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of the Roadway Improvement, to the extent such Total Costs remain <br />outstanding, in an interest bearing account in a financial institution <br />acceptable to both Irvine and Santa Ana. Irvine shall not withdraw any of <br />the principal of such amount except in connection with the design and <br />construction of the Roadway Improvement, including but not limited to <br />alignment studies, necessary environmental documentation, land <br />acquisition costs, costs of design and construction, and administrative <br />staff costs related to the Roadway Improvements. <br />2. Responsibilities of the Parties <br />A. "Total Costs" defined. The term "Total Costs" means all costs incurred in <br />the design and construction of an improvement (i.e., the Roadway <br />Improvement or the Overcrossing Improvement), including, but not limited <br />to, costs of preparation of environmental documentation, costs of land <br />acquisition (including any costs incurred in any eminent domain action), <br />costs of design and construction, and Santa Ana's administrative staff <br />costs, so long as such administrative staff costs related to Roadway <br />Improvement do not exceed 5% of the Total Costs (excluding <br />administrative staff costs) of the improvement ("Improvement Work"). <br />B. To assist in minimizing Total Costs of Roadway Improvement, Santa Ana <br />shall consider and process for approval a reduction of otherwise required <br />landscape setbacks during the right of way acquisition phase of the project <br />if, absent such reduction, the taking of buildings would be necessary to <br />construct the Roadway Improvement. Irvine will mitigate parking losses <br />incurred by any parcels affected by partial acquisitions by the addition of <br />onsite parking spaces through reconfiguration of the site, or by acquisition <br />and development of adjacent real estate for parking. All parking mitigation <br />plans will be subject to the approval of Santa Ana. <br />C. "Lead Agency" defined. As used herein, the term "Lead Agency" means <br />the city (Irvine or Santa Ana) which is responsible for undertaking the <br />25B-6