TUSTIN, CITY OF (TSIA 2012 AMEND)-2012

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A-2012-215 SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY THIS SECOND AMENDMENT to the Joint Exercise of Powers Agreement ("Second Amendment") is entered into as of November jh, 2012, by and between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Santa Ana") and the City of Tustin, a municipal corporation ("Tustin"). RECITALS A. Santa Ana and Tustin entered into a Joint Exercise of Powers Agreement dated November 6, 1989, creating the Santa Ana/Tustin Transportation System Improvement Authority ("JPA Agreement"). This JPA Agreement created two Transportation System Improvement Program ("TSIP") areas and, pursuant to the provisions of Government Code section 6500 et seq., established a legally separate, joint exercise of powers authority (the "Santa Ana/Tustin Transportation System Improvement Authority") to exercise various defined powers within the TSIP areas. These powers include expenditure of developer impact fees ("TSIP Area Fees") to study, plan and implement area-wide circulation improvements. B. By Amendment to JPA Agreement (the "Amendment"), dated February 22, 2001, the Parties established a funding mechanism to finance off-site traffic improvements within the jurisdictional boundaries of Santa Ana (the "Improvements") required to mitigate the effects of development of the MCAS Tustin property, identified in the Final Environmental Impact Statement /Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (the "FEIS/FEIR"). C. The Santa Ana Improvements include both the Grand and Edinger intersection and the Grand and Dyer intersection in Santa Ana, and require that Tustin pay its fair share of the Total Costs of both short and long range improvements. D. The Amendment provides that Santa Ana, in cooperation with Tustin, may select and implement alternative improvements to those identified in the Amendment as requiring funding by Tustin. E. The City of Tustin and the City of Santa Ana entered a Joint Community Facilities Agreement, dated May 1, 2006, to provide for the financing of the Santa Ana improvements through issuance of City of Tustin Community Facilities District No. 06- 01 (Tustin Legacy/Lennar Homes) ("Community Facilities District"). F. Tustin in September, 2011 previously released bond proceeds from the Community Facilities District to pay the total cost of Improvements to Grand and Dyer in