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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH CHARLES W BOWERS MUSEUM CORPORATION <br />PARTIES AND DATE <br />This Donation Agreement ( "Agreement ") is entered into on JUNE 21, 2016 by and between <br />the City of Santa Ana, a municipal corporation ( "City ") and CHARLES W BOWERS MUSEUM <br />CORPORATION, a California 501(c)3 NON- PROFIT ORGANIZATION ( "Recipient "). City <br />and 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 SUPPORTING THE ACTIVITIES OF THE LATIN AMERICAN ARTS <br />COUNCIL OF BOWERS MUSEUM PERTAINING TO THE EXHIBIT "VIRGIN OF <br />GUADALUPE: IMAGES IN COLONIAL MEXICO" ( "Community Benefit "). The Parties wish <br />to enter into this Agreement to establish the terms and conditions under which the City will provide <br />funding. <br />2.2 Public Purpose, The City, by recommendation of MAYOR PRO TEM VICENTE <br />SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it <br />will PRESENT PROGRAMS AND EXHIBITS THAT DISPLAY THE ARTS AND CULTURE <br />OF LATIN AMERICA. The foregoing is a general description of the public purpose, and is not <br />necessarily the only public 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 />ONE THOUSAND DOLLARS ($1,000) for an ongoing event, because the City has determined that <br />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 terms 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 />12 Term; Termination of Agreement. This Agreement shall take effect on the date first <br />above written and remain in effect through Recipient's fall expenditure of the funds. The City has <br />the right to terminate this Agreement upon one day's notice, with or without cause. Should the City <br />tenminate this Agreement, it shall also have the right to demand the immediate return of all funds <br />provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) <br />per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />1 <br />Exhibit 2- <br />25Q -5 <br />