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<br />r <br />L? <br /> <br />SECOND AMENDMENT TO JOINT EXERCISE OF <br />POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA <br />TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY <br />THIS SECOND AMENDMENT to the Joint Exercise of Powers Agreement <br />("Second Amendment") is entered into as of November , 2012, by and between the <br />City of Santa Ana, a charter city and municipal corporation duly organized under the <br />Constitution and laws of the State of California ("Santa Ana") and the City of Tustin, a <br />municipal corporation ("Tustin"). <br />RECITALS <br />A. Santa Ana and Tustin entered into a Joint Exercise of Powers Agreement <br />dated November 6, 1989, creating the Santa Ana/Tustin Transportation System <br />Improvement Authority ("JPA Agreement"). This JPA Agreement created two <br />Transportation System Improvement Program ("TSIP") areas and, pursuant to the <br />provisions of Government Code section 6500 et seq., established a legally separate, joint <br />exercise of powers authority (the "Santa Ana/Tustin Transportation System Improvement <br />Authority") to exercise various defined powers within the TSIP areas. These powers <br />include expenditure of developer impact fees ("TSIP Area Fees") to study, plan and <br />implement area-wide circulation improvements. <br />. B. By Amendment to JPA Agreement (the "Amendment"), dated February <br />22, 2001, the Parties established a funding mechanism to finance off-site traffic <br />improvements within the jurisdictional boundaries of Santa Ana (the "Improvements") <br />required to mitigate the effects of development of the MCAS Tustin property, identified <br />in the Final Environmental Impact Statement /Environmental Impact Report for the <br />Disposal and Reuse of MCAS Tustin (the "FEIS/FE1R"). <br />C. The Santa Ana Improvements include both the Grand and Edinger <br />intersection and the Grand and Dyer intersection in Santa Ana, and require that Tustin <br />pay its fair share of the Total Costs of both short and long range improvements. <br />D. The Amendment provides that Santa Ana, in cooperation with Tustin, may <br />select and implement alternative improvements to those identified in the Amendment as <br />requiring funding by Tustin. <br />E. The City of Tustin and the City of Santa Ana entered a Joint Community <br />Facilities Agreement, dated May 1, 2006, to provide for the financing of the Santa Ana <br />improvements through issuance of City of Tustin Community Facilities District No. 06- <br />01 (Tustin Legacy/Lennar Homes) ("Community Facilities District"). <br />F. Tustin in September, 2011 previously released bond proceeds from the <br />Community Facilities District to pay the total cost of Improvements to Grand and Dyer in <br />A-2012-215