25A - AGMT - LATINO HEALTH ACCESS DONATION

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CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entereduito on JANUARY 19, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and LATINO HEALTH ACCESS, a California 501(e)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 Coininunitv Benefit. The City wishes to provide Recipient with funding to assist Recipient in their weekly Leyendo En Familia program, a FAMILY LITERACY PROGRAM ( "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 Pig pose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE PARENTS AND CHILDREN IN READING TO INCREASE LITERACY. 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 ONE THOUSAND DOLLARS ($1,000) for the weekly event that is held on Wednesdays, because the City has determined that there is a public propose 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 teens 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 slid remain in effect unless and ruitil terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or withotirt 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 amzum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fronds will be used for a propose whicl.2 may cause a significant risk of EXHIBIT 2 25A -5