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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />SANTA ANA COLLEGE FOUNDATION <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 SANTA ANA COLLEGE <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 />Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in PROVIDING SCHOLARSHIP FUNDS FOR GRADUATING HIGH SCHOOL <br />SENIORS THAT LIVE WITHIN THE SANTA ANNTA NEIGHBORHOOD ASSOCIATION <br />TO SUPPOPRT THEIR COLLEGE EDUCATION ( "Community Benefit "). The Parties wish to <br />enter into this Agreement to establish the terms and conditions under which the City will provide <br />funding. <br />2,2 Public Purpose, The City, by recommendation of COUNCH,MEMBER <br />VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it will <br />PROMOTE YOUTH EDUCATION, FINANCIAL STABILITY, LIVABILITY, AND <br />POSITIVE COMMUNITY ENGAGEMENT. 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 />TWO THOUSAND DOLLARS ($2,000.00) to support college education for graduating high <br />school seniors that live within the Santa Anita Neighborhood Association, because the City has <br />determined that there is a public purpose to be served in supporting the Community Benefit. In <br />executing this Agreement and receiving the farads, Recipient agrees to use the funds only for the <br />purpose described and subject to the terms and conditions provided for in this Agreement, Should <br />Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this <br />Agreement, City shall have the right to terminate this Agreement and demand the return of the funds <br />pursuant to Section 3.2 below. <br />3.2 Term; Termination of A reement. This Agreement shall take effect on the date first <br />above written and remain in effect through Recipient's fall 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 />EXHIBIT 2 <br />29D -5 <br />