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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH MADISON PARK NEIGHBORHOOD ASSOCIATION <br />1. PARTIES AND DATE <br />This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between <br />the City of Santa Ana, a municipal corporation ( "City ") and MADISON PARK <br />NEIGHBORHOOD ASSOCIATION, a California 501(c)3 NON - PROFIT ORGANIZATION <br />( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively <br />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 in HOSTING A HEALTH EDUCATION AND PREVENTION PROGRAM <br />( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terns and <br />conditions under which the City will provide funding. <br />2.2 Public Purpose, The City, by recommendation of MAYOR PRO TEM VICENTE <br />SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it <br />will PROMO'T'E HEALTH AND HEALTH BEHAVIORS, INCLUDING PROVIDING <br />TRAINING FOR CPR, VEHICLE SAFETY, AND BICYCLE SAFETY. The foregoing is a <br />general description of the public purpose, and is not necessarily the only public purpose to be gained <br />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) for a program that began on Saturday, <br />May 21, 2016, because the City has determined that there is a public purpose to be served in <br />supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient <br />agrees to use the funds only for the purpose described and subject to the terms and conditions <br />provided for in this Agreement. Should Recipient fail to use the fiords for such purpose or otherwise <br />comply fully with the terns of this Agreement, City shall have the right to terminate this Agreement <br />and demand the return of the ftmds pursuant to Section 3.2 below. <br />3.2 Tern; Tennination 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 />I3— <br />