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INSURANCE NOT REQUIRED N-2017-149 <br />WORK MAY PROCEED <br />CLERK OF COUNCIL CITY OF SANTA ANA <br />DATE:DONATION AGREEMENT <br />�Zj f WJ "7 WITH THE COMMUNITY PARTNERS <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on JUNE 20, 2017 by and between <br />the City of Santa Ana, a municipal corporation ("City') and the COMMUNITY PARTNERS as <br />fiscal sponsors for the Media Arts Santa Ana Youth Cinema program at Delhi Center, a <br />California 501(e)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are <br />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 THE MEDIA ARTS SANTA ANA YOUTH CINEMA AT THE <br />DELHI CENTER THAT WILL PROVIDE AWARD WINNING DIGITAL MEDIA <br />PRODUCTION SKILLS EDUCATION TO YOUTH IN SANTA ANA ("Community Benefit"). <br />The Parties wish to enter into this Agreement to establish the terms and conditions under which the <br />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 <br />THE MEDIA ARTS SANTA ANA YOUTH CINEMA WILL PROVIDE FREE DIGITAL <br />MEDIA INSTRUCTION TO SANTA ANA YOUTH AND PROMOTE CREATIVITY, <br />LEADERSHIP, AND CIVIC ENGAGEMENT AS WELL AS CAREER SKILLS. The <br />foregoing is a general description of the public purpose, and is not necessarily the only public <br />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) because the City has determined that there is a public <br />purpose to be served in supporting the Community Benefit. In executing this Agreement and <br />receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to <br />the terns and conditions provided for in this Agreement. Should Recipient fail to use the funds for <br />such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to <br />terminate this Agreement and demand the 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 anmun. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />