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VCN OPY 217021 <br />10 G <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />AMERICAN CANCER SOCIETY <br />N-2018-064 <br />This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between <br />the City of Santa Ana, a municipal corporation ("City") and AMERICAN CANCER SOCIETY, 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 to assist <br />Recipient in HOSTING THE ANNUAL RELAY FOR LIFE EVENT ON JUNE 23, 2018, <br />THAT PAYS TRIBUTE TO PEOPLE THAT HAVE OVERCOME CANCER ("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 COUNCILMEMBER <br />TINAJERO, believes there is a public propose in supporting the Community Benefit because it <br />PROVIDES ANY RESIDENT WITH AN OPPORTUNITY TO ENGAGE IN A POSITIVE <br />EVENT PROMOTING HEALTH EDUCATION, AND GIVES HOPE TO INDIVIDUALS <br />SUFFERING FROM CANCER. The foregoing is a general description of the public purpose, <br />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 Funds. 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 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 />3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the <br />City determines that the funds will be used for a purpose which may cause a significant risk of <br />EXHIBIT 9 <br />