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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH GRIZZLY ATHLETIC 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, GRIZZLY ATHLETIC 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 PROVIDING A SUMMER CAMP TO HELP STUDENTS BUILD ATHLETIC <br />SKILLS AND ABILITIES ("Community Benefit"), The Parties wish to enter into this Agreement <br />to establish the terms and conditions under which the City will provide funding. <br />2.2 PubIic Propose. The City, by recommendation of COUNCILMEMBER SAL <br />TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will <br />HELP STUDENTS ENGAGE IN CONFIDENCE AND CHARACTER -BUILDING. The <br />foregoing is a general description of the public purpose, and is not necessarily the only public <br />purpose to be 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 that will <br />begin on Thursday, June 21, 2016, 'because the City has determined that there is a public purpose to <br />be served in supporting the Community Benefit. In executing this Agreement and receiving the <br />funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and <br />conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or <br />otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this <br />Agreement and demand the return of the funds 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 fiords 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 />