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Last modified
8/31/2023 11:45:49 AM
Creation date
8/31/2023 11:32:56 AM
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Contracts
Company Name
MICAH'S WAY
Contract #
A-2023-153
Agency
City Attorney's Office
Council Approval Date
8/15/2023
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DocuSign Envelope ID: 3B99AD9E-11 B94253-A936-5A95508756C9 <br />3.2 Permitted Uses at the Property. Upon receiving the COO and Business License, <br />MW shall be allowed to provide its Charitable Services, and engage in its Incidental Food <br />Activities, at the Property, provided, however, that such Incidental Food Activities shall only take <br />place inside the building at MW's Resource Center, except on those occasions when MW is <br />required to make reasonable accommodations to persons with disabilities, as such terms are <br />defined by the Americans with Disabilities Act, state law or other applicable law. For families <br />with vehicles and housing, MW may provide occasional boxes or bagged groceries to avoid daily <br />visits as necessary and any such food items shall be placed directly into the clients' vehicles. <br />3.3 MW's Clean-up Activities. On any day of the week that MW provides its <br />Charitable Services, MW shall use its best efforts to undertake neighborhood clean-up activities <br />within a minimum of fifty (50) feet from the perimeter of the Resource Center (the "Clean -Up <br />Area") to prevent the accumulation of any possible litter or waste associated with MW's <br />operations. Notwithstanding the time limits specified in Section 4.3 below, in the event that a <br />Dispute of a material nature arises regarding MW's clean-up activities involving allegations by <br />the City that more than just an insubstantial amount of litter or waste reasonably attributable to <br />any of MW's operations has accumulated within the Clean -Up Area and, after receiving notice <br />from the City of such condition, MW has failed or refused to fully abate such condition within <br />two (2) court days after receiving such notice, the City shall comply with its respective <br />obligations under the terms of the Dispute Resolution Process set forth in Sections 4.1 through <br />4.6 below, except that. the Parties shall endeavor to meet and confer regarding the Dispute as <br />soon as is reasonably possible, but not later than two (2) court days, after being provided with a <br />Dispute Notice by the City. <br />3.4 Uses Not Permitted at the Property. MW shall not be allowed to distribute at the <br />Property hot prepared meals, plates of food, or items that require refrigeration for storage. In <br />addition, MW shall not establish or operate an outdoor feeding station at the Property to provide <br />its clients or other members of the public, regardless of housing status, with food or beverage <br />items, such as sandwiches, coffee, pastries, doughnuts, muffins, canned goods, etc., on a regular <br />basis. <br />3.5 Agreement Applies to Onsite, Not Offsite, Services. This Agreement is intended to <br />govern and apply to the Charitable Services provided by MW onsite at the Property. The <br />Agreement is not intended to, and shall not, govern or apply to any services or activities <br />conducted by MW or MW's Related Persons at offsite locations, such.as the Orange County Jail. <br />4.0 Dispute Resolution Process, <br />4.1 Court's Retention of Jurisdiction. The Court shall retain jurisdiction over the Action <br />for a period of seven (7) years from the Effective Date of this Agreement for the purposes of (a) <br />overseeing the implementation of this Agreement, and (b) implementing and presiding over the <br />dispute -resolution process (the "Dispute Resolution Process") described below. <br />4.2 Resolution of Disputes. Except as may be modified by the Court, or the Parties with <br />the Court's consent, during the seven (7)-year period of the Court's continued jurisdiction, this <br />Dispute Resolution Process shall apply to resolve and adjudicate any and all disputes, <br />4 <br />
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