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WHEREAS, on July 1, 2010, the members entered into a First Amendment to the <br />Amended Joint Powers Agreement ( "First Amendment') which amended several provisions of <br />the 1999 Amended Agreement; and <br />WHEREAS, on April 20, 2012, the City of Santa Ana joined the Authority and became a <br />party to the 1999 Amended Agreement and the First Amendment; and <br />WHEREAS, on November 18, 2013, the members entered into the Second Amendment <br />to the Amended Joint Powers Agreement ( "Second Amendment') which amended several <br />provisions of the 1999 Amended Agreement. Litigation has been filed by the County <br />challenging the validity of the Second Amendment, and the litigation remains unresolved as of <br />the date of this Third Amendment; <br />WHEREAS, the parties wish to adopt this Third Amendment to eliminate alternative <br />Board directors; <br />NOW THEREFORE, the members agree to amend the 1999 Amended Agreement as <br />follows: <br />AGREEMENT <br />1. Article II, Section 2 of the 1999 Amended Agreement shall be amended to read as <br />follows: <br />2. Desianation of Directors. Each member by resolution of its <br />governing body shall designate and appoint one representative to act as its <br />Director on the Authority Board of Directors (the "Board "), except the County <br />whose Board of Supervisors shall appoint two representatives to act as its <br />Directors. Each representative shall be a current elected member of the <br />governing body. Each Director shall hold office until the selection of a successor <br />by the appointing body. also appoins an a' <br />Each Director and skomMe shall serve <br />at the pleasure of his or her appointing body and may be removed at any time, <br />with or without cause, at the sole discretion of that appointing body. Any <br />vacancy shall be filled in the same manner as the original appointment of a <br />Director . With approval of the Board, a Director <br />17 <br />