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the amount of $296,060.00 based on a request from Santa Ana, and Santa Ana released <br />Tustin from any further Improvement obligations under the JPA Agreement with an <br />Acknowledgement and Release until March 28, 2011. <br />H. Santa Ana desires to utilize bond proceeds from the Community Facilities <br />District to pay the cost of certain alternative traffic mitigation measures which they have <br />determined to provide an equivalent level of mitigation to Grand and Edinger <br />Improvements identified in the Amendment, and will release Tustin from its obligation to <br />pay its fair share total cost of all remaining (Grand and Edinger Intersection <br />Improvements. <br />NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br />herein, Tustin and Santa Ana agree as follows: <br />Section 1. Selection of Alternative Improvement <br />Pursuant to Section D of the Amendment, "Alternative Improvements", Santa <br />Ana hereby selects, and Tustin approves, releasing bond proceeds from the Community <br />Facilities District in the amount of Eight Million Dollars ($8,000,000.00) for the Warner <br />Avenue Widening Project as an Alternative Improvement determined by Santa Ana to <br />provide an equivalent level of mitigation for Grand and Edinger Improvements in Santa <br />Ana identified in the Amendment and FEIS/EIR and agreeing that release of these bond <br />proceeds to Santa Ana will constitute Tustin's fair share of the Total Costs of Grand <br />and Edinger Improvements as identified in Section B.2 of the Amendment. <br />Section 2. Funding of Alternative Improvement <br />Upon Tustin's transfer of Eight Million Dollars ($8,000,000.00) to Santa Ana, <br />Tustin shall be thereupon relieved of any further fair share or construction responsibility <br />for the completion of Grand and Edinger Improvements as set forth in Section B.2 of the <br />Amendment. Further, since Santa Ana is electing to utilize the Community Facilities <br />District bond proceeds for Alternative Improvement rather than for the Grand and <br />Edinger Intersection Project, no subsequent mitigation shall be required by Tustin for any <br />inadequacies in this intersections as a result of the improvements not being made to the <br />intersections by Santa Ana as a result of Santa Ana's selection of Alternative <br />Improvements. <br />Section 3. Use of Funds by Santa Ana and Tustin <br />3.1 Any and all funds received by Santa Ana from Tustin pursuant to this <br />Amendment shall be used exclusively for the Warner Avenue Widening Project. Santa <br />Ana may utilize this money on any phase(s) of the Project, for preliminary costs such as <br />alignment studies, design, environmental documentation beyond the FEIS/FEIR, property <br />appraisal for improvements, property acquisition, relocation, lost goodwill, attorney's <br />fees and court costs, and construction costs. The Parties agree that Santa Ana, may <br />2