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INSURANCE NOT REQUIRED MAY PROCEED C-=- COUNCIL A-2009-042 nATr.. ;c, •. JUN 15 -� AMENDED BUSINESS IMPROVEMENT DISTRICT SERVICE AGREEMENT This Amended Agreement made and entered into this 41 day of May, 2009, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City") and Downtown Incorporated, Inc., a California non-profit corporation ("DI"). WITNESSETH Pursuant to California Business Improvement District (BID) law (Streets and Highways Code section 36000 et. al.) as well as the requirements of the ordinance, resolutions and budget adopted thereto, the City annually receives and disburses BID funds. 2. The proposed 2009-2010 annual BID budget approved by the City's Community Redevelopment and Housing Commission serving the BID Advisory Board, allocates funds for, among other things, promoting the downtown and ensuring a "clean and safe" downtown through supplemental security services. 3. A number of business and property owners within the BID area have formed a private nonprofit corporation known as Downtown Incorporated, Inc., ("DI") in part, to better represent the interest of the downtown. DI has expressed interest in coordinating services for the BID. 5. DI certifies that the activities carried out with funds provided under this Amended Agreement will meet one or more of the BID activities as set forth in Ordinance NS - 1715 and the 2009-2010 Annual Report and Budget. 6. In April, 2009 the parties entered into an agreement for certain services for the BID totaling $25,000 (the "Original Agreement"). 7. On May 4, 2009, the City Council of the City of Santa Ana approved amending the Original Agreement to expand the scope of services to be provided by DI for an additional amount of $205,000. 8. This Amended Agreement shall supersede the Original Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereby agree as follows: