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CITY OF SANTA ANA <br />O DONATION AGREEMENT <br />WITH ORANGE. COUNTY COMMUNITY FOUNDATION <br />1. PARTIES AND DATE <br />fl 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 ORANGE COUNTY COMMUNITY <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 />4 Agreement. <br />2. RECITALS <br />V <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in DELIVERING SCHOOL, ART, AND PROGRAM SUPPLIES TO AT -RISK <br />YOUTH THROUGH THE SANTA ANA POLICE ATHLETIC AND ACTIVITY LEAGUE <br />PROGRAM" (`Community Benefit"), The Parties wish to enter into this Agreement to establish <br />the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of MAYOR PRO TEM VICENTE <br />SARM.IENTO, believes there is a public purpose in supporting the Community Benefit because it <br />will PROVIDE A COMPREHENSIVE COMMUNITY PROGRAM THAT FOCUSES ON <br />BUILDING A BOND BETWEEN YOUTH AND POLICE THROUGH EDUCATION AND <br />FITNESS ACTIVITIES. 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. TERNIS AND CONDITIONS <br />31 Use of Funds. The City has chosen to provide Recipient with a one-time payment of <br />SIX HUNDRED DOLLARS ($600) for an ongoing event, because the City has determined 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 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 funds 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 indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />1 <br />