DOWNTOWN INC (Settlement Agrmt) 3A -2013

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checks and invoices. After the CITY confirms and approves the proof of payment, the CITY shall make an additional deposit into the above -referenced account in the approved amount, thus returning the account balance to $100,000. CITY will not make additional deposits for DTI's administrative costs, or any other non -services related fees or costs. Each additional deposit shall be for the same amount that DTI demonstrates it paid out for services. CITY's obligation to make deposits shall be limited to no more than $400,000 per year of the contract, beginning on February 1, 2013. CITY and DTI shall work cooperatively to manage the Clean and Safe Program. DTI shall create an advisory committee with six voting members to advise and assist in the provision of Clean and Safe Program services. This committee shall be known as the Clean and Safe Program Advisory Committee. The six members shall consist of two (2) CITY employees (one from the Police Department and the other from the Community Development Agency or other department as determined by the City Manager); two (2) DTI members; and, two (2) members selected by the Committee to Disestablish the CMD. If and when the new merchants group referenced in section 5 is established, the two (2) members of this Committee originally appointed by the Committee to Disestablish the CMD shall be replaced with two (2) members appointed by the new merchants group. 5. CITY shall take all actions necessary to initiate the process for reactivation of the Business Improvement District (hereinafter "BID") identified in Santa Ana City Council Ordinance No. NS -1715. The process for reactivation shall include all required public outreach, public hearings, and protest vote. Thus, nothing in this clause shall be construed as a guarantee that the BID will be successfully reactivated. If the BID is successfully reactivated, CITY shall distribute 50% of the BID proceeds in any given calendar year to DTI, and 50% to a new merchants non-profit group serving independently of DTI, subject to an operating agreement for each group approved by the CITY. If the BID is not restarted by August 1, 2013, the CITY shall establish a "credit bank" with $189,000 ($10,500 per month for 18 months, which represents an estimated 50% share of a year and a half BID assessment beginning August 1, 2013) to cover fees associated with Downtown events sponsored by DTI. Credit for event fees and costs (permit fees, staff time reimbursement, lost parking revenue, etc.), and other required CITY reimbursements associated with these events will be logged against this credit bank (at 100% of cost) until the credit bank is depleted, or until this Agreement expires or is terminated. If the BID is subsequently adopted prior to the full use of the "credit bank", then the "credit bank" will be extinguished. A committee with six voting members shall be established to advise on the Downtown events. This committee shall be known as the Downtown Event Advisory Committee. The six members shall consist of two (2) CITY employees (one from the Police Department and the other from the Community Development Agency or other department as determined by the City Manager); two (2) DTI members; and, two (2) members selected by the Committee to Disestablish the CMD. If and when the new merchants group referenced in this section is established, the two (2) members of this Committee originally appointed by the Committee to Disestablish the CMD shall be replaced with two (2) members appointed by the new merchants group. The credit bank can be used for those events listed below: Page 7 of 9 Settlement, Release Agreement 5 5394.00000\7778447.1