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furtherance of the overall economic stability of the downtown area consistent with the <br />requirements of NS -1715; and <br />L Whereas the City Council has "reactivated" the BID by its approval of an assessment report <br />for calendar year 2013 outlining the proposed budget and activities to be conducted in the <br />downtown area; and <br />J. Whereas a public hearing was held, and there being no majority protest against the approval <br />of the assessment report and levy of the assessment; and <br />K. Whereas the City and DTI under this Operating Agreement propose to (1) confine that DTI <br />will receive 50% of the assessments collected each calendar year for which an assessment is <br />levied, (2) to provide that DTI's use of the assessment funds will be consistent with the <br />requirements of NS -1715, generally, and the approved calendar year's assessment report <br />specifically, (3) to provide for auditing of DTI BID Funds, and (4) ensure that DTI meetings <br />are compliant with the Ralph M. Brown Act [Government Code Sections 54950, et seq]. <br />WHEREFORE, and in consideration of their mutual and respective covenants and promises <br />hereinafter set forth, the original agreement dated September 13, 2013 is hereby Amended and <br />Restated and the parties hereto do hereby agree as follows: <br />ARTICLE 1 <br />PRELIMINARY MATTERS <br />§ 1.01 Definitions <br />As used in this Agreement, the following terms shall have the following meanings: <br />(a) "City" means the City of Santa Ana, California. <br />(b) "City Council" means the City Council of the City. <br />(c) "City Manager" means the City Manager of the City or his/her designated <br />representative. <br />(d) "DTI" means Downtown Incorporated, hie., a California nonprofit corporation. <br />(e) "Board" means the Board of DTI. <br />(f) "Term" means three (3) years cotmnencing on September 17, 2013 and <br />terminating on September 16, 2016 unless terminated sooner due to any violations <br />of the provisions of this Agreement or if a BID assessment is not approved in <br />compliance with the Parking and Business Improvement Area Law of 1989 <br />[Streets and Highways Code Sections 36500, et seq.]. The Tenn of this <br />2 <br />