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FACILITIES USE AGREEMENI` BETWEEN CITY OF SANTA ANA AND DELHI CENTER THIS FACILITIES USE AGREEMENT is made and entered into this 20th day of September, 2016 by and between the City of Santa Ana, a municipal corporation and charter city organized and existing under the Constitution and laws of the State of California ( "City "), and the Delhi Center, a California nonprofit public benefit corporation ( "Delhi ") (collectively referred to as the "Parties "). RECITALS A. City wishes to utilize portions of the Delhi Center to provide tutoring and literacy programming services to participants, including residents of the City. B. Delhi is willing to allow use of the Delhi Center for such purposes subject to the terms of this Agreement. The Parties therefore agree as follows: 1. GRANT OF PERMISSION AND FACILITIES TO BE USED: Delhi hereby grants City permission to utilize Delhi Center Room 103 ( "Facilities ") for the purpose of conducting a Children's Library Literacy Pilot Program, as more specifically described on Exhibit A and on the dates and times therein. Other portions of the premises may be used by mutual agreement of the Parties. 2. COMPENSATION: City agrees to pay Delhi $15,000 for the use of the Facilities during the term of this Agreement, due within forty -five (45) days following full execution of this Agreement. The amount of compensation shall be the same for any extension term provided in Section 3. 3. TERM: This Agreement shall commence on October 1, 2016 and continue through June 30, 2017. The term of this Agreement may be extended for two additional one -year periods by a writing executed by the City Manager and the City Attorney. 4. INDEMNIFICATION: The Parties agrees to indemnify, protect, defend, and hold harmless each other, and their respective officers, agents, employees, consultants, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses each Party may incur in the performance of this Agreement, to the extent such are attributable to the opposite Party's negligence or willful misconduct in its respective use of the facilities. 5. INSURANCE: City agrees to obtain and maintain during the term of this Agreement insurance reasonable and appropriate to City's use of the Facilities. 6. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such 21A1IT3