20B - AA - WARNER AVE AND GRAND AVE WIDENING

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H. Santa Ana desires to utilize bond proceeds from the Community Facilities District to pay the cost of certain alternative traffic mitigation measures which they have determined to provide an equivalent level of mitigation to Grand and Edinger Improvements identified in the Amendment, and will release Tustin from its obligation to pay its fair share total cost of all remaining Grand and Edinger Intersection Improvements. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein, Tustin and Santa Ana agree as follows: Section 1. Selection of Alternative Improvement Pursuant to Section D of the Amendment, "Alternative Improvements", Santa Ana hereby selects, and Tustin approves, releasing bond proceeds from the Community Facilities District in the amount of Eight Million Dollars ($8,000,000.00) for the Warner Avenue Widening Project as an Alternative Improvement determined by Santa Ana to provide an equivalent level of mitigation for Grand and Edinger Improvements in Santa Ana identified in the Amendment and FEIS/EIR and agreeing that release of these bond proceeds to Santa Ana will constitute Tustin's fair share of the Total Costs of Grand and Edinger Improvements as identified in Section B.2 of the Amendment. Section 2. Funding of Alternative Improvement Upon Tustin's transfer of Eight Million Dollars ($8,000,000.00) to Santa Ana, Tustin shall be thereupon relieved of any further fair share or construction responsibility for the completion of Grand and Edinger Improvements as set forth in Section B.2 of the Amendment. Further, since Santa Ana is electing to utilize the Community Facilities District bond proceeds for Alternative Improvement rather than for the Grand and Edinger Intersection Project, no subsequent mitigation shall be required by Tustin for any inadequacies in this intersection as a result of the improvements not being made to the intersection by Santa Ana as a result of Santa Ana's selection of Alternative Improvements. Section 3. Use of Funds by Santa Ana and Tustin 3.1 Any and all funds received by Santa Ana from Tustin pursuant to this Amendment shall be used exclusively for the Warner Avenue Widening Project. Santa Ana may utilize this money on any phase(s) of the Project, for preliminary costs such as alignment studies, design, environmental documentation beyond the FEIS/FEIR, property appraisal for improvements, property acquisition, relocation, lost goodwill, attorney's fees and court costs, and construction costs. The Parties agree that Santa Ana may utilize the Alternative Improvement funds as match funds to obtain grant funding for the Project. 3.2 Pursuant to Section E. 2 of the Amendment, Eighty-five percent (85%) of TSIA fees collected by Tustin from the MCAS Tustin Project will continue to be solely allocated to Santa Ana for the Warner Avenue Widening Project and utilized exclusively for the Warner Avenue Widening Project until January 1, 2020 only as it 2 20B-10