ANAHEIM TRANSPORTATION NETWORK 1-2015

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INSURANCE HOT REQUIRED N -2015 -112 WARK M&Y OROXFFO CLERK 31 COUNCIL DATE JUN 2 6 2016 0 CpA6') CITY OF SANTA ANA ck'ai + )a&" DONATION AGREEMENT WITH ANAHEIM TRANSPORATION NETWORK 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on June 1, 2015, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City") and the Anaheim Transportation Network, a California private, non - profit transportation management organization ("Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in the development and implementation of a route of the clean fuel public transit system, known as the Anaheim Resort Transportation ( "ART "), from The Anaheim Resort geographic area to the City of Santa Ana C "Community Benefit "). 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 the Community Benefit because it will bring tourists and economic development to the City of Santa Ana, The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit, 3. TERMS AND CONDITIONS 3.1 Use of funds. The City has chosen to provide Recipient with Five Thousand Dollars {$5,000.00} because the City has detcrnained that there is a public purpose to be served in supporting the Community Benefit. $2,500.00 shall be paid on behalf of Downtown Incorporated and the other $2,500.00 shall be paid on behalf of the Santa Ana Business Council, Inc. in support of the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the ternis 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 3.2 below. 3.2 Term, Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. 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.