29A - DONATION - JAGUAR BOOSTER - Laserfiche WebLink

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CITY OF SANTA ANA DONATION AGREEMENT WITH JAGUAR DIAMOND BOOSTER CLUB 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on FEBRUARY 7, 2017 by and between the City of Santa Ana, a nunicipal corporation ( "City ") and JAGUAR DIAMOND BOOSTER CLUB, a California 501(e)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 BASEBALL GAME ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide finding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SAL TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE HEALTH AND WELLNESS BY PROVIDING AN OPPORTUNITY FOR STUDENTS TO ENGAGE IN PHYSICAL ACTIVITY AND SPORTS. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Comirramity Benefit, 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of TWO THOUSAND DOLLARS ($2,000) for an event that will be held on Friday, March 17, 2017, 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 terms 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 finds provided to Recipient puursuant 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. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of EXHIBIT L 29A -5