HomeMy WebLinkAboutMUSICIANS' CLUB OF ORANGE COUNTY (2) I;dSM "JU ?SOT REQUIRED N-2026-129
WORK Mk PROCEED
CITY CLERK
DATE: .SUN 0 2 2026
OW t 60
v Lp—00 CITY OF,SANTA ANA
DONATION AGREEMENT
1, PARTIIls AND DATE
This Donation Agreement ("Agreement") is made and entered into this 19th day of April,
2026,by and between the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and the laws of the California ("City"), and Musicians' Club of
Orange County {Recipient'). City and Recipient are sometimes individually referred to as "Party"
and collectively as "Parties"in this Agreement.
2. REaTA.I.s
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient with "Local 7 Open House & Summer Concert Series" ("Community Benefit"). The
Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference.
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 believes there is a public purpose in supporting a free I
summer concert series that fosters community connection, youth education, and cultural enrichment,
while providing financial supports to musicians, revitalizing Main Street, increasing local economic I
activity, and strengthening Santa Ana's creative economy. The foregoing is a general description of E
the public purpose, and is not necessarily the only public purpose to be gained from the Community
Benefit.
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3. TERMS AND CONDITIONS j
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of i
Eight Thousand, One Hundred, Sixty-Seven dollars ($8,167) for this event because the City has
deternvned 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 fiends 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 below.
3.2 Term, Termination of Agreement. This Agreement shall tape effect on the date first
above written and remain in effect until completion of the Community Benefit as detailed in Exhibit
A, or one year from the commencement date of this Agreement, whichever is earlier. The City has
the right to terminate this Agreement upon one day's notice,with or without cause, in the City's sole
discretion. 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 annum. Notwithstanding the foregoing, the indemnification
provisions of this Agreement shall survive any expiration or termination of this Agreement.
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DONATION AGRrmsmiEi NT
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3.3 Waivers hisurance 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 I injury, the City may, in its sole discretion, require Recipient to provide certain insurance
requirements and participant waiver/release protections. This right shall be ongoing and may be
implemented by the City at any time, and all insurance and waiver/release forms shall be provided on
forms,in amounts and with provisions acceptable to City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient. The City reserves the light to request documentation and/or
additional details from the Recipient demonstrating how sponsorship funds were used.
3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity,to property or persons,including wrongful,death, in any
manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities
of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without limitation the payment of all consequential damages and attorneys' fees and other related
costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole
negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at
Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that
may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any
such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation
to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its
is officers, employers, aguffts or volun eery, 0 ind faatlon provisions of-this
Agreement shall survive any expiration or termination of this Agreement.
3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. The terms and conditions of this Agreement may be altered,modified
or amended only by written agreement signed by both Parties.
3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient j
represents and warrants that the Recipient has all requisite power and authority to conduct its
business and to execute, deliver and perform this Agreement. Each Party warrants that the
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CITY OF SANTA ANA
DoNATioN A.GRREMENT
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individuals who have signed this Agreement have the legal power, right, and authority to make,this
Agreement Bind each respective Party.
[signatures to follow'
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST: CITY OF��A ANA
66'
.IENNIFE ALVARO NUNEZ
Ci Cl.e City Manager
APPROVED AS TO FORM:
SONIA R.CARVALHO ARTIST:
City Attorney Tam rYl Digitally signed by
I Y Tammy Noreyko
l C� cZ N O r kQ Date:2026.05.12
By C k � _ 12.49:24-07'00'
Andrea Garcia Name:Tammy Noreyko
Senior Assistant City Attorney
Attu: Musicians Club of Orange County
Address: 2050 S Main St
City,CA Zip: Santa Ana,CA 92707
RECOMMENDED FOR APPROVAL:
lot
MICHAEL L. GARCIA
Executive Director, Community Development Agency
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DONATION AGREE,wNT
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EXHIBIT A
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Request for Donation Funds
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City of Santa Ana Powered by Submithble
Title 4035 04/06/2026
by Terran Noreyko In Arts & Culture M Special id. 53766694
Event Sponsorship Request Form (SESRF) -
2025-2026
2050 South Main Street
Santa Ana, California
92707 j
California '
United States
7145468166
terran@ocmusicians.org
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Original Submission 04/06/2026
Scarer1la
Name of Primary Terran
Contact Noreyko
Contact Title Assistant to the President
Nam of Entity Musicians Club of Orange County
(organization,
business,
neighborhood
association)
Check the box that Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant
Names (if applicable)
Physical Address 2060 South Main Street ~~
Sarla.Ana
CA
92707
us
33,720624
-117.868221 '
Mailing Address 2050 South Main Street
Santa Ana
CA
92707
us
33.720624
-117.868221
Phone +17145468166
Emai( terran@ocmusiciatis.org
Website https://www.ocmusicians.orgl
Event Name/Title Local 7 Open House & Summer Concert Series
Event Date(s) June 6th 2026, July 11th 2026, August 15th 2026
Is this event FREE Yes
and OPEN to the
public?
Event Location(s) 2050 S Main Street, Santa Ana, CA 92707
Letter/Email from Property Owner (for public art installations, murals, use of city parks, use of
spaces for workshops, etc.)
2026—Letter from_Propetry_Owner.pdf
What city ward(s) will Ward 6
the event be located
(click on link below to
find wards)?
Number of expected 450 people across three events
attendance for your
event
Brief Description of With a mission to utilize live music as a tool of community connection,
Project youth education, and monetary relief to musicians, the Musicians' Club of
Orange County will be producing a three-concert summer series beginning
with an open house celebrating the re-opening of the Orange County
Musicians Union building. These live performances will celebrate the hard
work and dedication of musicians who provide cultural enrichment and
enhance Santa Ana's vibrant creative economy. These events will occur at
the Milton Foster Concert Hall, the only live music venue on Main Street,
from June through August 2026.
Describe the The Musician's Club of Orange County is a 501c3_organization that aims to
community benefits promote the general welfare of musicians within Orange County and the
of this event greater Long Beach area. Established in 1971 and incorporated in 2018,
our mission is to promote within the general community the value of music
and enrich the livelihood of musicians. We engage in community concerts,
whose funding provides financial assistance to musicians and scholarships
to music education programs and students of music. Our ultimate vision is
to cultivate within Orange County and Long Beach a community narrative
of music appreciation, educational enrichment, and devotion to uplifting the
artists that society turns to when looking for an outlet of joy, grief, and all
emotions in between. The Musician's Club of Orange County aids over 900
members of the Orange County Musicians Union, AFM Local 7 — those of
which this organization provides and will continue to provide assistance to
as we build up the arts community already alive in Santa Ana and Orange
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and Los Angeles County overall.
Our team has thus far been sponsoring a valuable set of community
concerts through the Orange County Legends of Jazz Concort Series and
the Music on Main Street Community Concert Series. There have been
over ten concerts produced throughout 2022-2025.We would like to
continua to offer a concert series free and open to the public, as we did
with the Music on Main Street Series. Featuring musicians of multiple
musical styles and genres, this Summer Concert Series will reintroduce
the downtown Santa Arta community to the beauty, energy, and culture that
live music brings. We will offer a place for musicians and appreciators of
music of all ages to experience, inquire, and celebrate music and music i
education. After finishing renovations in May 2026, the Change County
Musicians Union building will be a hub for musicians to come and rehearse,
find community, and mentor the youth with interest In the arts. Not only
would these young people experience a professional demonstration of their
craft, but all would be celebrated. The environment this concert series will
nurture will promote youth in the arts, build mentorship opportunities, and
provide a space to showcase hard work. Within this environment,
musicianship will be seen as a valid and important livelihood that gathers
people in a unique and necessary way—community will be built In more
ways than one.
The revenue made from these concerts through food and beverage sales
and voluntary donations to the 601 c3 itself will serve the people who
brought it in in the first place. The Musicians' Club of Orange County has
had the specific results of awarding thousands in music scholarships for
students of music, and even more in relief grants for musicians struggling
during and after the COVID pandemic. Our vision is to offer another
concert series that will become a community staple and raise donations to
continue the work of this nonprofit. These events will be a place for all to
experience and become educated on music in a way unlike others, raise
funds to aid the musicians we work Hard to celebrate, and properly i
compensate said musicians who make such art and development possible
within a city brintrning with culture.
This concert series will promote music and art while bringing the conwUnity
together within the Historic South Main Business District. As the Summer
Concert Series moves forward, it will increase the foot traffic In this area of
Santa Ana which, in turn, will increase the revenue in the city, It will also
continue to create a healthy narrative around live music being something to
celebrate together within the Milton Foster Concert Hall—a building that
as served thousands of members of the community throughout the years,
The Musicians' Club of Orange County has always had a background of
solving foundational problems within the live performance occupation.
During COVID, it was almost impossible for musicians to perform safely,
but because of the Musicians' Club, over twenty concerts were able to be
safely performed and streamed online. This solution gave a large
population of workers the ability to keep working and earning, while f€lllnq
the need for the cultural enrichment that was failing away during a time of
great isolation. The Main Street Community Concert Series continued
fostering this enrichment, bringing all kinds of music to the people of Santa
Ana for free.
The Summer Concert Series will also demonstrate this motivation, ensuring
musicians the fair wages they deserve, offering students the chance to
enjoy professional performances, and bringing to the community an
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environment to celebrate art, The Summer Concert Series will supply these
opportunities where they have not been offered before. The community
benefits of these family friendly events include life brought to Main Street, f
education on musicians' livelihoods and legacies, and importance of art,
musio, and culture.
The Musicians' Club of Orange County Invites you to join the 501c3
organization in ensuring musicians' economic prosperity while enriching the
community with a cultural and historical environment for all ages and all
musical styles through the funding of the 2026 Summer Concert Series.
Amount Requested 10000
Proposed Use of Musicians' Payroll including Cartage, Pension, and Payroll Service: -
Funds $5,312.73
Marketing: $750
Advertising: $150
$S�pplies including Refreshments, Paper Products, and Projector Screen:
75
Program Printing: $225
Linen Rental: $300
Concert Hall Fee: $1,500
Staff: $2,260
EVENT SERFS TOTAL: $11,262,73
By submitting this..��._f-agree
application, I have:
read and agree to be
bound by the terms
and conditions of the
Sponsorship policy
found on the website:
https://www.santa-
ana.org/special-
event-sponsorship-
program/
program/ E
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