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INSURANCE NOT REQUIRED <br />WORK MAX PMEED <br />CLERK OF 00(ftic <br />DATE 1FEB 2 1 2o17 <br />C <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH JAGUAR DIAMOND BOOSTER CLUB <br />1. PARTIES AND DATE <br />N-2017-013 <br />This Donation Agreement ("Agreement") is entered into on FEBRUARY 7, 2017 by and <br />between the City of Santa Ana, a municipal corporation ("City") and JAGUAR DIAMOND <br />BOOSTER CLUB, 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 HOSTING A BASEBALL GAME ("Community Benefit"). The Parties wish to enter <br />into this Agreement to establish the terms and conditions under which the City will provide funding. <br />2.2 Public_ Purpose. The City, by recommendation of COUNCILMEMBER SAL <br />TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will <br />PROMOTE HEALTH AND WELLNESS BY PROVIDING AN OPPORTUNITY FOR <br />STUDENTS TO ENGAGE IN PHYSICAL ACTIVITY AND SPORTS. 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 />TWO THOUSAND DOLLARS ($2,000) for an event that will be held on Friday, March 17, 2017, <br />because the City has determined that there is a public purpose to be served in supporting the <br />Community Benefit. In executing this Agreement and receiving the fiends, Recipient agrees to use <br />the funds only for the purpose described and subject to the terms and conditions provided for in this <br />Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with <br />the terms of this Agreement, City shall have the right to terminate this Agreement and demand the <br />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 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 />terminate 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 tennination 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 />