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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />TE-KENJUTSU-KAN KARATE -DO <br />PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on NOVEMBER 20, 2018 by and <br />between the City of Santa Ana, a municipal corporation ("City") and TE-KENJUTSU-KAN <br />KARATE -DO, a Califomia 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and <br />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 THE 16TH ANNUAL ADLAWAN CUP FOOD DRIVE KARATE <br />CHAMPIONSHIP AT SEGERSTROM HIGH SCHOOL WHICH WAS HELD ON <br />NOVEMBER 11, 2018. ALL COMPETITORS DONATED GOODS TO GIVE TO THE <br />WISEPLACE WOMEN'S SHELTER ("Community Benefit"). The Parties wish to enter into this <br />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 SOLORIO, <br />believes there is a public purpose in supporting the Community Benefit because it PROVIDES AN <br />OPPORTUNITY FOR YOUTH AND FAMILIES TO GIVE BACK TO THEIR <br />COMMUNITY, BRING AWARENESS TO THOSE IN NEED, AND BENEFITS OUR <br />YOUTH IN TEACHING THEM THE VALUE OF COMMUNITY SERVICE. The foregoing <br />is a general description of the public purpose, and is not necessarily the only public purpose to be <br />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 />FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public <br />purpose to be served in supporting the Community Benefit. In executing this Agreement and <br />receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to <br />the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for <br />such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to <br />terminate this Agreement and demand the 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 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 />2LXFIBIT <br />9A -i 3 <br />