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31 N-2017-032 CITY OF SANTA ANA DONATION AGREEMENT WITH TKO YOUTH FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on MARCH 21, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and TKO YOUTH FOUNDATION, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with fiinding to assist Recipient in PROVIDING GANG PREVENTION PROGRAMS AND AFTER-SCHOOL SERVICES TO SANTA ANA YOUTH ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE EDUCATION, SAFETY, HEALTH, FITNESS, AND POSITIVE LIFE SHILLS The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500.00) for the on-going community outreach and adult educational clinics, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the finds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the fiords for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obli agtions. For purposes of the City's protection, if the City determines that the fiends will be used for a purpose which may cause a significant risk of