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A-2016-143 <br />INSURANCE NO'r REQUIRED <br />1pWORK MAY PROCEED <br />CLERK OF COUNCIL_ <br />nxTP 2 2 2A <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. <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 CHARITABLE VENTURES OF <br />ORANGE COUNTY INC., a California 501(c)3 NON-PROFIT ORGANIZATION <br />("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively <br />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 SUPPORTING WILLARD NEIGHBORHOOD'S COMMUNITY CLEAN-UP <br />EVENT ("Community Benefit"}. The Parties wish to enter into this Agreement to establish the <br />terms 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 />PROMOTE COMMUNITY OWNERSHIP AND PRIDE. The foregoing is a general description <br />of the public purpose, and is not necessarily the only public purpose to be gained from the <br />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 FIVE HUNDRED DOLLARS ($1,500) for a program that occurred on <br />Saturday, June 4, 2016, because the City has determined that there is a public purpose to be served in <br />supporting the Community Benefit. In executing this Agreement and receiving the fronds, Recipient <br />agrees to use the funds only for the purpose described and subject to the terms and conditions <br />provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise <br />comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement <br />and demand the return of the finds 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 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 />3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the <br />City determines that the fiends will be used for a purpose which may cause a significant risk of <br />