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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSUR� NCEEXPIRES O l !I 1 Zazz C KOFCOUNCIL A-2021-187 FACILITY USE AGREEMENT WITH TKO YOUTH FOUNDATION FOR USE OF N THE FITNESS ROOM AT JEROME COMMUNITY CENTER aq THIS FACILITY USE AGREEMENT ("Agreement") is dated September 21, 2021 and is entered into between the CITY OF SANTA ANA, a charter city and municipal corporation ("City") and TKO Youth Foundation ("TKO"), a California non-profit corporation. City and TKO also collectively referred to herein as "the Parties." O gec-�La✓x) (Su) I RECITALS 4 A. The City is the owner of Jerome Community Center located at 726 South Center Street in the City of Santa Ana; and B. TKO is a non-profit California corporation founded in 1994 whose purpose is to serve as a gang prevention and after school youth program; and C. TKO has been training local Santa Ana youth in boxing for two decades and offers educational support including scholarships. TKO's mission is to challenge the youth in their program to achieve their academic and athletic potential; and D. TKO requires participants in its program to maintain a minimum grade point average and monitors their academic performance; and E. City acknowledges the community need for programs such as those offered by TKO that encourage Santa Ana youth to engage in sports and offer supervised activities in a safe environment after school. NOW THEREFORE, in consideration of mutual covenants herein contained, the Parties do hereby promise and agree as follows: 1. The City hereby grants to TKO the limited right to use the Fitness Room in the City's Jerome Community Center to provide boxing classes, training, to hold periodic tournaments and for equipment storage pursuant to the terms of this Agreement. Attached as Exhibit A and incorporated herein by reference is a diagram of the City's Jerome Community Center identifying the location of the Fitness Room ("Fitness Room.") 2. Term. The term of this Agreement shall begin on the date set forth above and end on September 21, 2023 unless terminated pursuant to Sections 14 or 16 of this Agreement. 3. Consideration. City acknowledges the public benefit provided by TKO to the youth of the City of Santa Ana through its program and the fact that, TKO is a non-profit corporation with 501(c)(3) status. Starting September 1, 2022, TKO will pay to City a fee for use of the Fitness Room, per month, as determined by the City's Facility Use Agreement With TKO Youth Foundation