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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH SANTA ANA ATHLETIC FOUNDATION <br />1. PARTIES AND DATE <br />This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between <br />the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA ATHLETIC <br />FOUNDATION, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and <br />Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Agreement. <br />2. RECITALS <br />2.1 CommunityBenefit, The City wishes to provide Recipient with funding to assist <br />Recipient in SUPPORTING A COLLEGIATE WRESTLING PROGRAM ( "Community <br />Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions under <br />which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE <br />MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will <br />HELP SUPPORT THE COMMUNITY 'THROUGH EARLY PREVENTION AND <br />INTERVENTION PROGRAMS FOR YOUTH. The foregoing is a general description of the <br />public purpose, and is not necessarily the only public purpose to be gained from the Community <br />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 />TWO THOUSAND DOLLARS ($2,000) for an ongoing program, because the City has determined <br />that there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the frmds, Recipient agrees to use the funds only for the purpose described <br />and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use <br />the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall <br />have the right to terminate this Agreement and demand the return of the frmds pursuant to Section <br />3.2 below. <br />3.2 Tenn; Termination of Agreement. This Agreement shall take effect on the date first <br />above written and remain in effect through Recipient's full expenditure of the funds. The City has <br />the right to terminate this Agreement upon one day's notice, with or without cause. Should the City <br />terminate this Agreement, it shall also have the right to demand the immediate return of all funds <br />provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) <br />per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />2mit <br />