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<br />d <br />o ? <br />v <br />SECOND AMENDMENT TO AGREEMENT <br />BETWEEN THE CITY OF SANTA ANA AND THE <br />FRIENDS OF SANTA ANA ZOO FOR THE BENEFIT <br />AND SUPPORT OF THE SANTA ANA ZOO IN <br />PRENTICE PARK <br />A-2010-154 <br />THIS SECOND AMENDMENT, made and entered into this day of <br />2010, by and between the CITY OF SANTA ANA, a charter city and mu 'cipal <br />corporation duly organized and existing under the Constitution and laws of the State of <br />California ("CITY") and Friends of Santa Ana Zoo ("FOSAZ"), a California non-profit <br />public benefit corporation, organized for the purpose of supporting the operation, <br />maintenance and expansion of the ZOO through charitable fundraising. <br />RECITALS <br />A. The parties entered into that certain agreement entitled "Agreement between the <br />City of Santa Ana and the Friends of the Santa Ana Zoo for the Benefit and <br />support of the Santa Ana Zoo in Prentice Park on December 3, 2001 ", as amended <br />by that certain First Amendment dated December 4, 2006 (collectively, the <br />"Agreement") . <br />B. The PARTIES seek to further amend the Agreement in order to increase FOSAZ <br />funding contribution towards veterinarian services, and clarify that all proceeds from <br />FOSAZ shall be maintained as City general funds. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject <br />to all the terms and conditions of said Agreement, except those amended in this Second <br />Amendment, the parties agree as follows: <br />I . Section 3G, entitled "Concession Revenue Sharing", shall be amended to read as <br />follows: <br />3.G. Financial Contributions & Concession Revenue Sharing <br />(i) On or before December 31 st of each year, FOSAZ shall remit the <br />sum of twenty thousand dollars ($20,000) to the CITY to be used <br />for veterinary expenses. These funds will be deposited into a <br />CITY revenue account with the City General Fund. The CITY <br />shall provide FOSAZ with an accounting of the expenditures of <br />these funds on an annual basis following each fiscal year. <br />(ii) In addition to funds provided in (i) above (which shall not be <br />deducted from gross revenues when calculating net revenue), on <br />the 15th day of each quarter of the calendar year beginning on April <br />15, FOSAZ will remit to CITY ten percent (10%) of all net <br />concession revenues from the Gift Shop and Facility Rental Areas <br />received in the preceding quarter.