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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS <br />1. PARTIES AND DATE <br />This Donation Agreement ( "Agreement ") is entered into on NOVEMBER 15, 2016 by and <br />between the City of Santa Ana, a municipal corporation ( "City ") and the SANTA ANA HIGH <br />SCHOOL MARCHING BAND BOOSTERS, a California 501(c)3 NON - PROFIT <br />ORGANIZATION ( "Recipient "), City and Recipient are sometimes individually referred to as <br />"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 HOSTING SANTA ANA HIGH SCHOOL'S WINTER CONCERT ( "Community <br />Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions render <br />which the City will provide ftinding. <br />2.2 Public Propose, The City, by recommendation of COUNCILMEMBER ROMAN <br />REYNA, believes there is a public purpose in supporting the Community Benefit because it will <br />PROMOTE THE APPRECIATION OF MUSIC AND PROVIDE A WELL- ROUNDED <br />LEARNING EXPERIENCE FOR STUDENTS. The foregoing is a general description of the <br />public purpose, and is not necessarily the only public purpose to be gained from the Community <br />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 event that will be held on Wednesday, December <br />14, 2016, because the City has determined that there is a public purpose to be served in supporting <br />the Community Benefit, In executing this Agreement and receiving the funds, Recipient agrees to <br />use the Rinds only for the purpose described and subject to the germs and conditions provided for in <br />this Agreement. Should Recipient fail to use the Rinds for such purpose or otherwise comply fully <br />with the terms of this Agreement, City shall have the right to terminate this Agreement and demand <br />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 through Recipient's full 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 />terminate this Agreement, it shall also have the right to demand the immediate return of all Rinds <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 />Exhibit 2 <br />r•- <br />