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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 NOVEMBER 7, 2017, by and <br />between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES <br />OF ORANGE COUNTY (FISCAL SPONSOR FOR WILSHIRE SQUARE <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 funding to assist <br />Recipient in HOSTING THE ANNUAL HOLIDAY PARADE WITHIN WILSHIRE SQUARE <br />NEIGHBORHOOD ON DECEMBER 3, 2017, FREE TO THE COMMUNITY ("Community <br />Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under <br />which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of MAYOR PULIDO, believes there <br />is a public purpose in supporting the Community Benefit because it PROVIDES RESIDENTS <br />WITH AN OPPORTUNITY TO ENGAGE IN A POSITIVE EVENT DURING THE <br />HOLIDAY SEASON AND PROMOTES COMMUNITY 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 />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 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 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 fluids <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 />Exhibit 16 <br />29A-35 <br />