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CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA MUSIC BOOSTERS FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on APRIL 18, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA MUSIC BOOSTERS FOUNDATION, 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 finding to assist Recipient with THE SANTA ANA UNIFIED SCHOOL DISTRICT'S ARTS AND LITERARY FESTIVAL IN DOWNTOWN SANTA ANA THAT OCCURRED MARCH 4, 2017 ( "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 BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE YOUTH EDUCATION, ENGAGEMENT and POSITIVE LIFE SIULLS. Tlic foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. TERmq AND CONDITIONS 3.1 Use of Funds, 'rho City has chosen to provide Recipient with a one -time payment of TWO THOUSAND DOLLARS ($2,000.00) for the Arts and Literary Festival event, 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 frilly with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the finds 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 fiends. 'rho 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 funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per aimum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 29A -5