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Case 84-cv-00155-DOC-JDE Document 340 Filed 09/23/19 Page 9 of 20 Page ID #:3758 <br />1 2. Incorporation of Recitals <br />2 The representations in the above-section.ofthis Agreement, entitled <br />3 "Recitals," are hereby incorporated into and made a material part of the. terms and <br />4 .representations of this Agreement,. <br />5 3. Construction and Operation of'Shelters. <br />5 3,1 At the..time of this Agreement, the City operates -a temporary, <br />7 low -barrier shelter in the City with a capacity of 200 beds„known as "The Link." <br />8 3.2 The City shall fund, obtain .futxding for, and/or coordinate. third- <br />9 party funding for, the aonstruction and operation.ofan additional low -barrier <br />10 homeless shelter at a different location .within the boundat7es of the City, with <br />11 capacity'of 200 beds, expandable to 250 beds ("Additional Shelter"). The City <br />12 shall have complete discretion.in determining which Additional Shelter to fund.. and <br />13 which shelter project may be feasible;. subject to any limitations set forth herein, <br />14 The City's funding commitment for the. Additional Shelter.shall be for three (3) <br />15 years,, beginning on the Efifectiye Date. <br />16. 3.3 There will be an overlap period of time; during which The tank <br />17 and the Additional Shelter will operate concurrently .such. that the total number of <br />18 beds .during this time will beup to 450. Any remaining number of beds that may <br />19 be necessary to satisfy the City's obligations under .S'ection 3. of this Agreement <br />20 shall be addressed in the context of.a separate settlement agreement between the <br />21 City and. County as to. the.. City's Cross -Complaint. <br />22 3,4 The City sha11 roquire that the Link and the Additional Shelter <br />23 be operated on:a non-religious:basis, but not exclude religiousorganizations f om <br />24 operating, and in full compliance with all applicable state and federal <br />25 antidisenminat"ioll laws, including but. not limited to, California Government Code. <br />26 section 11I35 and the. Americans with Disabilities Act,.42 U.S.C.. section:12101 et <br />27 seq. <br />28 <br />