BOWERS MUSEUM - 2001 AMENDED & OPERATING AGMT

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0 0 Museum. They are the Bowers Kidseum located at 1802 N. Main Street, the Bowers Museum Parking Lot located at 1900 N. Main Street and a storage facility located at 430 E. Third Street. While these facilities, hereafter collectively referred to as the "Associated Properties", are not part of this Agreement, the City and the Corporation desire to reflect the costs of operation of those facilities within the overall costs of the Museum. G. Under this Amended and Restated Operating Agreement the parties propose to restate the Agreement to (1) extend the Term of the Agreement, (2) to provide that the City's operating assistance will be fixed annually at the cost for repair and maintenance of the Premises, (3) to provide for City funding of Capital Repair and Replacement, as necessary; and (4) make certain other technical modifications to the Agreement. WHEREFORE, for and in consideration of their mutual and respective covenants and promises hereinafter set forth, and subject to the terms and conditions of this Agreement, the parties hereto do hereby agree as follows: ARTICLE 1 PRELIMINARY MATTERS § 1.01 Definitions As used in this Agreement, the following terms shall have the following meanings: (a) "City" means the City of Santa Ana, California. (b) "City Council" means the City Council of the City. (c) "City Manager" means the City Manager of the City. (d) "City Attorney" means the City Attorney of the City. (e) "Clerk of the Council" means the Clerk of the Council of the City. (f) "Corporation" means the Charles W. Bowers Museum Corporation, a California nonprofit public benefit corporation. (g) "Board" means the Board of Governors of the Corporation. (h) "Museum President" means the chief executive officer retained by the Corporation to manage and operate the Bowers Museum. (i) "Premises" means the land shown on the map attached to this Agreement as Exhibit 2