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FIRST AMENDMENT TO A G R E E M E N T
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of identification only this 1st day of July, 2023, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
D
THE SALVATION ARMY, a California corporation,
hereinafter referred to as “ARMY”.
W I T N E S S E T H:
WHEREAS, in April of 2020, ANAHEIM entered into an Agreement with ARMY for ARMY to expand its low-barrier emergency homeless shelter (the “Shelter”) on ARMY ’s land located at 1455 S. Salvation Place, in the City of Anaheim (the “Site”) to include a minimum or 101 additional Shelter beds (the “Expansion Agreement”); and WHEREAS, ANAHEIM and ARMY wish to amend the Expansion Agreement to increase the compensation payable to ARMY; and
WHEREAS, aside from the compensation increase, there are no other change to the Expansion Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 2(b) of the Expansion Agreement is hereby amended to read in full as follows:
b. The City will fully reimburse the Army for its costs actually incurred in operating the Expansion, up to a maximum of Two Million, Four Hundred and Thirty Two Thousand Dollars ($2,432,000) annually, subject to the requirements set forth in this section, until the Funding Termination Date (as defined in Section 4 of the Expansion Agreement). Costs that may be reimbursed shall specifically include, without limitation, fees paid by ARMY for Expansion-related operational expenses, conference and council fees, and wages, benefits, and applicable employment taxes for the Expansion staff.
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28 2. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement and this First Amendment to Agreement shall hereinafter be collectively referred to as the "Amended Agreement." The Amended Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
3. ARMY and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of ARMY and to bind ARMY hereto.
4. The Effective Date of this First Amendment to Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event that ARMY fails to set forth a date of execution opposite the name(s) of its signator(s), ARMY hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution of ARMY's signator(s) as the date said First Amendment to Agreement, as executed by ARMY, is received by ANAHEIM.
IN WITNESS WHEREOF, the parties hereto have caused this restated and Amended Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
DATED: ____________________, 2023
CITY OF ANAHEIM,
a municipal corporation
By:
Jim Vanderpool, City Manager
DATE OF EXECUTION:
DATED: ____________________, 2023
THE SALVATION ARMY, a California
corporation
By:
______________________
________________________
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28 APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil Division
Dated: