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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH LATINO HEALTH ACCESS <br />1. PARTIES AND DATE <br />A-2016-001 <br />This Donation Agreement ("Agreement") is entered into on JANUARY 19, 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 funding to assist <br />Recipient in their weekly Leyendo En Familia program, a FAMILY LITERACY PROGRAM <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. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN <br />REYNA, believes there is a public purpose in supporting the Community Benefit because it will <br />ENGAGE PARENTS AND CHILDREN IN READING TO INCREASE LITERACY. The <br />foregoing is a general description of the public purpose, and is not necessarily the only public <br />purpose to be gained from the Community Benefit. <br />3. TER1vIS AND CONDITIONS <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) for the weekly event that is held on Wednesdays, because <br />the City has determined that there is a public purpose to be served in supporting the Community <br />Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only <br />for the purpose described and subject to the terms and conditions provided for in this Agreement. <br />Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of <br />this Agreement, City shall have the right to terminate this Agreement and demand the return of the <br />funds pursuant to Section 3.2 below. <br />3.2 Tenn, 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 finds will be used for a purpose which may cause a significant risk of <br />