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0: <br />O: CMO (oc) <br />Julie Castro -Cardenas <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />RAINMAKER EFFECT, INC. <br />N-2018-138-12 <br />This Donation Agreement ("Agreement") is entered into on JUNE 190 2018, by and between <br />the City of Santa Ana, a municipal corporation ("City") and RAINMAKER EFFECT, INC.;a <br />California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are <br />sometimes 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 for ON- <br />GOING PROGRAM SERVICES WITH THE RAINMAKER EFFECT LEADERSHIP <br />PROGRAM OFFERED AT SADDLEBACK HIGH SCHOOL THAT INCREASES <br />LEADERSHIP SKILLS, BUILDS CHARACTER, AND PROVIDES MENTORING FOR <br />YOUTH . ("Community Benefit"). The Parties wish to enter into this Agreement to establish the <br />terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER <br />TINAJERP,-believes there is a public purpose in supporting the Community Benefit because it <br />WILL SUPPORT ON-GOING PROGRAM SERVICES THROUGH JUNE 30, 2018 FOR <br />HIGH SCHOOL STUDENTS TO IMPROVE LEADERSHIP STILLS AND CONTRIBUTE <br />POSITIVELY TO THE COMMUNITY. The foregoing is a general description of the public <br />purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. <br />3. TERms AND CONDITIONS <br />3.1 Use of Fluids. The City has chosen to provide Recipient with a one-time payment of <br />ONE THOUSAND DOLLARS,(51060), 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 fluids for <br />such purpose or otherwise comply fully with the tenns 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 Toren; 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 tan 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 13 <br />