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EXHIBIT A <br />CITY Obligations: <br />1. On or before February 5, 2013, the City Council shall introduce and conduct a <br />first and second reading of an ordinance repealing Article XX of Chapter 13 of the Santa Ana <br />Municipal Code, which created the authority to establish the subject DISTRICT. <br />2. CITY shall, under the terms and conditions set forth below, deem the Loan to be <br />partially or fully repaid. DTI shall be permitted to use the Loan funds to meet authorized DTI <br />obligations through January 31, 2013, including administration and attorneys' fees incurred in <br />dealing with CMD assessment and disestablishment issues, which attorneys' fees may be <br />incurred up to the final execution of this Agreement (hereinafter "Authorized Expenditures"). In <br />order to be deemed a credit toward the Loan balance, DTI shall present receipts or other <br />documentation of payment to the City Manager for approval. Documentation of expenditures <br />and any remaining Loan balance shall be returned to the CITY by February 28, 2013. If no <br />balance remains after payment of authorized billings, no repayment to the CITY will be required. <br />CITY agrees that Authorized Expenditures shall be deemed to include, but not be limited to, the <br />following: <br />a) Compensation for Executive Director through January 31, 2013; <br />b) Compensation for Liset Hernandez through January 31, 2013; <br />c) Compensation for Claudia Lavini through the January 5, 2013 Art Walk; <br />d) Attorneys' fees for completing negotiations and documentation related to the <br />Dispute; and, <br />e) Reimbursement of $12,000 for audit of DTI's 2011/2012 books. <br />3. CITY shall continue to provide enhanced Downtown baseline services, including: <br />a) Street sweeping; <br />b) Tree trimming; <br />c) Maintenance of Second Street fountain and tree lights; <br />d) Landscape maintenance; <br />e) Holiday decorations; <br />f) Utility charges; <br />g) Maintenance of trash dumpsters; <br />h) Clock maintenance; and, <br />i) Subsidizing of the monthly Downtown Art Walk. <br />4. CITY shall provide funding for the Clean and Safe Program for three years <br />commencing on February 1, 2013, and throughout any extended term of this Agreement. On or <br />before February 28, 2013, CITY and DTI shall establish an account at Wells Fargo, into which <br />the CITY shall deposit $100,000. DTI shall be permitted to expend up to but no more than one- <br />third (1/3) of the money in the account ($33,333 per month) for Clean and Safe Program contract <br />expenses for each calendar month. Once the Clean and Safe Program services are rendered, and <br />payment is documented, DTI shall provide CITY with proof of payment in the form of cancelled <br />Page 6 of 9 <br />Settlement, Release Agreement <br />55394.00000\7778447.1 <br />