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INSURANCE NOT REQUIRED N-2017-164-004 <br />WORK I04M ?ROCFF4 <br />C� (PCIER!( J,f 01UNCIL <br />OAM AM 3 0 2017 CITY OF SANTA ANA <br />O: CMO { tl DONATION AGREEMENT WITH <br />Julie Castro -Cardenas ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER <br />1. PARTIPiS AND DATE <br />This Donation Agreement ("Agreement") is entered into on AUGUST 1, 2017 by and <br />between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY <br />CHILDREN'S THERAPEUTIC ARTS CENTER, 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 PROVIDING THE YOUTH EMPLOYMENT PROGRAM WITH A <br />GRADUATION FOR COMPLETING WORKFORCE TRAINING ("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 MAYOR PRO TEM <br />MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will <br />provide YOUTH WITH RECOGNITION FOR THE COMPLETION OF THE YOUTH <br />EMPLOYMENT PROGRAM AND ACCOMPLISHING VARIOUS <br />WORKFORCE/EDUCATION GOALS. 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 CONDI'T'IONS <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 served in supporting the Community Benefit. In executing this Agreement and <br />receiving the fields, Recipient agrees to use the funds only for the purpose described and subject to <br />the terms 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 retum 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 />