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29A - DONATION AGMT
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29A - DONATION AGMT
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9/28/2017 5:02:17 PM
Creation date
9/28/2017 4:44:19 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Council
Item #
29A
Date
10/3/2017
Destruction Year
2022
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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />CHARITABLE VENTURES OF ORANGE COUNTY <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on OCTOBER 3, 2017 by and <br />between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES <br />OF ORANGE COUNTY (FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD <br />ASSOCIATION), a California 501(c) 3 NON-PROFIT ORGANIZATION ("Recipient"). City <br />and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in HOSTING THE IST ANNUAL BHS-PEDALOR-STROLLER & MODEL CAR <br />EVENT THAT OCCURRED ON JULY 16, 2017, FREE TO THE COMMUNITY <br />("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and <br />conditions under which the 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 <br />PROVIDES THE MEMORIAL PARK NEIGHBORHOOD ASSOCIATION WITH <br />SUPPORT IN HOSTING THE 1sT ANNUAL COMMUNITY EVENT THAT WILL <br />PROMOTE COMMUNITY ENGAGEMENT AND PRIDE. The foregoing is a general <br />description of the public purpose, and is not necessarily the only public purpose to be gained from <br />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 />TWO HUNDRED FIFTY DOLLARS -($250), because the City has determined that there is a <br />public 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 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 return of the funds pursuant to Section 3.2 below. <br />3.2 Term: Termination of Aereement. 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 />EXHIBIT3 <br />29A-7 <br />
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