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INSURANCE NOT ON FILE A-2020-195B WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: FIRST AMENDMENT MAR 2 9 2021 TO AGREEMENT WITH THE ILLUMINATION FOUNDATION TO OPERATE THE LINK EMERGENCY SHELTER 0"CON�TUriEr)I)La THIS FIRST AMENDMENT TO AGREEMENT WITH THE ILLUMINATION FOUNDATION TO OPERATE THE LINK EMERGENCY SHELTER ("First Amendment"), to be effective as of March I , 2021 ("Effective Date") is made by and between THE ILLUMINATION FOUNDATION, a California nonprofit corporation ("Contractor"), and THE CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), with reference to the following facts: A. The City and Contractor entered into the Agreement with the Illumination Foundation to Operate the Link Emergency Shelter, on October 6, 2020 ("Agreement"). B. Concurrently herewith Contractor and RHW Holdings, LLC, a California limited liability company ("Lessor") have executed a Standard Industrial/Commercial Multi -Tenant Lease -Net ("Lease") pursuant to which Contractor occupies the property ("Premises") in which Contractor is to provide the services called for under the Agreement. The Lease is accepted by the City in satisfaction of the requirement of Section 2.a of the Agreement for signing the "Assignment." The City also intends to operate a shelter for homeless persons at 1815 Carnegie Avenue, Santa Ana, CA ("Carnegie Shelter"). C. Contractor and the City desire to amend the Agreement as provided in this First Amendment. THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor agree as follows: 1. Definitions. Except as otherwise expressly provided herein, the capitalized terms defined in the Agreement shall have the same meanings as are given such terms in this First Amendment. 2. Term. The expiration date of the Term is extended to April 30, 2021 ("Expiration Date"). Notwithstanding anything elsewhere in the Agreement to the contrary, (a) Contractor shall vacate the Premises no later than the Expiration Date, whether or not the guests at the Shelter have been transitioned to the Carnegie Site; (b) all equipment and other personal property which, pursuant to the Agreement, is to be returned to the City upon expiration of the Term, shall be left at the Premises on the Expiration Date unless previously removed by the City; and (c) the City shall make alternate arrangements (e.g., hotel vouchers, etc.) for all guests at the Shelter as of the Expiration Date (or, at the City's option, prior to the Expiration Date), all at the City's sole cost and expense. SJ13\ 30975-0004\ 733022.2 3=021 1" Amendment to Operating Agreement 08Jan IS JRJ McKinley Village M34121/00009 V = "1" "668467.IA" "" 668467.IA