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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH THE DELHI CENTER <br />1. PARTIES AND DATE <br />This Donation Agreement ( "Agreement ") is entered into on AUGUST 16, 2016 by and <br />between the City of Santa Ana, a municipal corporation ( "City ") and the DELHI CENTER, a <br />California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "), City and Recipient are <br />sometimes individually referred to as "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 SUMMER ENRICHMENT CAMP ( "Community Benefit "). The <br />Parties wish to enter into this Agreement to establish the terns and conditions under which the City <br />will provide funding. <br />2.2 Public Purpose, The City, by recommendation of COUNCILMEMBER MICHELE <br />MARTINEZ, believes there is a public puupose in supporting the Community Benefit because it will <br />ENGAGE YOUTH TO PARTICIPATE IN A MENTORING AND JOB SKILLS TRAINING <br />PROGRAM. The foregoing is a general description of the public purpose, and is not necessarily the <br />only public purpose to be gained 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 />TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) for a program that will begin on <br />Monday, June 20, 2016 and end on Friday, August 19, 2016, because the City has detenmined that <br />there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described <br />and subject to the tennis and conditions provided for in this Agreement, Should Recipient fail to use <br />the fiends for such purpose or otherwise comply fully with the terns of this Agreement, City shall <br />have the right to terminate this Agreement and demand the return of the fiends pursuant to Section <br />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 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 indermification provisions of this Agreement shall <br />survive any 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 determines that the funds will be used for a purpose which may cause a significant risk of <br />;U rx T <br />