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A- 2005- 078 -044 <br />INSURANCE NQ_ 0N :-;I_E <br />WORK MAY -- VOT I PROCEED 5105 <br />CLERK Of COUNCIL <br />DATE: B11 gj05 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />TKO YOUTH FOUNDATION FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />This Agreement, is hereby made and entered into this 10th day of June, 2005, by and <br />between the City of Santa Ana, a charter city and municipal corporation of the State of California <br />( "CITY ") and TKO Youth Foundation, a California nonprofit corporation ( "SUBRECIPIENT "). <br />WITNESSETH <br />Recitals: <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") <br />Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG <br />funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />( "CDBG REGS "); and <br />B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the <br />Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "); and <br />C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY <br />to receive CDBG funds and administer such financial assistance; and to provide the services <br />described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter <br />referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate <br />said program and certifies that the activities carried out with funds provided under this Agreement <br />will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). <br />D. SUBRECIPIENT agrees that it will adhere to the performance measurements and <br />outcomes as indicated on Exhibit B (Scope of Work). Failure to follow the measurements and <br />meet the stated outcomes may constitute breach of contract that could result in termination of <br />this Agreement or serve as reason for the City to recapture the grant funds awarded to <br />SUBRECIPIENT pursuant to this Agreement. <br />E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of <br />such funds; and <br />WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a <br />substantive part of this Agreement and the following terms and conditions are approved and <br />together with all exhibits and attachments hereto, shall constitute the entire Agreement between the <br />CITY and SUBRECIPIENT: <br />