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MAY 2 B 20 A-2016-094 <br />Uf'b�n <br />��046 CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH CHARITABLE VENTURES OF ORANGE COUNTY <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on MAY 3, 2016 by and between <br />the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF <br />ORANGE COUNTY, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City <br />and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in HOSTING A SERIES OF MOVIE NIGHTS ("Community Benefit"), The Parties <br />wish to enter into this Agreement to establish the terms and conditions under which the City will <br />provide ,funding. <br />2.2 Public PuMose. The City, by recommendation of COUNCILMEMBER ROMAN <br />REYNA, believes there is a public purpose in supporting the Community Benefit because it will <br />HELP BUILD COMMUNITY BY BRINGING RESIDENTS TOGETHER. 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 a one-time payment of <br />ONE THOUSAND DOLLARS ($1,004) for a series of events to begin on Friday, June 17, 2016, <br />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 terns 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 tenors 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 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 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 Agrecment, 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 />3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the <br />City detennines that the funds will be used for a purpose which may cause a significant risk: of <br />