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25E - DOWNTOWN MERCHANTS FUND
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12/03/2019
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25E - DOWNTOWN MERCHANTS FUND
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Last modified
11/27/2019 11:59:14 AM
Creation date
11/27/2019 10:54:48 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25E
Date
12/3/2019
Destruction Year
2024
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EXHIBIT 2 <br />SECOND AMENDMENT TO <br />THE DOWNTOWN MERCHANTS FUND <br />OPERATING AGREEMENT FOR SANTA ANA BUSINESS COUNCIL <br />THIS SECOND AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING <br />AGREEMENT is entered into this 3'a day of December, 2019, by and between the City of Santa Ana, a <br />charter city and municipal corporation duly organized and existing under the Constitution and laws of the <br />State of California ("City"), and the Santa Ana Business Council, a California non-profit corporation <br />("SABC"). <br />RECITALS <br />A. On January 11, 2018, the City entered into the Downtown Merchants Fund Operating <br />Agreement #A-2017-327 with SABC to create the Downtown Merchants Fund ("DMF") from a <br />portion of downtown parking revenues for continued promotion of the downtown ("said <br />Agreement"). The intent of said Agreement is for SABC to receive $100,000 from the DMF <br />each calendar year that such funding is approved by City Council. <br />B. On December 18, 2018, the City entered into a First Amendment to said Agreement with SABC <br />in order to extend the term, add funding, and incorporate the annual budget for 2019. <br />C. The City hereby approves an additional $100,000 in DMF funds for use by SABC in 2020 <br />pursuant to the terms and conditions of said Agreement. Additionally, the City hereby approves <br />SABC 's 2020 DMF Annual Budget. <br />D. hi accordance with the terms and conditions of said Agreement, the parties desire to amend <br />said Agreement to extend the term of said Agreement, add an additional $100,000 in DMF <br />funding for the extended term of said Agreement, and incorporate SABC's 2020 DMF Annual <br />Budget into said Agreement. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions of said Agreement, except as herein modified, the parties agree as follows: <br />1. Pursuant to the terms of said Agreement, the City Council approved an additional $100,000 <br />in DMF funding for the 2020 calendar year to be utilized by SABC pursuant to SABC 's <br />2020 DMF Annual Budget and the terms of said Agreement. <br />2. Section 1.02, Term, shall be amended to read as follows: <br />"This Agreement shall commence on the date first written above and terminate on <br />December 31, 2020, unless terminated earlier in accordance with sections 4.02 or 4.05 <br />below." <br />25E-6 <br />
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