DOWNTOWN SANTA ANA FARMERS' MARKET (DTSA)-2015

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IkIFTIERM JUN 16 2015 CITY OF SANTA ANA 0: CDA (L2) DONATION AGREEMENT WITH Chi DOWNTOWN SANTA ANA FARMERS' MARKET i. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on June 1, 2015, by and between the City of Santa Ana; a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") and the Downtown Santa Anka Farmers' Market, a California non-profit organization ("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 programming and entertainment at the DTSA Farmers' Market. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding for such program. 2.2 Public. Puryose. The City believes there is a public purpose in supporting the Community Benefit because the DTSA Farmers' Market supports local and regional farmers, provides high quality and fresh products, educates the public on the importance of healthy eating habits, engages the local youth to promote smarter food choices, and creates a community -oriented weekly even that unites the neighborhood, 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 ,e of Funds. The City has chosen to provide Recipient with Seven Thousand, Five Hundred Sollars ($7;500.00) 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 bands pursuant to Section 3.2 below. 3.2 Term Termination of AgrccMent. 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 Agrccment, 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. 3.3 Waivers, Insurance or QthgQbligation�. 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 Scanned by CamScanner