25A - AGMT - DONATION FAMILY DAY

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CITY OF SANTA ANA DONATION AGREEMENT WITH MAGIC INC. ACADEMY OF THE ARTS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on SEPTEMBER 6, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and MAGIC INC. ACADEMY OF THE ARTS, a California 501(c)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 HOSTING A FAMILY DAY COMMUNITY BLOCI{ FESTIVAL ( "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 PROMOTE ARTS ADVOCACY AND RAISE ACADEMIC EXPECTATION THROUGH YOUTH EMPOWERMENT TO ACHIEVE LIFELONG SUCCESS THROUGH ENCOURAGING AND PROMOTING THE CREATION, APPRECIATION, AND PARTICIPATION OF THE' ARTS. 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. TERNS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of FIVE HUNDRED DOLLARS ($500) for an event that will be held on Saturday, September 24, 2016, 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 funds 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 return of the funds pursuant to Section 3.2 below. 3,2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. 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 fiends 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 tennination of this Agreement. EXHIBIT 2 25A -5