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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />A.C. GREEN YOUTH FOUNDATION <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 A.C. GREEN- YOUTH <br />FOUNDATION, 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 PROVIDING A PROGRAM FOR YOUTH THAT LACK POSITIVE ROLE <br />MODELS, ARE PHYSICALLY OR EMOTIONALLY ABUSED, ARE ECONOMICALLY <br />DISADVANTAGED, AND/OR ARE HOMELESS ("Community Benefit"). The Parties wish to <br />enter into this Agreement to establish the terns and conditions under which the City will provide <br />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 />WILL SUPPORT THE A.C. GREEN YOUTH FOUNDATION'S SANTA ANA <br />LEADERSHIP PROGRAM/BASKETBALL CAMP FOR BOYS AND GIRLS WITHIN THE <br />AGES OF 9-16 FOR THEIR EVENTS ON JUNE 1-3, 2018. 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. TERbIS 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 firnds 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 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 />Exhibit 17 <br />29A-39 <br />