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CITY OF SANTA ANA DONATION AGREEMENT WITH SECOND CHANCE ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 15, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and SECOND CHANCE ORANGE COUNTY, 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 funding to assist Recipient in PROVIDING YOUTH AND ADULTS WITH JOB SKILLS TRAINING, INTERVIEW SKILS, AND JOB PLACEMENT THAT PROVIDE THE COMMUNITY WITH FINANCIAL STABILITY ("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 SOLORIO, believes there is a public purpose in supporting the Community Benefit because it will provide ASSISTANCE WITH THE ANNUAL "MORE SECOND CHANCES" DINNER EVENT TO HONOR, RECOGNIZE, AND CELEBRATE THE YOUTH AND ADULTS THAT HAVE OVERCOME BARRIERS AND SECURED EMPLOYMENT OR HIGHER EDUCATION. 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), 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 fluids, Recipient agrees to use the funds only for the purpose described and subject to the terns and conditions provided for in this Agreement. Should Recipient fail to use the feuds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to tenninate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Penn; Term nation of Agrreern This Agymnent 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 finds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per anmun. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or ternination of this Agreement, Exhibit 3 29A-5