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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />CHARITABLE VENTURES OF ORANGE COUNTY INC. <br />1. PARTIES AND DATE <br />This Donation Agreement ( "Agreement") is entered into on APRIL 4, 2017 by and between <br />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 />( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively <br />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 A COMMUNITY MOVIE NIGHT EVENT WITHIN THE SANTA <br />ANITA NEIGHBORHOOD ASSOCIATION SCHEDULED FOR JUNE 239 2017 ( "Community <br />Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under <br />which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER <br />TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will <br />PROMOTE COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT and POSITIVE LIFE <br />SKILLS. The foregoing is a general description of the public purpose, and is not necessarily the only <br />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 ($1,000.00) for the movie nigh event within the Santa Anita <br />Neighborhood Association, because the City has determined that there is a public purpose to be <br />served in supporting the Community Benefit, In executing this Agreement and receiving the funds, <br />Recipient agrees to use the funds only for the purpose described and subject to the terms and <br />conditions provided for in this Agreement. Should Recipient fail to use the finds for such purpose or <br />otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this <br />Agreement and demand the 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 fall expenditure of the finds, 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 fund's <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 />"IM -5 <br />