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CITY OF SANTA ANA <br />DONATION AGREEMENT <br />WITH LATINO HEALTH ACCESS <br />1. PARTIES AND DATE <br />A-2016-140 <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 LATINO HEALTH ACCESS, a <br />California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"), City and Recipient are <br />sometimes individually referred to as "Party" and collectively 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 SUMMER RESIDENT LEADERSHIP PROJECT ("Community <br />Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under <br />which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE <br />MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will <br />PROVIDE HEALTH AND WELLNESS ACTIVITIES FOR THE CONIMUNITY. 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. TERMS AND CONDITIONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of <br />THREE THOUSAND DOLLARS ($3,000) for a program that will begin on June 14, 2016, <br />because the City has deternnined that there is a public purpose to be served in supporting the <br />Community Benefit. In executing this Agreement and receiving the fands, Recipient agrees to use <br />the funds only for the purpose described and subject to the terms and conditions provided for in this <br />Agreement, Should Recipient fail to use the funds for such purpose or otherwise comply fully with <br />the terms of this Agreement, City shall have the right to terminate this Agreement and demand the <br />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 />3.3 Waivers, Insurance or Other Obli ations. For purposes of the City's protection, if the <br />City determines that the funds will be used for a purpose which may cause a significant risk of <br />injury, the City may, in its sole discretion, require Recipient to provide certain insurance and <br />