footingfor installationand display of the Plaque, which shallbe due and payable to the Citypriorto commencement of work by the City("Funding").
5. All right, title,and interestinthe Plaque shallvest exclusivelyin the City.
Donor hereby relinquishesany legalclaimor rightof controlover the Plaque, includingits maintenance, location,or continued display,except as otherwise expressly provided in thisAgreement.
6. Cityagrees to publiclydisplaythe Plaque fora minimum of one hundred (100) years from the EffectiveDate ofthisAgreement ("Term").Ifthe City electsto move the Plaque during theTerm, the Cityshall,atitssole costand expense, installthe Plaque upon otherpublicpropertyopen to the general publicand willmeet and confer with the Donor to identifya new location.
Donation Agreement -America's 250 Anniversary Plaque Page 1 Attachment A
7. For the durationofthe Term, Cityagrees to periodicallyclean the Plaque to standards commensurate with the publiclydisplayedart,plaques and memorials in the vicinity("Maintenance"). Maintenance shall be limitedto environmentally safe soap, water,wax and hand brushingor scrubbing.
8. Donor shall,at Donor's sole cost and expense, execute and deliver such further documents and instruments and shall take and do any and allfurtheracts as may be requiredforcarryingout the intentand purpose of thisAgreement.
9. Citymakes no representationsregardingwhether Donor may claim a tax deduction inconnection with thisAgreement. Donor isadvised to consultwith a qualiifed tax professionalinconnection therewith.
10. This Agreement shallbe bindingand inureto the benefitof the parties,their successors, assigns and personal representatives.This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto,and allpreliminarynegotiationsand agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
11. In the event there are any conflictsor inconsistencies between this Agreement and any attachments hereto,the terms of thisAgreement shallgovern. Ifany term or portionof thisAgreement isheld to be invalid,illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of thisAgreement shall continue in fullforce and effect.
12. The laws of the State of Californiashallgovern thisAgreement and all matters relatingto it and any action brought relatingto this Agreement shall be adjudicated in a court of competent jurisdictionin the County of Orange, State of California.
13. Inthe event of any disputeor legalactionarisingunder thisAgreement, the prevailingparty shallnot be entitledto attorneys'fees.
14. This Agreement may be executed intwo (2)or more counterparts,each of which shallbe deemed an originaland allof which together shallconstituteone (1)and the same instrument.
[SIGNATURES ON NEXT PAGE]
Donation Agreement -America's 250 AnniversaryPlaque Page 2 IN WITNESS WHEREOF, the partieshave caused thisAgreement to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '{/Wf2(n,{i
By: L fw
Aaron C. Harp Ot 0\-
CityAttorney
CITY: CITY OF NEWPORT BEACH,
a Californiamunicipal corporation
Date:
By:
Lauren Kleiman
Mayor
ATTEST:
Date:
DONOR: NEWPORT BEACH FOUNDATION,
a Californianonprofitcorporation
Date:
By:
Lena Shumway
CityClerk
By:
Antonella Castro
Chief Executive Officer
Date:
By:
KellyGalligan
Secretary
[END OF SIGNATURES]
Attachments: ExhibitA - Depictionof Plaque
Donation Agreement -America's 250 Anniversary Plaque Page 3
EXHIBIT A
DEPICTION OF PLAQUE
DonationAgreement- America's250 AnniversaryPlaque Page A-1 Height: 12"
Width: 15"