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A-2016-216 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on OCTOBER 6, 2015 by and <br />between the City of Santa Ana, a municipal corporation ("City") and TEMPLO CALVARIO <br />COMMUNITY DEVELOPMENT CORPORATION, a California 501(c)3 NON-PROFIT <br />ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as <br />"Party" and collectively as "Parties" in this Agreement. <br />2, RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with fanding to assist <br />Recipient in NEIGHBORHOOD CLEANUP AND BEAUTIFICATION ("Community Benefit'). <br />The Parties wish to enter into this Agreement to establish the ternls and conditions under which the <br />City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER P. DAVID <br />BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it <br />will GATHER VOLUNTEERS TO BRING A COMMUNITY BEAUTIFICATION SERVE <br />DAY AND RESOURCE FAIR TO THE PICO-LOWELL NEIGHBORHOOD. 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 ONE THOUSAND, <br />FIVE HUNDRED DOLLARS ($1,500) for an event that was held on Saturday, September 19, <br />2015, because the City has determined that there is a public purpose to be served in supporting the <br />Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use <br />the funds only for the purpose described and subject to the terms and conditions provided for in this <br />Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with <br />the terns of this Agreement, City shall have the right to terminate this Agreement and demand the <br />return of the funds pursuant to Section 3.2 below. <br />3.2 Tenn: Termination of Aayeement. This Agreement shall take effect on the date first <br />above written and remain in effect unless and until terminated by the City. The City has the right to <br />terminate this Agreement upon one day's notice, with or without cause. Should the City terminate <br />this Agreement, it shall also have the right to demand the immediate return of all funds provided to <br />Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. <br />Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any <br />expiration or termination of this Agreement. <br />EXHIBIT 2 <br />