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Julie Castro -Cardenas
"N212011
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT WITH
TE-KENJUTSU-KAN KARATE -DO
N -2017-248-J
This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017, by and
between the City of Santa Ana, a municipal corporation ("City") and TE-KENJUTSU-KAN
KARATE -DO, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and
Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient in HOSTING THE 15TH ANNUAL ADLAWAN CUP FOOD DRIVE KARATE
CHAMPIONSHIP AT SEGERSTROM HIGH SCHOOL ON NOVEMBER 12, 2017, WHERE
ALL COMPETITORS WILL DONATE GOODS TO GIVE THE WISEPLACE WOMEN'S
SHELTER ("Community Benefit"). The Parties wish to enter into this Agreement to establish the
terms and conditions under which the City will provide funding.
2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SOLORIO,
believes there is a public purpose in supporting the Community Benefit because it PROVIDES AN
OPPORTUNITY FOR YOUTH AND FAMILIES TO GIVE BACK TO THEIR
COMMUNITY, BRING AWARENESS TO THOSE IN NEED, AND THE VALUE OF
COMMUNITY SERVICE. The foregoing is a general description of the public purpose, and is
not necessarily the only public purpose to be gained from the Community Benefit.
3. TERMS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public
purpose to be served in supporting the Community Benefit. In executing this Agreement and
receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to
the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for
such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to
terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below.
3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect through Recipient's full expenditure of the funds. The City has
the right to terminate this Agreement upon one day's notice, with or without cause. Should the City
terminate this Agreement, it shall also have the right to demand the immediate return of all funds
provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%)
per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall
survive any expiration or termination of this Agreement.
Exhibit 25
3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the
City determines that the funds will be used for a purpose which may cause a significant risk of
injury, the City may, in its sole discretion, require Recipient to provide certain insurance and
participant waiver/release protections. This right shall be on-going and may be implemented by the
City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts
and with provisions acceptable to City.
3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as
City establishing or providing oversight, control or approval of the Community Benefit or any
activities conducted by the Recipient.
3.5 Indemnification. Recipient understands, aclrnowledges and agrees that Recipient
shall assume all risks associated with the Community Benefit, including, but not limited to, the
possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities
of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other related
costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole
negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at
Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that
may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any
such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation
to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its
officials, officers, employers, agents or volunteers. The indemnification provisions of this
Agreement shall survive any expiration or termination of this Agreement.
3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. The terms and conditions of this Agreement may be altered, modified
or amended only by written agreement signed by both Parties.
3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient
represents and warrants that the Recipient has all requisite power and authority to conduct its
business and to execute, deliver and perform this Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
Exhibit 25
N -2017-248-J
CITY OF SANTA ANA
By: ➢G(%�d
Rau Godinez
City Manager
Attest
U � K
By: _ w'�
p Maria D. Huizar VQV
h Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
hn M. Funk
Assistant City Attorney
TE-KENJUTSU-KAN KARATE -DO, a
501(c)(3) NON-PROFIT ORGANIZATION
By: s
" SSignaturj6 yy��
—R—k� /' 7. Ps 1051 # C
Name
ii�l�f iNS/2✓4�Iz
Title
Exhibit 25
City of Santa Ana
DonationRequest
Name: Peter Mangosing
;Address: 118 W. Stevens Av.
City, state, zip: Santa Arta Ca. 92704
Earl ,tkksensei@te-kenjutsu-kan.com
City Manager's Office - M-31
20 Civic Center Plaza
Pi Box 9988
Santa Ana, CA 82702
(794) 647-5200
title: Chief Instructor
'Phoreo: 714-745-7801
;Fax:
Name: {Te-Kenjutsu-Kan Karate -Do Organization
Tax -Exempt status: Is your organization a non-profit or public tax-exempt organization as Select One:
defined under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No
i If No, you will only qualffy for a credit for City-relafad costs for your inquest (i.e. permR fees,
'staff time, rental rates for fec tildes orequlpment, etc.).0osts for City services very and if
x ID 8: 2 ®-1371172
approved, credit may or may not cover full cost of requested City services. ;Ta
'City Services Credit
Amount Requested:
,Date Needed: ,10(20/17 "Mayor/Councilme ial Solorio
/Direct Payment Amount
jRequastsd:
l
'$ 500.00 jEvent Data: i 11/12117 '/Event Time: 9:00am ;
/Event t.ocathen:
! Segerstrom High School
Address, City, state, zip
, 2301 W. McArthur Blvd. Santa Ana, Ca.
III TeuKanj itau-Ken Karate -Do, 16th annual-Adlawan Cup Food Drive hotels Championships. Where All competitors are required to donate, 2 -Cans of Food, 1
!Description of
-Small Bag of render Pastel -4 Pack of Toilet Paperor, a 4 --Pack of Paper Towels. All donated grew go to the Warriors a shelter forwomen in the
City of Senta Ane. We are the only tournament in Southern California that gives out trophies to all competitors that place in theirdlvislon. These trephles ere
Event I purpose:
hand made by the students and parents of the TKK Organization. Each year we make over 40D trophies for our event. And we take much pride in the malting ,
Of 5 foot trophies for competitors 5 years and under.
-. The event benefds The Wseplace a Shelterfor Women In Santa Ana. The donated goods are much needed by the women hansitioning
Community Benefit:
from being homeless to self-sufficient and empowered to make a better life for themselves. By bringing our community together to help
!, organize the event it raises awareness to the needs of the ladies of the Wasteland. It also benefits our youth in teaching them the
'�. importance of community service.
Applicant Signature:._.
g
Date:
Mail: City Manager's Office - M-31 Email: donationrequest@santa-ana.org
20 Civic Center Plaza !. Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Do anon dt¢at;Y•: D3_ �Cul1 3Iv1-h'0ic t.,;
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City ll c i t qr aztre:
EXHIBIT 10
NOVEMBER 7, 2017
$500
Revised 01/05(2017