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A-2016-157 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH SANTA ANA UNIDOS BOXING CLUB <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on JUNE 21, 2016 by and between <br />the City of Santa Ana, a municipal corporation ("City") and SANTA ANA UNIDOS BOXING <br />CLUB, a California 501(e)3 NON-PROFIT ORGANIZA"TION ("Recipient"). City and Recipient <br />are 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 AN AFTER-SCHOOL BOXING PROGRAM ("Community Benefit"). <br />The Parties wish to enter into this Agreement to establish the terms and conditions under which the <br />City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of MAYOR PRO TEM: VICENTE <br />SARMIEN'TO, believes there is a public purpose in supporting the Community Benefit because it <br />will DEVELOP GOOD CITIZENSHIP IN URBAN YOUTH THROUGH A DEMANDING <br />BOXING PROGRAM, AS WELL AS PROVIDE STRONG ACADEMIC SUPPORT AND A <br />CONNECTION TO THE COMMUNITY THROUGH VOLUNTEER SERVICE <br />OPPORTUNITIES. The foregoing is a general description of the public purpose, and is not <br />necessarily the 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 />ONE THOUSAND DOLLARS ($1,000) for a past event that was held on Thursday, June 9, 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 Agrecment 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 (ally with <br />the terms 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 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°1x) <br />per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />