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A-2016-007 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on JANUARY 19, 2016 by and <br />between the City of Santa Ana, a municipal corporation ("City") and REGENTS OF 'THE <br />UNIVERSITY OF CALIFORNIA AT IRVINE, 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 funding to assist <br />Recipient in HOSTING A TOY DRIVE ("Community Benefit"). The Parties wish to enter into this <br />Agreement to establish the teens and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN <br />REYNA, believes there is a public purpose in supporting the Community Benefit because it will <br />PROVIDE AN OPPORTUNITY TO COLLECT NEW TOYS TO GIVE TO CHILDREN IN <br />THE CITY OF SANTA ANA AND SURROUNDING COMMUNITY. The foregoing is a <br />general description of the public purpose, and is not necessarily the only public purpose to be gained <br />from the Community Benefit. <br />3. TERMS AND CONDITIONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with THREE HUNDRED <br />DOLLARS ($300) for an event that was held on Friday, December 18, 2015, because the City <br />detennined that there was a public purpose to be served in supporting the Community Benefit. In <br />executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the <br />purpose described and subject to the terms and conditions provided for in this Agreement. Should <br />Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this <br />Agreement, City shall have the right to terminate this Agreement and demand the return of the funds <br />pursuant to Section 3.2 below. <br />12 Term: Termination of Agreement. 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 light 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 />33 Waivers, Insurance or Other Obli ag tions. For purposes of the City's protection, if the <br />City determines that the funds will be used for a purpose which may cause a significant risk. of <br />