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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH JAGUAR DIAMOND BOOSTER CLUB <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on MAY 3, 2016 by and between <br />the City of Santa Ana, a municipal corporation ("City") and JAGUAR DIAMOND BOOSTER <br />CLUB, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient <br />are sometimes individually referred to as "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 in ENHANCING EXISTING BASEBALL FIELDS AND PROVIDING <br />ADDITIONAL BASEBALL EQUIPMENT ("Community Benefit"). The Parties wish to enter <br />into this Agreement to establish the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SAL <br />TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will <br />MAINTAIN AND STRENGTHEN THE SHILLS OF STUDENT ATHLETES. The foregoing is <br />a general description of the public purpose, and is not necessarily the only public purpose to be <br />gained from the Community 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 />TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) for an ongoing program, because the <br />City has determined that there is a public purpose to be served in supporting the Community Benefit. <br />In 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 />3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the <br />City determines that the funds will be used for a purpose which may cause a significant risk of <br />injury, the City may, in its sole discretion, require Recipient to provide certain insurance and <br />2OITS <br />