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N-2017-143 <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />MADISON PARK NEIGHBORHOOD ASSOCIATION <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 MADISON PARK <br />NEIGHBORHOOD ASSOCIATION a California 501(c)3 NON-PROFIT ORGANIZATION <br />("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively <br />as "Parties" in this Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with fimding to assist <br />Recipient in SUPPORTING THE ON-GOING PROGRAM FOR THE ASPIRE, LEARN, <br />MENTOR, ACHIEVE (ALAM) SCIENCE ACADEMY AT MADISON ELEMENTARY <br />SCHOOL AND PROVIDING YOUTH WITH ACADEMIC ENRICHMENT AND <br />PARENTAL ENGAGEMENT ("Community Benefit"). The Parties wish to enter into this <br />Agreement to 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 />PROMOTES SCIENCE CAREERS, STRONG ACADEMICS, AND HIGHER EDUCATION <br />AS WELL AS CIVIC PARTICIPATION. The foregoing is a general description of the public <br />purpose, and is not necessarily 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) because the City has determined that there is a public <br />purpose to be sexed 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 fiords 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 acid 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 />tenninate this Agreement, it shall also have the right to demand the immediate return of all fands <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 />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED EXHIBIT 2 <br />CLERK OF COUNCIL <br />OATF: -7 — /I - ;W1 7 <br />