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<br />, <br />,'~ <br /> <br />A-2005-160 <br /> <br />';1 <br />"./ <br /> <br />I '1-;;{O.-Q5 <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />DOWNTOWN SANTA ANA BUSINESS COUNCIL TO PROMOTE AND MARKET <br />DOWNTOWN SANTA ANA <br /> <br />c: thf'l- <br />(i!>.~ <br /> <br />This Agreement made and entered into this :).oj-/"- day of 0U.y\. -e..- ,2005, <br />by and between the City of Santa Ana, a charter city and municipal corporation of the State of <br />California C'City") and Downtown Santa Ana Business Council ("DSABC"). <br /> <br />WJINESS.!HH <br /> <br />Recitals: <br /> <br />1. Pursuant to California Business Improvement District (BID) law (Streets and <br />Highways Code section 36000 eLal.) as well as the requirements of the ordinance, <br />resolutions and budget adopted thereto, the City annually receives and disburses BID <br />funds. <br /> <br />2. The 2004-2005 annual BID budget allocates $52,500.00 for promotions in the <br />Downtown Santa Ana BID area. <br /> <br />3. The City of Santa Ana with the assistance of downtown Santa Ana businesses has <br />been operating an annual event known as the Fiestas of the Americas ("Fiestas"). <br />Traditionally the proceeds from the Fiestas ("Fiestas revenues") have been used to <br />promote Downtown Santa Ana. <br /> <br />4. A number of businesses in the BID area have formed a private nonprofit corporation <br />known as "DSABC", in part, to better represent the interest of the downtown. This <br />non-profit corporation has expressed interest in marketing and promoting downtown <br />Santa Ana. <br /> <br />5. DSABC, representing a contingency of certain Downtown businesses, <br />acknowledges that it is qualified and willing to operate a downtown Santa Ana <br />promotional program. DSABC certifies that the activities carried out with funds <br />provided under this Agreement will meet one or more of the BID activities as set <br />forth in Ordinance NS-1715. <br /> <br />WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter <br />contained and made, and subject to all the terms and conditions hereof, the parties hereby agree as <br />follows: <br /> <br />I. DSABC'S OBLIGATIONS <br /> <br />A DSABC agrees to use a portion (48%) of the 2004-2005 annual BID assessment set <br />aside for promotions ($25,200) as well as a portion (48%) of the 2003 and 2004 "Fiestas <br />revenues" ($42,775.67) provided by City to DSABC to operate a promotional program, as <br />set forth in "Exhibit A," attached hereto and by this reference incorporated herein. <br /> <br />Page 1 of 5 <br />