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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH LATINO HEALTH ACCESS <br />1. PARTIES AND DA'Z'E <br />This Donation Agreement ( "Agreement ") is entered into on FEBRUARY 16, 2016 by and <br />between the City of Santa Ana, a municipal corporation ( "City") and LATINO HEALTH <br />ACCESS, a California 501(c)3 NON - PROFIT ORGANIZATION ("Recipient'). City and <br />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 Raiding to assist <br />Recipient in FACILITATING AN ART COOPERATIVE FOR UNEMPLOYED RESIDENTS <br />( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and <br />conditions under which the City will provide funding for this Community Benefit. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER <br />ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit <br />because it will BRING THE COMMUNITY'S ARTISTIC KNOWLEDGE TOGETI -M, AND <br />PROMOTE UPCYCLING. The foregoing is a general description of the public purpose, and is not <br />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 ONE THOUSAND, <br />FIVE HUNDRED DOLLARS ($4500) for an ongoing program, because the City has determined <br />that 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 terns of this Agreement, City shall <br />have the right to terminate 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 unless and until terminated by the City, The City has the right to <br />terminate this Agreement upon one day's notice, with or without cause. Should the City terminate <br />this Agreement, it shall also have the right to demand the immediate return of all funds provided to <br />Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. <br />Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any <br />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 farads will be used for a purpose which may cause a significant risk of <br />EXHIBIT 2 <br />25B -5 <br />