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reaching this agreement, intend to describe a mechanism to finance the traffic <br />improvements needed in Santa Ana to mitigate traffic impacts caused over the next 20 <br />years by the Project. <br />F Mitigation Nfeasurc TIC -8 on page 4 -161 of Volume 1 of the FE1S /FE1R <br />allows alternative improvcments that provide an equivalent level of mitigation in the <br />Short Range (year 2005) or Long Range (year 2020) analysis to what is identified in <br />Tables 4 -12 -7, 4 -12 -8 and 4 -12 -9 to identified between Tustin and the impacted <br />jurisdiction. <br />G. Mitigation Measure T /C -9 on page 4 -162 through page 4 -163 of Volume <br />of the FEIS,FE[R requires that Tustin enter into an agreement with Santa Ana to <br />establish a fair share funding mechanism to ensure that off -site traffic improvements <br />needed to mitigate the impacts of the Project within Santa Ana are constructed (the <br />"Improvements ") at specified areas and locations. <br />if. Pursuant to the analysis contained in the adopted FEIS /FF.IS, and <br />incorporated herein by reference as though fully set forth here, the Project is required to <br />fund all or a portion of the cost of necessary traffic mitigation improvements proposed <br />for installation in the short range (year 2005) analysis (the "Short Range Improvements ", <br />and all or a portion of the cost of certain other Improvements proposed for installation in <br />the long range ( year 2020) analysis (the "Long Range Improvements "). <br />1. On or about November 6, 1989, Santa Ana and Tustin entered into a Joint <br />Exercise of Powers Agreement creating the Santa Ana Transportation System <br />Improvement Authority ( "JPA Agreement"), This JPA Agreement created two <br />Transportation System Improvement Program ( "TS1P ") 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 "Tustin -Santa Ana Transportation System Improvement <br />Authority') to exercise various defined powers within the TS1P areas. These powers <br />include expenditure of developer impact fees ( "TSIP Area Fees ") to study, plan and <br />implement area -wide circulation improvements. <br />J. The parties to this Amendment agree and acknowledge that certain <br />Improvements should be funded by TSIP Area Fees to be imposed upon all Project non- <br />residential development physically located within the City of Tustin over the next twenty <br />(20) years. <br />K. The parties to this Amendment also intend that the provisions of their <br />agreement, as evidenced herein, should not be subject to amendment in whole or in part <br />by the Government Board of the Santa Ana Transportation System Improvement <br />Authority which was established by the JPA Agreement. <br />L. The Parties to this Amendment have disagreed as to the transportation and <br />circulation mitigation measures included in the FEIS /FEIR and the adequacy of the <br />FEIS/FEIR, and desire to resolve in this Amendment all of their disputes. <br />PA <br />