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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />ORANGE COUNTY BAR FOUNDATION <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018, by and <br />between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY BAR <br />FOUNDATION, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City <br />and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this <br />Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient to HOST A FREE HEALTH EDUCATIONAL MOVIE NIGHT FOR THE <br />COMMUNITY ON NOVEMBER 7, 2018, IN SANTA ANA ("Community Benefit"). The Parties <br />wish to enter into this Agreement to establish the terms and conditions under which the City will <br />provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER <br />VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it <br />PROVIDES AN OPPORTUNITY FOR SANTA ANA RESIDENTS TO LEARN ABOUT <br />VARIOUS HEALTH INFORMATION, OBTAIN RESOURCES, AND PROMOTE DRUG <br />FREE LIVING. 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 CONxrms <br />3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of <br />ONE THOUSAND DOLLARS ($1,000), 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 />EXHIBITS <br />29A-21 <br />