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0: CMO (/ <br />Daniel Soto <br />PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />BLACKBOOK SESSIONS INC. <br />N-2017-156 <br />This Donation Agreement ("Agreement") is entered into on JUNE 20, 2017 by and between <br />the City of Santa, Ana, a municipal corporation ("City") and BLACKBOOK SESSIONS INC. a <br />California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are <br />sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. <br />2. RECITALS <br />2.1 CommunityBenefit. The City wishes to provide Recipient with funding to assist <br />Recipient in COLLABORATING WITH THE SANTA ANA ARTIST COALITION TO <br />CONNECT LOCAL ARTIST TO CREATE AND TRANSFORM PUBLIC SPACES INTO <br />ART AND PROMOTE PERSONAL AND SOCIAL CHANGE ("Community Benefit"). The <br />Parties wish to enter into this Agreement to establish the terms and conditions under which the City <br />will provide funding. <br />2.2 Public Purpose, The City, by recommendation of COUNCILMEMBER SOLORIO, <br />believes there is a public purpose in supporting the Community Benefit because it PROVIDES THE <br />OPPORTUNITY TO RESTORE SOME SANTA ANA MURALS AND SUPPORT FOR <br />LOCAL AR'T'ISTS. The foregoing is a general description of the public purpose, and is not <br />necessarily the only public purpose to be gained 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 />ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) because the City has determined that <br />there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described <br />and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use <br />the funds for such purpose or otherwise comply fully with the terms of this Agreement,, City shall <br />have the right to terminate this Agreement and demand the return of the 'funds pursuant to Section <br />3.2 below, <br />3.2 Tenn; 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 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 termination of this Agreement, <br />EXHIBIT 2 <br />