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N-2017-042 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES <br />OF ORANGE COUNTY INC. <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on FEBRUARY 21, 2017 by and <br />between the City of Santa Ana, a municipal corporation ("City") and NEIGHBORHOOD <br />HOUSING SERVICES OF ORANGE COUNTY INC., a California 501(c)3 NON-PROFIT <br />ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as <br />"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 MINI-TOWNSEND COMMUNITY RESOURCE FAIR <br />("Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and <br />conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER DAVID <br />BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it <br />will PROMOTE HIGHER EDUCATION, FINANCIAL INFORMATION, EMPLOYMENT <br />OPPORTUNITIES, HOUSING ASSISTANCE RESOURCES, AND SOCIAL SERVICES <br />RESOURCES. The foregoing is a general description of the public purpose, and is not necessarily <br />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 />FIVE HUNDRED DOLLARS ($500) for an event that will be held on Saturday, February 25, 2017, <br />because the City has determined that there is a public purpose to be served in supporting the <br />Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use <br />the funds only for the purpose described and subject to the terms and conditions provided for in this <br />Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with <br />the terms of this Agreement, City shall have the right to terminate this Agreement and demand the <br />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 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 />