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29A - DONATION AGMT
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04/17/2018
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29A - DONATION AGMT
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Last modified
4/12/2018 6:47:49 PM
Creation date
4/12/2018 6:42:52 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
29A
Date
4/17/2018
Destruction Year
2023
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CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />UC BERKELY CHICANO LATINO ALUMNI ASSOCIATION <br />1. PARTIES AND DATE <br />This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between <br />the City of Santa Ana, a municipal corporation ("City") and UC BERKELY CHICANO LATINO <br />ALUMNI 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 TO HOLD EVENTS FOR THE COMMUNITY IN ACHIEVING ACADEMIC <br />EQUITY FOR HIGHER EDUCATION ("Community Benefit"). The Parties wish to enter into <br />this Agreement to establish the terms and conditions under which the City will provide funding. <br />2.2 Public Pumose. The City, by recommendation of COUNCILMEMBER <br />SARMIENTO; believes there is a public purpose in supporting the Community Benefit because it <br />PROVIDES EVENTS FOR PROSPECTIVE HIGH SCHOOL AND COMMUNITY <br />COLLEGE STUDENTS AND TO ENGAGE ALUMNI FOR HIGHER EDUCATION. 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 />FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public <br />purpose to be served in supporting the Community Benefit. In executing this Agreement and <br />.__.._....__ __ __receiving the funds, Recipient agrees to use the funds. only for the..purpose_described and -subject to <br />the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for <br />such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to <br />terminate this Agreement and demand the return of the 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 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 Obligations. 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 />EXHIBIT 6 <br />29A-15 <br />
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