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INSURANCE NOT ON FILE WORK MAY NQT PROCEED CLERK OF COUNCIL DATE: O- l(1aLz)-J,,,t;z custw tuvdan«J SECOND AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT FOR SANTA ANA BUSINESS COUNCIL A-2019-233 THIS SECOND AMENDMENT TO THE DOWNTOWN MERCHANTS FUND OPERATING AGREEMENT is entered into this 3'd day of December, 2019, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and the Santa Ana Business Council, a California non-profit corporation ("SABC"). RECITALS A. On January 11, 2018, the City entered into the Downtown Merchants Fund Operating Agreement #A-2017-327 with SABC to create the Downtown Merchants Fund ("DMF") from a portion of downtown parking revenues for continued promotion of the downtown ("said Agreement"). The intent of said Agreement is for SABC to receive $100,000 from the DMF each calendar year that such funding is approved by City Council. B. On December 18, 2018, the City entered into a First Amendment to said Agreement with SABC in order to extend the term, add funding, and incorporate the annual budget for 2019. C, The City hereby approves an additional $100,000 in DMF funds for use by SABC in 2020 pursuant to the terms and conditions of said Agreement. Additionally, the City hereby approves SABC 's 2020 DMF Annual Budget. D. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to extend the term of said Agreement, add an additional $100,000 in DMF funding for the extended term of said Agreement, and incorporate SABC's 2020 DMF Annual Budget into said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Pursuant to the terms of said Agreement, the City Council approved an additional $100,000 in DMF funding for the 2020 calendar year to be utilized by SABC pursuant to SABC 's 2020 DMF Annual Budget and the terms of said Agreement. 2, Section 1.02, Term, shall be amended to read as follows: "This Agreement shall commence on the date first written above and terminate on December 31, 2020, unless terminated earlier in accordance with sections 4.02 or 4.05 below."