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CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA MUSIC BOOSTERS FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on April 5, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA MUSIC BOOSTERS FOUNDATION, a California 501(e)3 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 in PROMOTING THE ARTS AND ENCOURAGING YOUTH TO ENGAGE IN EXTRA - CURRICULAR ACTIVITIES ( "Community Benefit "). 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, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will SUPPORT MUSIC AND FINE ARTS PROGRAMS IN SANTA ANA. 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 EIGHT HUNDRED DOLLARS ($800) for an on -going program, 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 fluids for such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to terminate this Agreement and demand the retain of the funds pursuant to Section 3.2 below. 3.2 Tenn Tennination 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. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fluids will be used for a purpose which may cause a significant risk of Exhibit ?_ 25G -5