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A-2016-056 <br />C <br />' <br />CITY OF SANTA ANA <br />® DONATION AGREEMENT <br />10 WITH SANTA ANA MUSIC BOOSTERS FOUNDATION <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on April 5, 2016 by and between <br />the City of Santa Ana, a municipal corporation ("City") and SANTA ANA IITUSIC BOOSTERS <br />FOUNDATION, a California 501(e)3 NON-PROFIT ORGANIZATION ("Recipient"). City and <br />Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in PROMOTING THE ARTS AND ENCOURAGING YOUTH TO ENGAGE IN <br />EXTRA -CURRICULAR ACTIVITIES ("Community Benefif'). The Parties wish to enter into <br />this Agreement to establish the terms and conditions under which the City will provide fielding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN <br />REYNA, believes there is a public purpose in supporting the Community Benefit because it will <br />SUPPORT MUSIC AND FINE ARTS PROGRAMS IN SANTA ANA. The foregoing is a. <br />general description of the public purpose, and is not necessarily the only public purpose to be gained <br />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 />EIGHT HUNDRED DOLLARS (5800) for an on-going program, because the City has determined <br />that there is a public purpose to be served in supporting the Community .Benefit. In executing this <br />Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described <br />and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use <br />the funds for such purpose or otherwise comply fully with the terns of this Agreement, City shall <br />have the right to terminate this Agreement and demand the return of the funds pursuant to Section <br />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 tennn2ation 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 />