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INSURANCE ON FIhE A- 2014 -019 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />ARK OF COUNCIL D <br />DACE: <br />AMENDED AND RESTATED OPERATING AGREEMENT <br />This AMENDED AND RESTATED OPERATING AGREEMENT` made and entered into <br />this 9`j' day of January, 2014, by and between the City of Santa Ana, a charter city and municipal <br />corporation drily organized and existing under the Constitution and laws of the State of California, <br />hereinafter referred to as "City," and Downtown Incorporated, Inc., a California non - profit <br />corporation, hereinafter referred to as "DTI." <br />RECITALS <br />A. Whereas the City Council of the CITY previously established a community management <br />district (hereinafter the "CMD ") designated as the "Downtown Community Management <br />District" ( hereinafter the "DISTRICT "); and <br />B. Whereas assessments were supposed to be levied annually against the assessable parcels in <br />the DISTRICT commencing with Fiscal Year 2009 -2010 and continuing through Fiscal <br />Year 2013 -2014; and <br />C. Whereas the CITY was to use the assessments to contract for the administration of a <br />program of improvements and activities in connection with the DISTRICT for Fiscal Years <br />2009 -2010 through 2013 -2014; and <br />D. Whereas due to various reasons the City Council on February 4, 2012 repealed the entirety <br />of the CMD and did not levy the DISTRICT assessment to fund the CMD services for <br />calendar year 2013; and <br />E. Whereas with the repeal of the CMD, several downtown merchants and property owners <br />have expressed Eiji interest in reactivating the Downtown. Santa Ana Business Improvement <br />Area (BID) so that they could continue to receive funding to promote the safety, <br />maintenance, and overall economic stability of the downtown area; and <br />F. Whereas the City Council agreed that if there was sufficient support by those businesses <br />that would be impacted by assessments, that it would reactivate the prior Downtown <br />Business Improvement Area which was established on February 5, 1984 pursuant to <br />Ordinance NS- 1715 (attached hereto and incorporated herein as Exbibit A) ; and <br />G. Whereas the City Council further agreed in a Settlement and Release Agreement with DTI <br />that, should the BID be reactivated, DTI would receive 50% of the BID revenues in any <br />given ealendar year and remaining 50% would be distributed to a new merchants' nonprofit <br />group serving independently of DTI, subject to an operating agreement for each group; and <br />I3. Whereas the Santa Ana Business Council has emerged as the new merchants' nonprofit <br />group that has expressed an interest in obtaining the other 50% of BID funds to be spent in <br />