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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />2. Incorporation of Recitals <br />The representations in the above -section of this Agreement, entitled <br />"Recitals," are hereby incorporated into and made a material part of the terms and <br />representations of this Agreement. <br />3. Construction and ®aeration of Shelters <br />3.1 At the time of this Agreement, the City operates a temporary, <br />low -barrier shelter in the City with a capacity of 200 beds, known as "The Link." <br />3.2 The City shall fund, obtain funding for, and/or coordinate third - <br />party funding for, the construction and operation of an additional low -barrier <br />homeless shelter at a different location within the boundaries of the City, with <br />capacity of 200 beds, expandable to 250 beds ("Additional Shelter"). The City <br />shall have complete discretion in determining which Additional Shelter to fund and <br />which shelter project may be feasible, subject to any limitations set forth herein. <br />The City's funding commitment for the Additional Shelter shall be for three (3) <br />years, beginning on the Effective Date. <br />3.3 There will be an overlap period of time during which The Link <br />and the Additional Shelter will operate concurrently such that the total number of <br />beds during this time will be up to 450. Any remaining number of beds that may <br />be necessary to satisfy the City's obligations under Section 3 of this Agreement <br />shall be addressed in the context of a separate settlement agreement between the <br />City and County as to the City's Cross -Complaint. <br />3.4 The City shall require that the Link and the Additional Shelter <br />be operated on a non -religious basis, but not exclude religious organizations from <br />operating, and in full compliance with all applicable state and federal <br />antidiscrimination laws, including but not limited to, California Government Code <br />section 11135 and the Americans with Disabilities Act, 42 U.S.C. section 12101 et <br />seq. <br />3 <br />25H-9 <br />