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M. H• _.1AN 21 <br />®.�Mp c� <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE <br />N-2018-101 <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on MAY 15, 2018 by and between <br />the City of Santa Ana, a municipal corporation ("City") and LATINO ,CENTERFOR <br />PREVENTION & ACTION IN HEALTH & WELFARE a California 501(c)(3) NON-PROFIT <br />ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as <br />"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 PROVIDE SUPPORT TO THE LATINO HEALTH ACCESS 5K HEALTH <br />WALK HOSTED ON APRIL 7, 2018 ("Community Benefit"). The Parties wish to enter into this <br />Agreement to establish the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER <br />BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it <br />PROVIDES ADDITIONAL RESOURCES THROUGH HEALTH EDUCATION TO THE <br />COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily <br />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 />ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500), because the City has determined that <br />there is a public purpose to be served in supporting the Community Benefit. In executing this <br />Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described <br />and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use <br />the funds for such purpose or otherwise comply fully with the tenns of this Agreement, City shall <br />have the right to tenninate this Agreement and demand the return of the funds pursuant to Section <br />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 />tenninate 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 />