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A- 2016 -182 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. <br />r) 1. PARTIES AND DATE <br />4 <br />Chi This Donation Agreement ( "Agreement ") is entered into on JULY 5, 2016 by and between <br />4 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 />Ej ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively <br />as "Parties" in this Agreement. <br />v <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in SUPPORTING WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION'S <br />V 0°DINNER UNDER THE STARS" EVENT TO BUILD COMMUNITY AMONG RESIDENTS <br />( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and <br />conditions under 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 />ENCOURAGE COMMUNITY - BUILDING. The foregoing is a general description of the public <br />purpose, and is not 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 an event that will be held on Saturday, July 30, 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 Agreement and receiving the funds, Recipient agrees to use <br />the funds only for the purpose described and subject to the terms and conditions provided for in this <br />Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully 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 %) <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 funds will be used for a purpose which may cause a significant risk of <br />