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<br />Amendment, as originally executed or as it may from time to time be amended is referred to <br />herein as the "Amendment"); <br /> <br />WHEREAS, pursuant to the Amendment, Tustin is required to pay to Santa Ana Tustin's <br />fair share obligation of certain of the costs of the Santa Ana Facilities, as and when set forth in <br />the Amendment; and <br /> <br />WHEREAS, Tustin and Santa Ana desire to provide a credit against Tustin's obligation <br />to pay such costs of the Santa Ana Facilities pursuant to the Amendment, if and to the extent that <br />Bond proceeds are made available to Santa Ana to pay such costs; <br /> <br />NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br />herein contained, the parties hereto agree as follows: <br /> <br />Section 1. The Community Facilities District; Issuance of Bonds. The Tustin City <br />Council shall, in its sole discretion, determine whether and when it may be appropriate to <br />establish the Community Facilities District. In no event shall Santa Ana have any right to compel <br />the Tustin City Council to establish the Community Facilities District. Tustin shall engage such <br />consultants as it may deem necessary or appropriate to facilitate the establishment of the <br />Community Facilities District. Santa Ana shall have no responsibility for any costs incurred by <br />Tustin in connection with the establishment of the Community Facilities District. <br /> <br />It is anticipated that the Community Facilities District will issue Bonds to finance the <br />acquisition, construction and installation of the Tustin Facilities and the Santa Ana Facilities. If <br />the Community Facilities District is established, the Tustin City Council, acting as the legislative <br />body of the Community Facilities District, shall, in its sole discretion, determine whether, when, <br />under what conditions and to what extent Bonds shall be issued to finance the acquisition, <br />construction and installation of the Tustin Facilities and the Santa Ana Facilities, or any <br />combination thereof. In no event shall Santa Ana have any right to compel the Community <br />Facilities District to issue Bonds to finance the acquisition, construction and installation of Santa <br />Ana Facilities or to disburse Bond proceeds to pay the costs of the acquisition, construction and <br />installation of Santa Ana Facilities. <br /> <br />Section 2. Santa Ana Facilities. The Santa Ana Facilities, including any real or tangible <br />property which is to be purchased, constructed, expanded or rehabilitated, are described in <br />Exhibit A attached hereto. <br /> <br />It is anticipated that the Community Facilities District will issue Bonds, a portion of the <br />proceeds of which are to be available to finance the acquisition, construction and installation of <br />the Santa Ana Facilities. If the Community Facilities District issues Bonds for such purpose, <br />Tustin shall, or shall cause the Community Facilities District to, notify Santa Ana of the amount <br />of such proceeds available for such purpose within 15 days of such proceeds becoming so <br />available. <br /> <br />Santa Ana shall not apply any of the proceeds of the Bonds to the purchase of any Santa <br />Ana Facilities unless such Santa Ana Facilities were constructed as if they had been constructed <br />under the direction and supervision, or under the authority of, Santa Ana. <br /> <br />DOCSLAUl7226.3 <br /> <br />2 <br />