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i ✓'rJ" 7JUL 11 2017 <br />o-. Cry 0C4) <br />a jot'i <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />SANTA ANA UNIDOS <br />N-2017-135 <br />This Donation Agreement ("Agreemenf) is entered into on JUNE 24,.2017 by and between <br />the City of Santa Ana, a municipal corporation ("City") and SANTA ANA UNIDOS BOXING <br />CLUB, a California 501(e)3 NON-PROFIT ORGANIZATION ("Recipient")� City and Recipient <br />are 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 SUPPORTING ON-GOING YOUTH ATHLETIC PROGRAM AT SANTA ANA <br />BOXING CLUB THAT PROMOTES HEALTH, SAFETY AND POSITIVE COMMUNITY <br />ENGAGEMENT ("Community Benefit"). The Parties wish to enter into this Agreement to <br />establish the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose.The City, by recommendation of COUNCILMEMBER <br />SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it <br />will PROMOTE INTERVENTION AND PREVENTION SERVICES FOR YOUTH IN <br />SANTA ANA THROUGH THE SANTA ANA BOXING CLUB YOUTH ATHLETIC <br />PROGRAM. The foregoing is a general description of the public purpose, and is not necessarily the <br />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 />ONE THOUSAND DOLLARS ($1,000) for an ongoing event, because the City has determined that <br />there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the funds, 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, Termination of Agreement. This Agreement shall take effect on the date first <br />above written and remain in effect unless and until terminated by the City. The City has the right to <br />terminate this Agreement upon one day's notice, with or without cause. Should the City terminate <br />this Agreement, it shall also have the right to demand the immediate return of all funds provided to <br />Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. <br />Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any <br />expiration or termination of this Agreement. <br />