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ILLUMINATION FOUNDATION (9)
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ILLUMINATION FOUNDATION (9)
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Last modified
3/26/2021 8:14:01 AM
Creation date
10/14/2020 8:09:04 AM
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Contracts
Company Name
ILLUMINATION FOUNDATION
Contract #
A-2020-195
Agency
Community Development
Council Approval Date
10/6/2020
Expiration Date
3/21/2021
Insurance Exp Date
1/1/2021
Destruction Year
2026
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the City's SB-2 zone (Senate Bill 2 Building Homes and Jobs Act), secured by the <br />Contractor and acceptable to the City, and in accordance with the provisions of this <br />Agreement and all applicable local, state, and federal laws, rules, and regulations. <br />b. Contractor shall ensure that any equipment purchased with funds pursuant to this <br />Agreement, and utilized for and at the Shelter, will be disposed of in accordance with <br />the direction of the City (subject to the rights of the landlord under the Assignment). <br />In addition, all equipment furnished to the Contractor by the City and/or purchased by <br />the Contractor with funds pursuant to this Agreement, will be limited to use within the <br />activities outlined by this Agreement and will remain the property of the City (subject <br />to the rights of the landlord under the Assignment). Upon termination of this <br />Agreement, Contractor will immediately return all equipment to the City or dispose of <br />it in accordance with the direction of the City (subject to the rights of the landlord under <br />the Assignment). <br />2. EFFECTIVENESS AND TERM OF AGREEMENT <br />a. The Shelter is located at 2320 Redhill Avenue in Santa Ana ("Site"). This <br />Agreement shall not become effective unless and until the Site for the Shelter and <br />Services has been secured by Contractor as evidenced by a signed assignment of <br />lease, or other signed written instrument, to the City's satisfaction ("Assignment"), <br />provided that if the Assignment is not executed on or before October 15, 2020, this <br />Agreement shall be void and have no force and effect. <br />b. This Agreement will commence upon the date first written above and continue <br />through March 31, 2021 ("Term"), unless terminated earlier in accordance with <br />Section 15, below. Services shall commence on October 15, 2020 ("Effective <br />Date"). I£ this Agreement expires or is terminated, Contractor shall assign the <br />Assignment as directed by the City. The term of this Agreement may be extended <br />upon a writing executed by the City Manager and the City Attorney. <br />c. The City acknowledges that Contractor is entering into the Assignment in reliance <br />on the City's performance of its obligations imder this Agreement. The City shall <br />indemnify, defend and hold harmless Contractor from any loss, claim or damage <br />arising out of or resulting from any breach by the City of its obligations under this <br />Agreement, including without limitation the City's failure to pay sums required <br />hereunder which Contractor will rely upon to fulfill Contractor's obligations under <br />the Assignment. The Contractor acknowledges that City is entering into this <br />Agreement in reliance on the Contractor's performance of its obligations under this <br />Agreement and the Assignment. The Contractor shall indemnify, defend and hold <br />harmless City from any loss, claim or damage arising out of or resulting from any <br />breach by the Contractor of its obligations under this Agreement or the Assignment, <br />including without limitation the Contractor's failure to operate the Shelter and <br />Services required hereunder which City will rely upon to fulfill City's obligations <br />under this Agreement, but excluding the Contractor's failure to pay sums to be <br />funded by the City under this Agreement. <br />Page 2 of 11 <br />
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