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<br />A-2020-130-01
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<br />TERMINATION AGREEMENT
<br />THIS TERMINATION AGREEMENT, with respect to the operating and funding
<br />agreements with The Illumination Foundation to Operate a Year -Round Iomeless Navigation
<br />Center and Recuperative Care Facility, is made and entered into this day of March, 2021
<br />("Effective Date"), by and between The Illumination Foundation ("IF"), and the City of Santa Ana,
<br />a charter city and municipal corporation organized and existing under the Constitution and laws of
<br />the State of California ("City"). IF and City are herein referred to individually as a "Party" and
<br />collectively as the "Parties."
<br />RECITALS
<br />A. The Parties entered into the Agreement with The Illumination Foundation to Operate a Year -
<br />Round Homeless Navigation Center and Recuperative Care Facility, dated June 16, 2020,
<br />City Agreement NoW2020-130 ("Operating Agreement"), for IF to provide all premises,
<br />approvals, facilities, labor, staffing, training, equipment, building improvements, services,
<br />and items appropriate and necessary to fully and adequately develop, construct, and operate
<br />a year-round homeless navigation center and recuperative care facility on the property
<br />located at 1815 Carnegie Avenue in Santa Ana ("Carnegie Shelter" or "subject property").
<br />B. The Parties also entered into multiple funding agreements related to the Operating
<br />Agreement, including the following funding agreements that are still effective: Agreement
<br />between the City of Santa Ana and Illumination Foundation for use of Emergency Solutions
<br />Grant Coronavims (ESG-CV) Funds, dated August 19, 2020, City Agreement No. A-2020-
<br />131-03; Agreement between the City of Santa Ana and Illumination Foundation for use of
<br />Emergency Solutions Grant Coronavims (ESG-CV) Funds, dated November 2, 2020, City
<br />Agreement No. A-2020-131-03; Homeless Housing, Assistance and Prevention
<br />Subcontractor Agreement between the City of Santa Ana and The Illumination Foundation,
<br />City Agreement No. A-2020-131-05; and, Homeless Emergency Aid Program
<br />Subcontractor Agreement between the City of Santa Ana and The Illumination Foundation,
<br />City Agreement No. A-2020-131-06 ("Funding Agreements").
<br />C. During the initial stages of construction, a dispute arose between the Parties regarding the
<br />total cost for the construction of the Camegie Shelter and the responsibility of the Parties
<br />for such construction cost. The City sent written notice to IF on November 20, 2020,
<br />regarding its concerns with the budget and providing IF with an opportunity to cure this
<br />issue. IF provided written responses to the City dated November 30, 2020, December 15,
<br />2020, and January 20, 2021, but IF and the City were unable to reach an agreement about
<br />the construction budget. Accordingly, the City sent IF written correspondence dated
<br />January 25, 2021, accepting IF's offer to voluntarily remove itself from the project.
<br />D. The Parties hereby desire to enter into this Termination Agreement in order to express their
<br />mutual agreement to terminate the Operating Agreement and Funding Agreements for the
<br />Camegie Shelter pursuant to the terms provided herein.
<br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
<br />terms and conditions hereinafter set forth, the Parties agree as follows:
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