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AGREEMENT <br />NOW, "THEREFORE, based on the mutual promise and covenants herein, and in <br />full wtticnient of their differences, the City, the LRA and Santa Ana aarce as follows: <br />A. General <br />Notwithstanding anything to the contrary in the FEiS'FEIR or in the environmental <br />findings approved by Tustin in its approval of the MCAS Tustin Project, the parties agree <br />that they shall be bound by the provisions of this Amendment. <br />B. Improvements in the FEIS /FEIR <br />L Santa Ana Accepts Substituted Improvements or Funding, Santa Ana <br />hereby agrees that the following Short Range and Long Range Improvements in Santa <br />Ana will not require mitigation by the Project as identified in the FEIS /FEIR or any <br />funding by Tustin or development projects at MCAS Tustin since in paragraph 2 of <br />Section E of this Amendment an alternative measure has been identified that provides <br />an equivalent level of mitigation as determined by Santa Ana in consultation with Tustin. <br />This is consistent with provisions of Mitigation Measure T /C -8 in the FEiS/FEIR. Santa <br />Ana agrees that the Improvements listed below shall also no longer be condition <br />precedent to the approval by Tustin of development permits for the Project. <br />Improvements by Location <br />SR-55 Southbound Ramps at Main & Warner* Main & Dyer <br />Edinger <br />Hutton Centre & MacArthur Grand & Warner* Lyon & Edinger <br />Standard & Edinger Ritchey &Edinger <br />* Improvement to these intersections shall remain part of the funded improvements to <br />Warner Avenue described in paragraph 2 of Section E. of this Amendment. <br />2. Tustin's Obligation for Improvements. As set forth in Exhibit <br />A to this Amendment, Tustin shall be liable to Santa Ana for the Total Costs (as defined <br />in paragraph 1 of Section C of this Amendment) of the Project's designated percentage <br />share of Improvements identified below and shall pay such amount to Santa Ana <br />pursuant to this Amendment. Tustin's obligations under this Section B shall not be paid <br />out of current or future TSIP Area Fees. Santa Ana's obligations under this paragraph <br />shall be paid out of TSIP Area Fees not otherwise allocated pursuant to the express terms <br />of this Amendment. <br />