AMERICAN YOUTH SOCCER ORGANIZATION REGION 517-2017

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INSURANCE NOT Rf Qt1IR£D N-2017-164-005 09WORK MAY PROCEED 9 CLERK Of COiJNCIL DATE; ISB' 18 2017 CITY OF SANTA ANA DONATION AGREEMENT WITH O: CM4 (/) AMERICAN YOUTH SOCCER ORGANIZATION Julie Castro -Cardenas 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 1, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and AMERICAN YOUTH SOCCER ORGANIZATION, 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 11 Community Benefit, The City wishes to provide Recipient with funding to assist Recipient in PROMOTING TEAM WORK, FAIR PLAY, AND RESPECT AMONG SPORTS PLAYERS IN THE AMERICAN YOUTH SOCCER ORGANIZATION IN SANTA ANA ("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 support THE LEAGUE CHAMPIONSHIP FOR THE ALL-STAR CHAMPIONSHIP PLAYOFFS IN THE WINTER OF 2018. 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 ONE THOUSAND DOLLARS ($1;000), 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 funds, 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 funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the finds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement 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 funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annuann. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk. of