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N-2018-104-01 <br />cp. 2 2 2i1t® <br />Julie Castro•Cardenas <br />L PANTIES ANn DATE, <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />SANTA ANA FC CORP <br />This Donation Agreement ("Agreement") is entered into on .TUNE 5, 2018 by and between <br />the City of Santa Ana, a municipal corporation ("City") and SANTA ANA FC CORPa California <br />501(e)(3) NON-PROFIT ORGANIZATION ("'Recipient"). City and Recipient are sometimes <br />individually referred to as "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 TO ALLOCATE RESOURCES FOR THE RESERVATION OF FACILITIES, <br />COACH TRAINING COST, AND PROGRAMMING FOR YOUTH SOCCER ACTIVITIES <br />FOR THE SEASON BEGINNING MAY 18, 2018, WHICH BENEFITS SANTA ANA YOUTH <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 Puiposo, The City, by recommendation of COUNCILMEMBER <br />SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it <br />PROVIDES AN OPPORTUNITY FOR SANTA ANA YOUTH TO ENGAGE IN SPORTS <br />ACTIVITIES THAT PROMOTE FITNESS AND POSITIVE ACTIVITIES. The foregoing is a <br />general description of the public purpose, and is not necessarily the only public purpose to be gained <br />from the Community Benefit. <br />3. TERMS AND CONDITIONS <br />3.1 Use of Fuptls. 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 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 Tenn: 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 1 <br />