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April 23, 2007 <br />JPA Amendment and Agreement <br />Between Santa Ana and Tustin <br />Metro East Mixed Use (MEMU) Overlay Zone <br />1. The terms below constitute the third Amendment to the Tustin/Santa Ana JPA, <br />originally adopted in 1989. <br />2, Creation of a new Area G, which would be co -extensive with the Metro East <br />Mixed Use Overlay Zone (attached), as may be amended from time to time. All TSIA <br />fees generated by new development in Santa Ana developed pursuant to the Overlay <br />Zone would be deposited into the TSIP. <br />3. TSIA funds so generated from the new Area G would be deposited in the TSIP <br />immediately and continue until 2030 (the build -out assumption in MEMU Overlay Zone <br />EIR). <br />4. TSIA fees generated from development pursuant to the MEMU Overlay Zone <br />shall go to fund capital projects identified in the MEMU Overlay Zone EIR and/or in the <br />Additional Traffic Analysis called for in this agreement ("ATA") as mitigating traffic <br />impacts, whether in Santa Ana or Tustin. <br />>. Existing and unencumbered TSIA funds held by the JPA shall immediately be <br />eligible to be used to perform the ATA. Santa Ana shall reimburse the TSIA accounts <br />used to fund the ATA from Santa Ana's share of any TSIA generated from the new Area <br />'1 The scope of the ATA shall be substantially consistent with the Tim Serlet letter of <br />4pril 11, 2007 to George Alvarez, subject to the approval of either (1) the JPA Board or <br />'2) the City Manager of Santa Ana and the City Manager of Tustin. <br />t. To the extent that the ATA demonstrates that development within the MEMU <br />Overlay Zone will cause additional traffic impacts in Santa Ana or Tustin, the Area G <br />TSIA funds will be dedicated to undertake capital project identified in the ATA to <br />mitigate these impacts. The parties will cooperate to seek additional, third -party funding <br />for these projects. <br />7. Santa Ana will not approve any development entitlement within the Metro East <br />Mixed Use Overlay Zone other than the First and Cabrillo Mixed Use Development <br />Project ("First and Cabrillo Project") until the sooner of (1) completion and acceptance <br />by Tustin of the ATA and identification of capital projects per the ATA, or (2) 6 months <br />from the date of this agreement. In no event, however, shall Santa Ana approve any <br />further development project (beyond the 374 residential unit project at First and Cabrillo) <br />pursuant to the MEMU Overlay Zone which utilizes the MEMU Overlay Zone EIR as the <br />controlling environmental document pursuant to CEQA, until the completion and <br />acceptance by Tustin of the ATA and identification of capital projects per the ATA. <br />8. Tustin agrees not to sue or support third party lawsuits over MEMU EIR. Santa <br />Ana shall discuss and consult with Tustin regarding the scope of subsequent CEQA <br />