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N-2016-153 <br />IlVSitiF�tiiCI 40f REQUIRED <br />a4el{tR1414AY PROM <br />ekI COUNCIL <br />DA NrpY 9 2016 CITY OF SANTA ANA <br />® cmo(l) - DONATION AGREEMENT <br />WITH COMMUNITY PARTNERS <br />I.. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on OCTOBER 18, 2016 by and <br />between the City of Santa Ana, a municipal corporation ("City") and COMMUNITY PARTNERS, <br />a California 501(()3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are <br />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 THE 7TH OC FILM FIESTA ("Commrurity Benefit"). The Parties wish <br />to enter into this Agreement to establish the terms and conditions under which the City will provide <br />funding. <br />2.2 Public PgMose. The City, by recommendation of COUNCILMEMBER <br />ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit <br />because it will PROMOTE COMMUNITY AWARENESS AND PARTICIPATION IN <br />CULTURAL SPACES, COMMUNITY ORGANIZATIONS, SCHOOLS, PARKS, <br />NEIGHBORHOOD ASSOCIATIONS, AND SMALL BUSINESSES. The foregoing is a general <br />description of the public purpose, and is not necessarily the only public purpose to be gained from <br />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 FIVE HUNDRED DOLLARS ($1,500) for an event that will be helc on <br />Tuesday, October 18, 2016 and Thursday, October 27, 2016, because the City has determine(] that <br />there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the furans, 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; Tennination,of Aercement. 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 />