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SECOND AMENDMENT TO OPERATING AGREEMENT <br />THIS SECOND AMENDMENT TO OPERATING AGREEMENT, made and entered <br />into on , 2015, by and between the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State <br />of California, hereinafter referred to as "City," and Downtown Incorporated, Inc., a California <br />non - profit corporation, hereinafter referred to as "DTI." <br />RECITALS <br />A. City and DTI entered into Operating Agreement #A- 2013 -150, dated September 17, <br />2013, to (1) confirm that DTI will receive 50% of the assessments collected each <br />calendar year for which an assessment is levied, (2) to provide that DTI's use of the <br />assessment funds will be consistent with the requirements of NS -1715, generally, and <br />the approved calendar year's assessment report specifically, (3) to provide for <br />auditing of DTI BID Funds, and (4) ensure that DTI meetings are compliant with the <br />Ralph M. Brown Act [Government Code Sections 54950, et seq.]. <br />B. City and DTI entered into Amended and Restated Operating Agreement #A -2014- <br />019, dated January 9, 2014, hereinafter referred to as "said Agreement ". <br />C. In accordance with the terms and conditions of said Agreement, the Parties desire to <br />increase the amount of and add funds to the `revolving fund" and address the <br />reimbursement process. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions of said Agreement, except as herein modified, the parties agree as follows: <br />Section 2.01(f) shall be deleted in its entirety since the applicable timeframe has expired. <br />2. Section 2.01(g) shall be amended to increase the maximum amount of the `revolving <br />fund" account from $20,000 to $40,000. Consistent with the increase in the maximum <br />amount of this fund, the City shall add an additional $20,000 to the `revolving fund" for a <br />maximum total of $40,000. <br />3. Section 2.01(m) shall be amended to provide the City with three (3) weeks to process <br />reimbursement requests from DTI, which shall commence upon the City's receipt of <br />notice and all required documentation. <br />4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain <br />in full force and effect. <br />EXHIBIT 1 <br />25B -3 <br />